When creating a legal description, it is important to use the exact legal description that appears on the last deed of ownership. This requires special attention from the creator. It is advisable to re-read the legal description several times to ensure that each letter and punctuation element looks exactly what it was in the previous document. If you carefully read the legal description in your document and compare it with the legal description in a previous document, you can ensure that your document contains the corresponding legal description. If the property is not subject to a subdivision area, and especially if it has an irregular shape, more complex descriptions will be posted, allowing a surveyor to measure and mark the boundaries of the property. If a property is in a subdivision, the legal description can be very simple. It usually refers to one or more lots, the block (or blocks) on which the lots are located, in the name of the subdivision, the county and the state. Understanding the different types of deeds can help you make good decisions when it comes to buying property or understanding the legality of inheritance. All legal descriptions indicate county and state, but how the description is worded varies. In the case of plated subdivisions, the description of the object is simplified. The property description used in deeds and other land deeds refers to the name of the subdivision and the lot number. Example: In order to transfer ownership of real estate, the deed must contain a clear legal description of the property that identifies it.
In order to have a valid mortgage on a property, the mortgage must also contain this legal description. In most states, property descriptions often include a reference to a community. This goes back to a survey plan drawn up by the federal government in 1785. Such descriptions can get quite complicated, especially if a property crosses a municipal section or boundary. All deeds in the chain of ownership of the property must have an identical legal description. It is usually found on the document after a sentence similar to: « the defined parcel or parcel of land described as follows ». In most cases, there is no substitute for simply finding the last deed of ownership and using the legal description on that deed. There are different types of legal descriptions (see below), but these distinctions are often not relevant to the document preparation process. Knowing the different types of legal descriptions is not as important as knowing where to find the legal description of the specific asset being transferred. In addition to the legal description, you may see additional identifying information on a land document.
This is usually the address and a property tax identification number. The Public Survey System (PLSS) is used in legal descriptions. It uses a grid system based on municipality, zone and section numbers. Here is an example of a PLSS legal description: A legal description is a description of real estate sufficient to identify it for legal purposes. When drafting an act, it is important to use the correct legal description. In most cases, it is best to use the legal description of the last deed of ownership. Find out what a real estate purchase agreement does and what it should include. The above information is intended to help you understand legal property descriptions. However, when buying or selling real estate, it is usually not necessary to fully understand the details of property descriptions. It is important that the deed, mortgage or other property document contains an accurate description of the property.
The best place to find a legal description is usually the last deed of ownership (the deed that transferred ownership to the current owner). The legal description is usually included in the body of the document. Legal descriptions are usually accompanied by introductory words such as « . as described below. This wording indicates that the legal description will begin shortly. The legal description is often double-indented or bolded to distinguish it from the rest of the document. See the following examples for an illustration. A description of the boundaries and boundaries describes the property by locating it in the public survey system. The boundaries of the property are described by working around a plot one after the other, starting with a starting point.
The starting point could be a landmark or a point described in the U.S. public surveying system. Here is an example of a description of the boundaries: Each community is divided into 36 numbered sections measuring one mile on each side. Therefore, you may see a property description that contains a reference to the municipality and section, for example: There are two main types of legal descriptions: property and block descriptions, which are most often associated with subdivisions; and Metes and Bounds descriptions, which are used for non-dividing properties. Some legal descriptions include both lot and block descriptions and boundaries and boundaries. A legal description is used to describe the location of the property in legal documents (for example, the deed of ownership of your land). This is very common in rural areas and is known as the Metes and Bounds description. It begins with the description of a point where measurement begins, which can be abbreviated to POB, as a starting point. It usually contains information on the cantons. A legal description is one that is legally sufficient to describe the property. Using the most recent deed for the property is usually the best way to ensure that the interest of the current owner passes to the new owner. Below is a list of other types of descriptions that are often insufficient to be considered an adequate legal description: For example, a community that is the fourth community north of the baseline and the second community east of the meridian is called « Township 4 North, Range 2 East ».
This can be abbreviated to « T4N, R2E ». The municipality may also have a name, which may be included.
