necessary. A typical lots and blocks description will look something like the following: PARCEL MAP AS PER BK 37 PG 76 OF P M LOT 2. Real Estate Legal Descriptions and Surveys Work Together (Aug. The legal description (and in some cases, the municipal plat . His practice focuses on meeting the needs of real estate owners and investors. It can also allow you to pinpoint where a particular piece of property is located. And thats not all, gathering all the information required for preliminary notices and mechanics liens is particularly difficult. Townships, then, are divided into one square mile segments called sections. Many times claimants will describe a drop-off location, job site trailer, the GCs office or shop, or any other offsite location. If a new description must be created, a professional surveyor stakes and maps out the property. That said, before you move forward with any sale, you should ensure you and your real estate agent have verified how old the legal description is.
How To Write A Legal Description - isalegal There are certain steps you can take on your own to locate the full legal property description. 2, No.
Each square mile is one section which is 640 acres. Property Description Approval Form Example 8. Thank you, Linda. If one party feels shorted by the outcome, then monetary compensation for the perceived loss is typically the best way to ensure there are no hard feelings. Ths description acts as a legal binding to confirm the identity of the land that a person is interested in buying .
PDF LEGAL DESCRIPTION GUIDELINES - AustinTexas.gov Life Estate Examples & Remainderman | Life Estate Overview, Attachments & Severance in Real Estate: Definitions, Examples & Laws. In short, never substitute another description for the true legal description. A legal description is a precise, legally meaningful and Even long-time real estate investors dont give much thought to these letter-number combinations. Enrolling in a course lets you earn progress by passing quizzes and exams. Leasehold Estate | Definition, Types & Examples. are briefer. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Gokce Capital | Privacy | Terms | Earnings Disclosure | Affiliate Disclosure | Do Not Sell My Info | Accessibility | Refund Policy. Each county has specific requirements for how that No problem. What is a Legal Description of Real Estate? Learn more about property law with this guide to the top 4 things you should know. If youre looking for your block or lot, find the survey of the development (the plat). How to Add a New Owner to the Title Deed to Real Estate, How to Remove a Deceased Owner from a Title Deed to Real Estate. The townships location in relation to the states parallel line is where townships get their name.
Legal Property Description Search | A Complete Guide The title agent and surveyor will catch any problems with the legal description and move to clear the cloud on the title before the closing. that is, the last deed used to transfer the property. Each quadrangle is 24 square miles. deed to add new owners to the deed, create new property interests, or change the An essential part of the deed is the legal description of the property. often. In general, theyre considered the easiest to write but the hardest to survey. If all else fails, you can always send a request for informationto your hiring party, the general contractor, or even the owner themselves. This follows a standard format for the rectangular survey system, but the property deed would also need to contain the county the property is in for record purposes. Beyond that, the description must contain enough information that a competent licensed surveyor could go back later and clearly identify the property lines. To be valid and to withstand potential challenges, deeds If that makes little to no sense to you, youre perfectly normal. Example of a Lot & Block Legal Description, Example of a Condominium Legal Description. Legal descriptions of property, those all-important components of a Purchase and Sale Agreement, fall into two basic categories: platted and unplatted properties. Sections can be further divided up into half sections, quarter sections, and smaller fractions of a quarter section. Commence at the NE Corner of the East of West of NE of SW of Section 17, Township 1 North, Range 12 West and run S degrees 0308 E, 28 feet to the South right of way line of Silver Lake Road and the Point of Beginning; thence continue S 0 degrees 0308 E, 409.67 feet; thence N 89 degrees 5441 W, 314.69 feet to the East line of a 20 foot easement; thence run N 0 degrees 0427 W along said line, 409.50 feet to the South right of way line of Silver Lake Road; thence run S 89 degrees 5641 E along said line 314.86 feet to the Point of Beginning. Your email address will not be published. Based upon these reference points, the land is further divided into townships of 36 square miles. Sample Legal Property Descriptions Sample 1: . Deed Recording Documents & Process | Who is Responsible for Deed Recording?
The best place to find a legal description is usually the most recent deed to the property (the deed that conveyed the property to the current owner). Deeds.com: How 14 Things You Should Know in 2023. In many areas with well-defined neighborhoods, cities, and towns, the lot and block system provides an easy way to identify specific properties and their boundaries. The legal description for a large ranch might read as such: Smith County Nebraska, Sixth Principal Meridian T2N, R1W, sec14. } binding summary of a property survey.
PDF Tutorial on the Public Land Survey System Descriptions - Wisconsin DNR Legal Description Of Property: Definition And Guide - SmallBizGenius Property Description Approval Form 5. If youve read some other articles about lien filing on this website, you may have noticed that we frequently use the termfull legal property description. Error in the Legal Description of the Deed: What Happens Now? Metes areborderlines. Check that the digits and every decimal Deed Restrictions in Property Examples | What is a Deed Restriction? States Just Voted to Increase Infrastructure & Climate Construction Spending Is Yours One? If youve ever bought property before, youve probably glanced at your deed and noticed its legal description. Going through the mechanics lien process on your own can be challenging.
The Three Types of Legal Descriptions - Pioneer Title Co Legal Property Description Search | A Complete Guide. Can an Unlicensed Contractor File a Mechanics Lien? Please be sure to consult a legal or financial professional before making any investment decisions. Property Legal Description Form 3. But even if you arent working in one of these states, this is important to know nonetheless. A legal property description is a way of identifying property to ensure complete and legal accuracy. Escrow & Title Insurance 101 Chinese (Mandarin), Real Estate Legal Descriptions in Plain English. The rectangular survey system started as a way of establishing the boundaries of large pieces of land as the United States expanded westward. to their closing point where they began? For residential real estate, this description is unlikely to come up. Its like a teacher waved a magic wand and did the work for me. Automated document assembly software is copyright 2023 lexVentures LLC. As a member, you'll also get unlimited access to over 88,000 This top-floor, two-bedroom luxury apartment comes with a 12 sqm conservatory terrace which can be opened in summer. Also, a majority of the county assessor websites, have a property search function, like the Orleans Parish Assessor, through which you can enter the municipal address, parcel number, or owner name to find the legal description. description. Supporting References and Further Resources.
PDF Legal Descriptions signing notarized.
How to Read a Legal Description of a Property Sometimes, in the rush to get a transaction done, a mistake Legal descriptions are essential to the land buying process, and thus knowing how to read the legal description of a property is equally as important. And there are chances they have absolutely no clue about what to expect with legal descriptions. He is also a real estate investor, board gamer and homebrewer. Understanding the difference can help you as you delve into this part of landowning and land buying. the legal description.
What is a Legal Description in Real Estate? - Blueprint Title Your use of this site does not establish an attorney-client relationship. Best of luck with the free land giveaway! Our online deed preparation service can create a deed in minutes. The legal description of a property is a real estate document that identifies the location of a particular parcel of land. If you have case-specific questions about a transaction, or anticipate For properties in cites and developments, the descriptions This system is commonly used in urban and suburban areas where land has been divided into smaller parcels. Error in the Legal Description of the Deed: What Happens Now? Example: Metes and Bounds Legal Description. An example of a legal description using the PLSS is given below. For example, the description above would be read "The north 1/2 of the southeast quarter of the southwest quarter of section 24, township 32 north, range 18 east." Figure 1: PLSS in Wisconsin The addresses that buildings or houses are commonly known as may be recorded as something different with the county. If all of this sounds way too confusing and/or complicated, we get it. It is sometimes absolutely necessary to be able to read and understand the elements of a legal description of property to make sure there is nothing holding you from revealing or finding out the true identity of the land. Legal Property Description Examples Applications for Hemp Grower Licenses and Hemp Processor Permits require legal property description of the relevant tracts of land. and the original grant. This was renovated with the most modern technology, and ceiling / wall heating and cooling ensure the desired temperature. Sample 1 Sample 2 Sample 3 See All ( 4) LEGAL DESCRIPTION OF PROPERTY. Lets say you are a material supplier on a job. Appurtenance in Real Estate | What is Appertaining? How can we find out who changed the legal descriptions and if indeed we should also have access to the easement? I used to think getting paid in 90 days was normal. Example of a Shortplat Legal Description Condominium legals reference Unit number, sometimes a Building number, and the subdivision name with the volume and page that it was recorded under in County records plus the Condo Declaration Recording Number. In fact, they sometimes don't even match. The plot most often uses metes and bounds descriptions to identify the perimeter of the platted land. The definition of a legal description of property is basically a document which outlines everything important about a property: it's identity, ownership, sale, lease, location, price etc. Not all underwriters will require a new survey for closing. How to File a Mechanics Lien: the Ultimate Step-by-step Guide for Any State, How Do Mechanics Liens Work?
11+ FREE Property Description Templates in PDF | DOC Another common mistake is describing a tract of land that has been subdivided. A Notice of Commencement will contain all the owner and property information necessary to file a mechanics lien. Double-Deal and Dozen-Deal, as well as . This identifies a specific parcel by lot number with a given block, or subdivision plat. It also ensures that the correct property deed is transferred to the new owner and that the correct property ownership is recorded on the new deed. What does Certified Payroll mean? Articles Real Estate Deeds Made Easy Since 1997. 1/2 SE 1/4 SW 1/4, S24, T32N, R18E The descriptions are generally read from front to back. Ticor Title is a part of FNTG, the nations largest title insurance and escrow services company. Once you have the location, you will need to describe it in legal terms. Marketable Title Overview & Importance | What is a Marketable Title? All rights reserved. property exactly. All deeds are attorney-designed and guaranteed to be in a format that meets state recording requirements. "@context": "https://schema.org",
How to Write a Legal Description of Property Hello Jennifer, this sounds like a mess! Read more details on correction There are numerous requirements, notices, and deadlines that must be complied with. A legal description will contain the location of the physical location the records are kept and also the specific book and page number the record is contained in. Thank you! A legal description is a description of real property by a government survey, a metes and bounds survey, or by lot numbers of a recorded plat. So what exactly is a legal property description? At the end of the day, you own what is written in the legal description of your deed. Using the prior deed as the source of the legal description provides several legal safeguards: Attorney Practice Note: Failure to use the prior deed as the source of the legal description can cause errors, disputes, and potential title issues. (ATG Casenotes, Vol. These 640 acres would describe a perfect section, although most arent. It can include varying information depending on which system was used to write the description. If this is the case, then your land still has a section, township, and range designation; its probably just not listed on the deed. To unlock this lesson you must be a Study.com Member. The description must be complete enough that a parcel of land can be located and identified based on what is written. Notify me of follow-up comments by email. mortgage agreement or title insurance commitment should match the legal The legal description is an essential component of a deed that describes and defines the property that's bought or sold. It may also be used in legal proceedings to prove ownership or to establish boundaries. If a party to the problematic deeds conveyance Only pay when youre ready to create the deed. A legal description is a description of real property by a government survey, a metes and bounds survey, or by lot numbers of a recorded plat. description, inmetes and bounds. A legal description of a property defines the exact geographical location of the property. She has a Masters in English and Creative Writing from Southern New Hampshire University and a Bachelor's in English from Thomas Edison State University. To make sure the surveyor can easily locate the property, the description can be done in three different forms. Failure to properly identify the property could lead to costly delays and potential invalidation of the entire claim itself. In Texas, a legal description of a property is typically made up of three parts: a metes and bounds description, a deed reference, and a section and lot reference. In this blog, well talk about everything you need to know, including how to read the legal description of your property. Standard Monthly and Power User subscribers can request this report directly.
Understanding the legal description of property You may have correctly identified the larger tract of land, but in order to have an accurate legal property description, youll need to get more specific. 7 and 8 vs Lots 7 and 8) I know this is a silly question, but it is a discussion we are having. A surveyor may describe land by dividing the sections into fractions, usually starting with quarter sections. Warranty Deed. Youll need the legal description for any sales contracts, deeds, and mortgages, When the legal description (and the information that is supposed to be contained in it) is incorrectly stated on the deed, the wrong piece of real estate will be transferred from the previous owner to the new owner, In short, never substitute another description for the true legal description, The townships location in relation to the states parallel line is where townships get their name, 2023 Gokce Capital: We Buy and Sell Land, Gokce Knowledge Class: 31 Things I Learned Selling My First 500 Properties Online (GKC1), Land Investing Mistakes: 11 True Stories You Need To Know, 31 Lessons I Learned Selling My First 500 Properties Online, Silvopasture Definition: 9 Things (2023) You Should Know, Does a Quitclaim Deed Give You Ownership? California 20-day preliminary notice guide, The Ultimate Guide to Lien Waivers in Construction, How to Handle Requesting and Tracking Lien Waivers, Unconditional Lien Waivers vs Conditional Lien Waivers. From there you can find your lot and block relating to your property. point are all in place.
PDF Legal Descriptions - McKissock Learning The legal description is recorded on the deed for the property. It will include the full That might be all you really want to know! A metes and bounds legal description is usually one that was created by a surveyor that finds a starting point and proceeds with directions, angles and distances. When putting the legal property description on a title policy or on a warranty deed, does the legal description have to match every capitalization, punctuation, abbreviation and symbol exactly? You shouldnt take anything on this site to be legal advice or make any decisions based on it. Re-access the interview and create a new document at no additional charge. Here's an example of a PLSS legal description: N 1/2 SE 1/4, SW 1/4, S24, T32N, R18E
Property Descriptions 101: How to Write Listing Descriptions An example of a lot and block. defines it as a "formal, detailed, and sufficient property/asset description that definitively identifies and locates a specific property.". When filing your lien claim, youve identified the proper street address and managed to get the full legal property description. blocks. Our legal description assistance service can locate your legal description for you and re-type it for use on your new deed. These distinctions are often irrelevant to the deed preparation process. This makes the boundaries of the property more clearly defined, and its ideal for undeveloped land in rural areas. Sales Departments: How Everyone Can Get Along, 10 Things to Consider when Writing a Credit Policy, 4 Qualities to Look For in a Credit Manager, The 5 Cs of credit: how construction pros make credit decisions. Three methods of surveying can be used to aid in or express a legal description, including the following: To unlock this lesson you must be a Study.com Member. This type of description will often contain individual lots, block locations, place of official recording, and reference to cited plat map. Fortunately, title insurance can help protect you and your property rights against any confusion, forgery, or unclear recorded documents. Because each township is six miles wide by six miles tall, there are a total of 36 miles in each. A township is a 36-square-mile area further divided up into 36 separate one-square-mile sections. 2019). A legal description of property is a written statement that describes where a particular plot of land is located. Our user-friendly interview walks you through the process with state-specific guidance to help you create the right deed for your state. Are ByBlocks a Viable Eco-Friendly Alternative to Cinderblocks? { This system is often used in rural areas or where properties have irregular shapes. Even the legal descriptions included in local tax records may be abbreviated and inadequate to legally describe the property. The description part of the legal description is a sort of shorthand that provides location and dimensions by referring you to a specific parcel on the recorded map. "@type": "Question", City name - CN. How do you know exactly what you're buying when it comes to land? The difference is that when these lots are recorded on the plat, they're given a much simpler identifier. But with careful attention to detail, your deed will be clear, Lenders require title insurance because it protects their interest in the property. Hello Don, a survey does not become outdated, but a surveyor is only liable for the survey for a set time period; therefore, it is generally a good idea to have a new survey done if this time has passed should you be buying a property or building on one. Minneapolis Addition). Utilizing a property line tie that you made on the northerly line of Sycamore Street, record map values, and the Tarantino Contractors as Projects Pile Up, Google Maps for construction aggregates Pushes for Building Materials Price Transparency. It may contain a reference to a more complete The first step is to determine the location of the property.
PDF MN Property Description and the Law 2012 - cdn.ymaws.com How to Find the Legal Description of a Texas Property RECORDED UNDER HARRIS COUNTY CLERKS FILE NUMBER Z167750 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, (AS TO LOTS 7, 8 AND 9), HARRIS COUNTY CLERKS FILE NUMBER Z167751 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, (AS TO LOTS 10 AND 11) AND HARRIS COUNTY CLERKS FILE NUMBER 20070592669 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, (AS TO LOTS 12 AND 13); BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE (4204), AS DETERMINED BY GPS MEASUREMENTS): BEGINNING at a 1-1/2-inch iron pipe found in the north right-of-way line of Breen Road (60-foot width) marking the southeast corner of a called 8-acre tract of land described in a special warranty deed to Donald M. Wright and Doris Glynda Wright recorded under Harris County Clerks File Number J253792 of the Official Public Records of Real Property, same being the southwest corner of said Lot 13 and of the herein described tract of land; See how fully detailed the information has been provided and how the legal description clauses define the identity of the property. A legal description for a condo identifies the unit, and sets Starting at an origin point, the surveyor follows a compass heading for a specified distance until they reach a new point or another property line. (Lots Nos. A legal description of property is a way to define or accurately pinpoint where a particular piece of property is located. A warranty deed is the most common type of deed used to transfer real property from a seller to a buyer in . See why a real estate legal description is important. Do the measurements come It is best practice to proofread the legal description multiple times to be sure that every letter and item of punctuation appears exactly as it did in the prior deed. and correct legal description. Here is an example. Published Oct 02, 2014 | Not finding a property description from a municipal address is more common than you may think. DeedClaim is a computer-assisted document assembly platform. Basic Property Description Example 7. Cautious buyers have stake surveys done before closing, to verify the actual boundaries rather than assume fences are in all the right places. The preferred method for writing a legal property description depends largely on the location of the property. Need to make a correction? We envision a world where no one in construction loses a nights sleep over payment. An A legal description using the lot and block system might look like: Lot 6 of Block 12 in the Sunrise Subdivision plat as recorded in Map Book 4, Page 57 at the Recorder of Deeds, Sonoma County, CA. However, when dealing with one geographic area, the descriptions will tend to follow the same wording and language. When preparing a legal description, youll want to use the exact legal description that appeared on the most recent deed to the property. All a surveyor has to do to confirm the boundaries is go locate Lot 6 as shown in that book and then follow the metes and bounds description. Create your account. Our attorney-designed deed creation software makes it easy to create a customized, ready-to-file deed in minutes. The traditional description is based on a surveyors record of metes and bounds. Located in Sonoma County, CA.
What is a Legal Description? | Zolo.ca Thats because these descriptions can get pretty lengthy, particularly metes and bounds descriptions. 11 Things (2023) You Should Know, Boundary Disputes: 9 Things (2023) You Need to Know, Condemnation vs Eminent Domain: 11 Things (2023) You Must Know, What Is A Perc Test? This document gets attached to the deed to clarify ambiguous language in Metes: propertys boundary line determined by measuring the distance between two points; can also determine the plot of lands direction, 2. A township is a specific box of land that is six miles wide and six miles tall. When a property owner is looking to sell a portion of their land, there are legal procedures, zoning requirements, and other hurdles that need to be dealt with to properly subdivide the property. This description can be written in a few different forms depending on where the property is located in the United States. The plat is the larger section of land, which is then broken down into blocks, which are further broken down into lots. Now I get paid in 17 days. One thing contractors struggle with often is conducting a legal property description search. Construction Contracts: What Does Workmanlike Manner Mean? A street address also identifies a physical location but not in the same way that a legal description defines it. A warranty deed is a deed in which the seller, also known as the " grantor ," guarantees to the buyer, also known as the "grantee," that he holds clear title to the property, and that he has a legal right to sell it. Attorneys Title Guaranty Fund Underwriters Bulletin: Recording Problems: Legal Description Attached Or Is It? While an address is often used to locate a property, legal descriptions are used when transferring title because they're more accurate. Monuments: also known as survey markers or geodetic markers; objects placed on the property to mark important surveys on the lands surface; typically metal rods or concrete pieces lodged into the ground although sometimes they may be more unique objects like liquor bottles, clay pots, rock cairns. Whenever an interest in property is transferred from one Subdivisions, shortplats, and even condominiums are under this umbrella. completed forms and filed in the public records.
Legal Description of Property | Overview & Examples - Video & Lesson One thing contractors struggle with often is conducting a legal property description search. Bounds: describes a propertys boundary line; typically used to define properties with more acreage, 3. If you start to write out something along the lines of two-story brick home, with lumber framing and a detached two-car garage then youre on the wrong idea train. The same can happen on residential projects, as the lienor may list one person as the owner, but it is actually a married couple who owns the property. Mechanics Lien v. Notice of Intent to Lien: Whats the Difference? We track down the property owner, GC, legal property description, and other hard-to-find information you need to file a lien or other documents. Required fields are marked *. If you have an outdated survey, you may have an outdated legal description. Click on any link below to see examples of various types of legal descriptions & the maps that go with them.
They get copied and pasted from document to document without thought. A metes and bounds description is commonly used in relation to the U.S. Government Survey System. Can You File a Mechanics Lien without a Preliminary Notice? (Feb. If nothing comes up when searching by the owner, try searching with the municipal address or the parcel number. It's more authoritative than the address and the parcel number, and if this information is stated incorrectly on a deed, the wrong piece of real estate will be transferred. A metes and bounds legal description might read like this: Starting at a point on the East Side of 1st Street 100 feet from the corner of 1st Street and A Boulevard, north 90 degrees 100 ft, then north 0 degrees 100 ft to the border of A Boulevard, then North 270 degrees to the intersection boundary of 1st Street and A Boulevard, then finally south to the point of beginning.
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