One way to find the legal description of a property is to look at the last deed of transfer. This document can be found in the county archives or retrieved via a data service such as DataTree, as explained below. Because the above discrepancies are so common, an updated survey is essential to maintain the accuracy of the owner`s legal description. That is, if a survey has been created in recent years, the securities broker could accept it with an affidavit from a seller indicating that there have been no significant changes to the property since the creation of the existing survey. 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. This method was introduced in the United States in 1785 to standardize surveying and replace the less accurate method of mestizos and milestones. As the name suggests, the system is based on a grid of uniform rectangles or squares with latitude (east and west) and longitude (north and south).

Unfortunately, this system does not work well with irregularly shaped lots, so lot and block boundaries or descriptions are often used in conjunction with the rectangular survey system. Understanding the different types of deeds can help you make good decisions when it comes to buying property or understanding the legality of inheritance. A legal description is the exact location and measure of the real estate. Although an address is often used to locate a property, legal descriptions are used when transferring titles because they are more accurate. Unlike an address, it is a unique identifier. This is especially important if you are buying undeveloped land without an address. All the legal documents you need – personalize, share, print, etc. A surveyor is not well served with a legal description that consists only of an address and account number, or that refers to missing attachments. A new legal description may be required unless the existing description allows a land surveyor to draw the boundaries of the property.

Sometimes, in the rush to make a transaction, a mistake is made. Employees of securities companies often encounter errors in legal descriptions. These issues can impede financing approvals as well as real estate sales and transfers. But with careful attention to detail, your deed will be clear and precise and will include the correct legal description of the property in question. Especially in urban areas, a legal description can be found using the lot and block method. This makes it possible to identify a particular parcel by lot number with a specific subdivision block or platform. The block, in turn, can be located by metes and borders. A rectangular survey system or legal description of the section will look like this: „In Township 2 North, Range 5 West, Boise Meridian, Owyhee County, Section 4: Southeast quarter of Northeast Quarter.” In this type of legal description, the map is divided into sections, these sections are then divided into smaller neighborhoods and even quarter-neighborhoods. Descriptions of Métis and markers were used in the original 13 settlements before the rectangular survey system was developed.

A description of bounds and boundaries uses boundary lengths and angles that begin at the starting point (POB). A mete is a dividing line and the boundaries are the area surrounded by the metes – hence the name. Starting with the POB, it describes the length of each boundary and the angle it forms with the previous boundary. This continues to the end point (POE), which is identical to the starting point, because all properties must have closed boundaries. 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. Plate-based legal descriptions are much more reliable than other species and should rarely require further investigation. Real estate investors should pay attention to the legal description of the property they wish to acquire. You can find it in the deed of ownership. While they can also find it in tax records, they may have abbreviated or inaccurate descriptions of an act.

In fact, the existing legal description is based on the original survey. And a central task of the current investigation is to verify the accuracy of the legal description of the property. In short, descriptions of real estate law and expert opinions go hand in hand. A legal description is a description of real estate that is 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. Knowing where to find a legal description and how to read it is a useful skill for anyone buying real estate, especially real estate investors. Protect your investment by requesting a new survey and, if necessary, removing a survey exception from a title policy. If you have questions or concerns about a legal description, contact your title company or real estate attorney for assistance. It will take the expertise of professionals to correct these types of errors. At Blueprint, our title experts have decades of experience correcting title errors.

Contact our team if you have any questions. 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. Here are two ways to update their legal description. Contracts of sale, deeds, mortgages, and trust deeds require a legal description of the property that is legally sufficient to be binding, meaning that the description would allow a qualified surveyor to determine the exact boundaries of the property. The legal description of a property does not include the buildings within it – only the property lines. The legal description is also an important determinant in determining the price of the property.

Although the address is necessary to locate the property, it is not sufficient to identify the property. In fact, addresses are often renamed over time and even physical boundaries can change course, like that of a local stream. Note that since a property is necessarily limited in area, any description of this property must necessarily form a closed area. However, a certificate of correction cannot change the names of the owners or change the terms and conditions. Only the legal description[9] – i.e. the physical description – can be changed in this way. Minor ambiguities can be resolved more easily with a writer`s affidavit. This document is attached to the act in order to clarify the ambiguous wording in the legal description.

It cannot be used to repair errors that would significantly alter the property or its value. The author`s affidavit must also comply with all applicable rules established by the county and state, but it is not considered an actual correction of the previous document. The other legal description system is the lot and block system (also known as the registered flat system), which refers to specific parcels identified by a lot number or letter and the block or subdivision platform in which the lot is located.