Have you ever been left baffled when asked for the legal description of your property? You are not by yourself! An essential aspect of sales contracts, deeds, and mortgages, a “legal” description of property specifies the specific specifications of a piece of real estate. For property to be transferred, evaluated, and taxed, these legal descriptions serve to identify it. These factors make it crucial for property owners or potential purchasers to understand where to locate the property’s legal description.
So, how can you locate your property’s legal description? We will simplify everything for you in this tutorial and point you in the right direction.
1. What is a Legal Description?
A legal description is a clear-cut location and analysis of real property. While a location is often used to establish a property, legal descriptions are more accurate when appointing titles. Unlike an address, a legal description is a unique identifier. It’s especially important when acquiring vacant lots without an address.
Using the information provided by the legal description, a surveyor should be able to locate and measure the land’s borders.
The legal description is referenced during the title search to ensure no encumbrances are on the property before completing the transaction and issuing a title insurance policy.
2. Why You Need the Legal Description of Your Property
You may wonder, “Why bother with this confusing legal jargon when I have an address?” Well, your street address can change, but your legal description does not. It’s the gold standard for identifying land ownership. Here’s why it matters:
- Real Estate Transactions: It’s required for selling or transferring property.
- Mortgages and refinancing: Banks need it to secure loans.
- Property Disputes: If there’s ever a question about your property line, this description is the final word.
- Building Permits: Local governments often need it before issuing permits.
In short, if you own property, you need to know its legal description!
3. Legal Description Types
There is no one-size-fits-all description in law. One of the following systems may be used to characterize your property, depending on where you reside and how your land was first surveyed:
Lot and Block System
This is the elemental and most common approach in the capital and the suburbs. Furnishings are identified by a lot number within a documented subdivision plat. For example, “Lot 12, Block 5, Maple Grove Subdivision.”
Metes and Bounds System
Often used in agrarian areas, this method details the property borderline using physical landmarks, directions, and distances. For example, “Beginning at a stone marker on the south side of Oak Road, then running east 200 feet…”
Government Survey System (Rectangular Survey System)
This system divides land into townships and categories. It’s used mainly in the Midwest and Western United States. For example, “The Southeast Quarter of Section 10, County 3 North, Range 4 East.”
Each system has its aberration, but they all serve the same purpose: clearly defining acreage.
4. How to Get the Legal Description Online
In today’s digital world, you don’t always have to leave your house to find your property’s legal description. Many counties and municipalities have embraced technology, offering easy-to-use online resources for property owners. Here’s how you can locate it online:
County Website Search Tools
Abounding communities have official websites that offer online connections to property records. You’ll commonly find a section titled “Property Records,” “Land Records,” or “Deed Search.” Here’s a simple step-by-step process to follow:
- Go to your county recorder’s or assessor’s website.
- Look for a search tool—commonly labeled as “Property Search” or “Parcel Search.”
- Enter identifying information like your parcel number, property address, or owner name.
- Browse the search results until you find your property record.
- Open the property report or deed, which typically contains the legal description.
If you’re unsure which office to search through, start with the county recorder’s office. Some websites even allow you to download or print the legal description at no cost.
GIS Mapping Systems
Geographic Information System (GIS) mapping tools are also available in several counties. These are interactive maps that provide property information, parcel boundaries, and occasionally legal descriptions.
- Enter your address or parcel number into the map search.
- Click on your parcel to open detailed property information.
- Look for a section that includes “Legal Description.”
These maps frequently show your property lines, which facilitates comprehension of the legal description.
5. Updating Your Property’s Legal Description
Updating your property’s legal description is an important step when modifications occur, such as subdividing land, connecting parcels, or correcting errors in actual records. A clear and accurate legal description ensures that property boundaries are properly recorded and helps avoid disputes.
It commonly involves working with an accredited surveyor and recording the corrected description with the applicable local government office. Observing this information currently protects property rights and cuts down on future business.
6. How to Read and Interpret Your Property’s Legal Description
It can be similar to deciphering a secret language to read a legal description. But it is not that bad once you know the structure. This is a brief tutorial that will help you understand typical terms and phrases you may encounter:
Breaking Down Common Terms
- Point of Beginning (POB): The starting reference point for a metrics and bounds description.
- Metes: Refers to the distance (in feet, chains, etc.) and direction between points.
- Bounds: refers to the physical boundaries (like roads, rivers, or neighboring properties).
- Bearing: The compass direction from one point to another.
- Lot and Block: Indicates the lot number and block from a subdivision map.
- Section, Township, Range: Used in the government survey system to pinpoint location.
Example of a Metes and Bounds Description
antecedent at the northeast intersection of Section 3; then south 00 degrees 15 minutes west along the east branch line, a distance of 400 feet to the point of introduction;
then south 89 degrees, 45 minutes west, 200 feet At first glance, this suggests complicated, but with practice, you’ll see it’s just a detailed set of directions outlining your property’s borderline.
7. Contacting a Title Company for Assistance
If you promote having specialists do the airing, a title company can be your best friend. They’re advisors in analyzing property history and legal characterization. Here’s why you might reach out to them:
How They Can Help
- Property history writing: Title companies can contribute reports that include your property’s legal confession and any encumbrances, such as liens or easements.
- Title allowance: conceding that you’re refinancing or auctioning your property, they’ll verify the legal description as part of the title insurance.
- Professional Research: They have direct access to databases and county records that may not be available to the general public.
At the same time, you may pay a fee for their convocation, title companies offer peace of mind, exclusively if you need the definition for a significant legal or financial agreement.
8. Hiring a Land Surveyor for an Accurate Legal Description
Consistently, the current legal description isn’t abundant, especially if you’re dealing with borderline disputes, subdividing land, or planning new manufacturing. That’s where a licensed land surveyor appears.
When and Why You Might Need One
- Boundary Disputes: If you and your neighbor disagree over where one property ends and another begins, a surveyor can settle the issue.
- Construction Projects: You need to know the exact location of your property lines before building a fence, garage, or addition.
- Subdividing Property: If you’re splitting a lot into multiple parcels, a new survey and legal description will be required.
- Old or Inaccurate Records: If the existing description is unclear, outdated, or conflicts with other records, a surveyor provides a fresh and accurate description.
After completing the survey, they’ll produce a survey map and an updated legal characterization, which you can use to modernize your deed or estate journal.
9. Common Mistakes to Avoid
It is simple to make mistakes while working with property legal descriptions, particularly if you are unfamiliar with the technical language. It is crucial to exercise caution because minor mistakes might result in major issues. These are a few of the most typical errors people make, along with tips on how to prevent them.
Misreading Legal Terms
Legal descriptions often use highly industrial expressions. If you misunderstand terms like “metes,” “bounds,” or “manner,” you could miscalculate the boundaries of your property. This can lead to disputes or costly legal issues. For example, baffling a “point of inception” with a boundary line can result in erroneous assumptions about your property barrier.
Using the Property Address Instead of the Legal Description
Many people think their street address is enough for legal documents. It’s not! A property’s address can change, and it’s not a legally binding identifier. Always use the legal description when filling out deeds, mortgages, or permits.
Conditional on Outdated Information
Land boundaries can change slightly over time due to surveys, development, or land distribution. If you’re conditional on an old deed or tax testimony, you may be working with antiquated information. It’s always smart to confirm the description with a current surveyor or county recorder’s commission.
Failing to Verify with a Professional
Legal descriptions aren’t something you want to DIY. If you’re confused about your property’s boundaries or if you’re preparing for a sale, consult a title company, surveyor, or real estate attorney. Experts can see errors that you avoid. Avoiding these mistakes can save you from headaches, legal disputes, and unexpected costs.
10. The Role of a Lawyer in Property Descriptions
While you can often find a legal description on your own, some situations require the help of a real estate attorney. Lawyers are especially helpful when things get complicated.
When You Should Consult a Lawyer
- Disputes Over Boundaries: If you disagree with a neighbor about property lines, a lawyer can offer legal advice and representation.
- Correcting Errors in Legal Descriptions: If you discover an error in your deed or legal description, a lawyer can help fix the issue.
- Easements and Rights of Way: Lawyers can explain how these affect your property and how to handle them in legal documents.
- Complicated Transactions: If you’re dealing with commercial property, undeveloped land, or unique circumstances, an attorney ensures everything is legally binding.
What They Do
- Review legal descriptions and documents for accuracy.
- Draft new legal descriptions if necessary.
- File legal documents with the proper authorities.
- Represent you in court or mediation if disputes arise.
A real estate attorney ensures you’re protected, helping you navigate the often complex world of property law.
11. Understanding Easements and Encroachments in Legal
Easements and encroachments are important considerations in legal property descriptions. An easement is a legal right that allows someone to use a portion of another person’s land for a specific purpose, such as access or utilities, without owning it.
Encroachments, on the other hand, occur when a structure or improvement—like a fence or building—extends beyond its legal boundaries onto a neighboring property. Both can impact property value, usage rights, and future development, making it essential to identify and address them in property surveys and legal documents.
Conclusion
At first, finding your property’s legal description may seem like a difficult undertaking, but it does not have to be. The secret is knowing what to look for and where to seek, whether you are calling in experts, examining online databases, or going through old documents.
The legal description of your property is more than just a formality. It serves as the basis for knowing exactly what you own and safeguarding your investment. By following the steps in this guide, you’ll have a clear path to uncovering your property’s legal description and ensuring its accuracy. And if things get tricky, remember that title companies, surveyors, and real estate attorneys are there to help.