example of a legal description of a property

state. In the U.S., it is a misdemeanor to intentionally destroy, remove, or deface permanent survey markers. A legal property description is a way of identifying property to ensure complete and legal accuracy. Cautious buyers have stake surveys done before closing, to verify the actual boundaries rather than assume fences are in all the right places. However, once the plat is recorded, the smaller parcels are identified by letters or numerals instead of using the metes and bounds descriptions. This is because the legal description identifies your property legally. a re-written real estate legal description. Legal Property Description Search | A Complete Guide. Each county has specific requirements for how that Legal Property Descriptions Template 5 Steps to Write Property Description 4. How Real Estate Legal Descriptions and Surveys Work Together View company ratings & claims paying ability. Example of an Unplatted Legal Description, Example of a Metes & Bounds Legal Description. A description of the property doesnt mean the propertys physical characteristics. A Notice of Commencement will contain all the owner and property information necessary to file a mechanics lien. . There are three main systems of writing a legal property description. A legal description is a written recorded document defining the boundaries of a property. City name - CN. check with the county recorders office to find out which is used. What is a Land Survey? There are numerous requirements, notices, and deadlines that must be complied with. A legal description is a specific, legal definition of a property that is used in property transactions. Articles Real Estate Deeds Made Easy Since 1997. Credit management: secured debt what is it, and how can it help a credit policy? Installment 2: Additional details on this type of property report can be found on the Legal & Vesting Report Info page. When a correction deed is necessary, it will repeat and Also termed land description." Unlike an address, it's a unique identifier. Get off, and contact us. All deeds are attorney-designed and guaranteed to be in a format that meets state recording requirements. Learn how a legal description of a property is written. Click here for an example of a metes and bounds legal description in an actual deed. There are a number of states that require adescription of the property that is reasonably sufficient for identification.In these types of states, a full legal property description isnt required, but a simple street address wont suffice. Legal Description | | Wisconsin DNR A parcel of land identified as "Tract One of Mann's Subdivision" per Map Book 3, page 17, Records of _____ County, California, is shown below. creates a cloud on the house title. A large area of land on a map, known as a plat, contains smaller divisions of land made using metes and bounds descriptions. One thing contractors struggle with often is conducting a legal property description search. Surveys for lot and block will depend on the age of the property and if the corners and other landmarks mentioned are still present. Rectangular Survey System | Definition, Process & Examples. This system of land surveying is based on the north-south lines of longitude, which are called meridians, and the east-west lines of latitude, which are called parallels. You shouldnt take anything on this site to be legal advice or make any decisions based on it. Example: Metes and Bounds Legal Description. These legal descriptions identify property so that it may be conveyed, assessed, and taxed. Installment 1: $6,030.32. The definition of a legal description of property is basically a document which outlines everything important about a property: its identity, ownership, sale, lease, location, price etc. Most counties will have a copy of the deed filed in their county assessors office. This identifies a specific parcel by lot number with a given block, or subdivision plat. What is a Botnet? The legal description must contain, at the very least, the city and county the property is located in. This is a legal document proving ownership of a particular piece of property. Surveyors have access to equipment and information that allows them to determine with precision a property's exact boundaries. And that's not all, gathering all the information required for preliminary notices and mechanics liens is particularly difficult. - Definition, Detection & Security, Asymmetric Threat: Definition & Characteristics, Nanotechnology: Definition, Applications & Examples, Working Scholars Bringing Tuition-Free College to the Community. Sections can be further divided up into half sections, quarter sections, and smaller fractions of a quarter section. This method is best used when land survey areas are irregularly sized and/or shaped. The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. 1. His law firm has prepared thousands of deeds for government agencies and individuals across the United States. It means the deed itself is defective. It will show blocks and lots, which are different from both street addresses and government lot descriptions. Many times claimants will describe a drop-off location, job site trailer, the GCs office or shop, or any other offsite location. If nothing comes up when searching by the owner, try searching with the municipal address or the parcel number. Not all underwriters will require a new survey for closing. When filing your lien claim, youve identified the proper street address and managed to get the full legal property description. In this section, well attempt to decode how to read the legal description of property using the grid system which was adopted by the US in 1785. Here is an example. Double-Deal and Dozen-Deal, as well as . 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. descriptions, and the components that form them, read on. Warranty Deed. Who Writes the Legal Description? Basic Property Description Example 7. A legal description of property is a written description of a piece of real estate, including its dimensions and location. Failure to properly identify the property could lead to costly delays and potential invalidation of the entire claim itself. These 640 acres would describe a perfect section, although most arent. Legal Property Description Examples Applications for Hemp Grower Licenses and Hemp Processor Permits require legal property description of the relevant tracts of land. This statement, which is also known as the land description or land boundary description, is a legal requirement and must be included on the deed to the property. Error in the Legal Description of the Deed: What Happens Now? A warranty deed is the most common type of deed used to transfer real property from a seller to a buyer in . The legal description is usually contained in the body of the deed. Whats the real estate legal description that goes on a deed? These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. signing notarized. Property Description Report Template 6. "@type": "Question", 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. The legal description of a property is one of the most critical pieces of information thats involved in a land transaction. This makes the boundaries of the property more clearly defined, and its ideal for undeveloped land in rural areas. amendments. 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. Need to make a correction? Lien Waivers: the 12 States with Required Forms, Pay Applications: What Contractors Need to Know to Get Paid, How to Fill Out the AIA G702 Application and Certificate for Payment, Subcontractors Guide to ConsensusDocs 710 Application for Payment, Checklist for Contractors: Submit These Documents with Your Payment Application [Free Download], Schedule of values guide, template, and resources, Ultimate Guide to Being a Successful Credit Manager, Credit vs. succeed. 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. What is Overbilling? | 16 Is a Legal Description of Property Necessary? If a party to the problematic deeds conveyance Most often a subdivision is divided into one or more blocks. The blocks are then further divided into one or more lots. The legal description from an unrecorded plat cannot be used until that plat is recorded. The real estate legal description of a property is a way of explaining the exact, geographic location of the property. 14 Things You Should Know in 2023. - Definition, Types & Examples, Time Multiplexing: Applications, Advantages & Examples, Trusted Network: Solutions, Environment & Technologies, What is a Network Protocol? This system is commonly used in urban and suburban areas where land has been divided into smaller parcels. How Each square mile is one section which is 640 acres. Your deed needs to have an accurate legal description of your property, so if youre looking for the legal description after you already own a parcel of land, then this is the best place to look. 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. This type of contract is also What Most Dont Understand about California Lien Rights. However, where you delivered materials might not be the same place as the property being improved. PDF MN Property Description and the Law 2012 - cdn.ymaws.com The legal description identifies the property's geographic location and boundaries as determined by a surveyor. Avoid using the property tax record description, which is often brief and inadequate when it comes to legally describing the property. When preparing a legal description, it is important to use the exact legal description that appears on the most recent deed to the property. The intersection of these lines becomes the origin point of the central building block of this grid system: the township. 2, No. An error occurred trying to load this video. Use our Lease Agreement to attach a legal description to your lease. Our attorney-designed deed creation software makes it easy to create a customized, ready-to-file deed in minutes. Deed Recording Documents & Process | Who is Responsible for Deed Recording? Description of Personal Property But if you are curious about the main types of legal As a landlord or homeowner, you'll need to provide a legal description of property when renting or selling. It is usually easy to find by looking for these clues: The wording of the legal description can vary depending on the type. deeds substance beyond the correction at issue. Here are a few examples: "Check out this top-floor condo in an all-brick, elevator building with a deeded indoor parking space." "This spacious, single-family home in Boston features both modern amenities and architectural character in a fantastic location." 276 lessons It describes the propertys boundaries in terms of north and south. This system is often used in rural areas or where properties have irregular shapes. 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. - Definition & Types, Psychological Research & Experimental Design, All Teacher Certification Test Prep Courses. It will include the full Anyone following the instructions would walk the perimeter of the property. It Back charges can be tricky if you're not careful! Standard Monthly and Power User subscribers can request this report directly. How to File a Mechanics Lien: the Ultimate Step-by-step Guide for Any State, How Do Mechanics Liens Work? How to Read a Legal Description of a Property If you dont hold the deed, you can An Public Land Survey System illustration: public domain. 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. Youll need the legal description for any sales contracts, deeds, and mortgages. The metes and bounds system is a method of describing real property by providing a series of directions and distances from a specific starting point (known as the point of beginning) to define the boundaries of the property. Scout data pulls from nationwide property databases, county assessor records, Levelsets internal database of millions of projects, and anywhere else they can find! Conducting a legal property description search on your own can prove difficult, but not impossible. The lot and block system is a method of describing real estate by referring to a specific lot number and block number within a recorded subdivision or plat map. Each part of the United States was assigned a specific meridian and parallel as a reference point. No problem. . The legal description starts with a landmark, which could be a point identified in the USGS Public Land Survey System. The surveyor must find three of the sections certified corners which are a mile apart and walk there with their equipment following the instructions on the legal description. These include the Rectangular Survey System, metes and bounds, and lot and block. The legal descriptions starting changing in 2001 via Quit Claim deeds and changed again for a the final Warranty Deed surfacing in 2003. An erroneous deed should not simply be re-recorded together with 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. Land situated in the City of Detroit in the County of Xxxxx in the State of Michigan. The easiest way to find the property research is to go to the county assessors page and look for something along the lines of parcel information or property research, or simply Google search for the county name and assessor property search. Condominium Ownership Overview | What is a Condominium? Because each township is six miles wide by six miles tall, there are a total of 36 miles in each. The plats containing all this information are usually kept at the local court records office or other such location. 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? Net Listing in Real Estate: Concept & Examples | What Is a Net Listing? A professional land surveyor creates the legal descriptionof a property. Platted is a general term for properties where a subdivision involving an approved survey map and plans that describe each lot or unit and that are recorded with the county. Just whip out the most recent deed to the property and use the legal description found on that deed. that contain the property descriptions. Does the description make geographical sense? While most counties online resources are adequate in providing this information, there are some that are difficult to navigate, or that do not provide the necessary information. A legal property description based on this system might read like this: The SE 1/4 of the NE 1/4 of the NW 1/4 of Section 9, Township 13 South, Range 6, East of the Fifth Principal Meridian. This document can help homeowners settle property disputes and close property sales. Your property description may also say a block and a lot number, which refers to a specific developed area of town, city, or housing project. 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. Our online deed preparation service can create a deed in minutes. The point of commencement helps direct the surveyor to the point of beginning where the property actually begins. Metes and bounds measurements are created by taking a point and measuring how long the distance is in any given direction. How to Write a Legal Description of Property The lot and block system is most often associated with a planned subdivision. Mistakes in legal descriptions impact taxation, appraisals, and loan In other states, there is a Notice of Commencement required on every project. copyright 2003-2023 Study.com. Water & Littoral Rights Concept & Purpose | What are Water Rights? This type of description will often contain individual lots, block locations, place of official recording, and reference to cited plat map. The most common methods used to create legal descriptions are rectangular survey, metes and bounds, and the lot and block systems. binding summary of a property survey. From there you can find your lot and block relating to your property. What are the Certified Payroll Requirements for Federal Construction Jobs? A legal description for a condo identifies the unit, and sets blocks. What Is A Legal Description Of Property? - Legal Inquirer What is a Legal Description of Real Estate? And thats not all, gathering all the information required for preliminary notices and mechanics liens is particularly difficult. Published Oct 02, 2014 | 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. See why a real estate legal description is important. If this is incorrect, then you dont legally own what you think you do. How to get it: Property Legal Description & Vesting Report is offered in all plans. All rights reserved. What is the Difference Between Phishing and Pharming? Also, please click to view our related article: What Makes a Real Estate Description Legal? The following is an example of a lot and block legal description: Click here for an example of a lot and block legal description in an actual deed. It is proof to lenders that the property is just as its shown deeds and important rules for using them here. A proper legal description serves as the foundation for transferring real estate and is required in deeds, mortgages, and other legal documents. With a proper dispute resolution clause in place, contractors, subs, and suppliers can avoid taking their disputes into litigation. materially alter the property or its value.The scrivenersaffidavitalso has to meet all applicable rules set by the county and state, but it is }. The deed should never describe the property conveyed using only the property address or the property tax identification numbers used by the tax assessors office. PDF LEGAL DESCRIPTION GUIDELINES - AustinTexas.gov If youre attempting to describe your land in terms of section, then you could do so by taking the section number (say Section #20) and adding it to the beginning of the township as Section 20, Township 2 South, Range 2 East (S20, T2S-R2E). incorporated by reference on the face of the deed. 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. Complete the interview at no charge. His practice focuses on meeting the needs of real estate owners and investors. Lenders require title insurance because it protects their interest in the property. Even the legal descriptions included in local tax records may be abbreviated and inadequate to legally describe the property. that is, the last deed used to transfer the property. What Do I Do If I Miss a Preliminary Notice Deadline? Land can also be further divided past 640 acres. Need to correct a deed? Real Estate Legal Descriptions and Surveys Work Together (Aug. The Public Land Survey System (PLSS) is used in legal descriptions. Sometimes it appears on an attached exhibit, Different Types of Estates in Real Estate, Legal Description of Property: Definition, Importance & Example, Rectangular Survey System: Definition & Uses, Livable, Rentable & Usable Area: Definition & Examples, Measuring the Area of a Rectangle: Formula & Examples, Fair Housing & Consumer Protection Laws in Real Estate, Property Condition Disclosure Statements in Real Estate, Real Estate Closing & Settlement Procedures, Real Estate Taxes, Warranties & Insurance, Real Estate Ethics & Professional Responsibility, High School Business for Teachers: Help & Review, Economics 101: Principles of Microeconomics, Principles of Marketing: Certificate Program, Principles of Management: Certificate Program, Introduction to Management: Help and Review, Quantitative Analysis for Teachers: Professional Development, Marketing for Teachers: Professional Development, Management for Teachers: Professional Development, Human Resource Management for Teachers: Professional Development, What are CRM Systems? Sample Legal Property Descriptions Sample 1: . Sometimes landowners will confuse the legal descriptions with other descriptions of the property, like their street address or the description shown in the property tax records. Home What is a Legal Description of Real Estate? Sometimes, in the rush to get a transaction done, a mistake A township is a 36-square-mile area further divided up into 36 separate one-square-mile sections. Its a hard rule that deeds have to include the propertys 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. Legend for property description examples: Location name - LN. Legal descriptions of real estate must always identify the county and state the property is located in. 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. A legal description is used to describe the location of land in legal documents (for example, the deed to your land).
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