Accepted Method of Legal Description
In short, never replace another description with the actual legal description. When creating a legal description, it is important to use the exact legal description that appears on the last deed of ownership. This requires the creator to pay special attention. It is recommended to reread the legal description several times to ensure that each letter and punctuation element is displayed exactly as in the previous document. In the rectangular survey method, area cracks are parallel to meridians and community lines are parallel to baselines, that is, from east to west. They overlap to create 36-square-mile areas called townships If the legal description was copied and pasted from an outdated survey, it`s worth hiring a land surveyor who can update that information for you. Ultimately, you own what is in the legal description of your act. You will need the legal description for all purchase contracts, deeds and mortgages. The Public Land Survey System (PLSS) is the surveying method developed and used in the United States to place or divide real estate for sale and settlement. Also known as the Rectangular Survey System, it was created by the Land Ordinance of 1785 to survey land ceded to the United States by the Treaty of Paris in 1783 after the end of the American Revolution. Starting with the Seven Ranges in present-day Ohio, PLSS was used as the primary survey method in the United States. After the passage of the Northwest Ordinance in 1787, the Surveyor General of the Northwest Territories allocated land in the Northwest Territories. The Surveyor General later merged with the General Land Office, which later became part of the U.S.
Bureau of Land Management (BLM). Today, the BLM controls the surveying, sale and settlement of land acquired by the United States. A platform is only a legal form of property description if the developer registers it in the public folder. Usually, the Metes and Bounds method of land description is used to distinguish each individual lot. While the description of the government survey is quite simple for large plots, for small plots, the description is getting longer and longer to get the finer details. This can become unmanageable, so a different system is often used for subdivisions. When preparing a legal description, you should use the exact legal description that appeared on the last deed of ownership. Here`s an example of what a legal description of a property can look like if you`re looking for your own. If you have problems, don`t be afraid to look for an experienced eye so that you can get all the information you need from the description. 1) Provide at least two examples of legal land descriptions. Metes and Bounds is a legal real estate land system used to describe irregular parcels and plated subdivisions.
Dishes are a measure of length and limits are limits. In addition, Metes and Bounds uses the bearing system. A legal description is the geographic description of real estate that indicates its exact location, boundaries, and any easement for the purposes of a legal transaction, such as a transfer of ownership. A legal description is kept with the certificate and submitted to the District Clerk or District Tax Assessor. Typically, legal descriptions are created and prepared by a licensed appraiser to accurately identify real estate for a legal transaction, such as a transfer of ownership, dispute resolution, or credit guarantee. Legal descriptions indicate the exact location of a property, including geographic features such as waters and easements. Purchase contracts, 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 competent appraiser to delineate the exact boundaries of the property. The legal description of a property does not include the buildings on it – only the boundaries of the property.
The legal description is also an important determinant in determining the price of real estate. Although the address is necessary to find the property, it is not enough 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. Since each property is necessarily limited in area, any description of that property must necessarily form a closed area. There are two main types of legal descriptions: lot and block descriptions, which are most often associated with subdivisions; and descriptions of Metes and Bounds used for unloted properties. Some legal descriptions include both lot and block descriptions and Metes and Bounds. In addition to describing the lot lines and their angles, the survey can confirm the dimensions and location of the house, garages, sheds or other buildings on the property and their northward orientation. All easements, setbacks or assaults are described in the survey. Landscaping, including paved or grassy areas, could also be part of the description. Your deed should have an accurate legal description of your property, so if you are looking for the legal description after already owning land, then this is the best place to search.
This is the most recent surveying system developed when the areas were divided. A flat map or cadastral map delimits the lots of a subdivision and is recorded as a legal description. Lots are usually sold in one piece, and blocks have a group of adjacent parcels, with the blocks separated by roads throughout the subdivision. A legal description of the parcels of land used for land, indicating the number, parcel and block in a given subdivision. Starting with the POB, the description shows how far and in which direction to go from that point. Then it indicates how far and at what angle it should go from there to the next point, and then return to the next one until it reconnects to the place where it started. “. Measurements of each property in the United States have been taken in acres, feet, and customs and are publicly registered with the country`s titles according to that country`s specific registration system. – Franklin Institute of Philadelphia (1876). For this reason, redefining property boundaries could lead to a large amount of legal problems and confusion among landowners.
Many local zoning laws are defined in square feet/feet. Unit conversion for surveyors is not easy and complex decisions are often required (e.g., non-universal conversion factors, soft/hard conversions, rounded numbers). Use this method when the need for practical simplicity replaces the need for precision. An informal reference point is advantageous because it is easy to understand. However, before proceeding with a sale, you should make sure that you and your real estate agent have verified the age of the legal description. There are three common methods for describing real estate: Metes and Bounds, Government Survey, and Lot and Block. Here`s a more in-depth look at how they work. Metes-and-Bounds descriptions were used in the original 13 settlements before the development of the rectangular survey system. A Metes-and-Bounds description uses lengths and angles of boundaries that begin at the starting point (POB). A mete is a dividing line and the boundaries are the area surrounded by the metes – hence its 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 the same as the start point, because all properties must have closed boundaries. In any case, you`ll be happy to know how properties are described and identified so you can help your buyer or seller understand what they see when they check the Flat Card or see a legal description, and you can explain why an accurate description is so important. To see an example of how a legal description of Lot and Block appears on an actual deed, read Sample Deed – Lot and Block. In addition, if the Commission considers it necessary to investigate or investigate a broker`s escrow account, it shall be fully empowered to conclude or enter into a contract to assist it in carrying out that audit.