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. Based on these reference points, the land is divided into townships of 36 square miles. The townships are divided into 36 sections of one square mile each. Each section is identified by a number according to its position. The northeasternmost section is 1. The northwesternmost section is 6 and below it is number 7. The second row is numbered to the east, forming an alternate snake-shaped pattern until section 36 is reached at the southeast corner. The information provided should not be considered legal advice, and all buyers, agents and securities firms should seek legal advice from their attorneys. A legal description of real estate is a way to determine exactly where a particular property is. This is usually based on existing community grids and uses a combination of alphabetic abbreviations and numbers to locate the country. Register for our next surveying webinar to learn more! This type of survey is the easiest to understand of the three most common types of survey and is most often associated with planned subdivisions.
Lot and block are usually the simplest surveys that can be conducted. Some caveats about the expected ease of these surveys depend on the age of the property and whether the corners and other attractions are still there. Any settlement broker who is worth their money understands the importance of legal description in a real estate transaction. This is especially important in a commercial real estate business where an investor needs to know exactly what they`re getting, but a false legal description can also have disastrous consequences for a home buyer. Legal description is an equally important tool for surveyors. Monuments, also known as topographic markers or geodetic markings, are objects placed on the property to mark important survey points on the surface of the land. These objects are usually metal rods or pieces of concrete anchored to the ground. Sometimes they can make more unique items such as liquor bottles, clay pots, or piles of stones (piles). A legal description consisting only of an address and account number, or referring to missing assets, is not well served by a surveyor. A new legal description may be required unless the existing description allows a land surveyor to draw the boundaries of the property. A duly written legal description determines the district and condition of the property. It allows a surveyor to identify precise dimensions and correct historical boundaries.
The surveyor also creates a written description of the boundaries to identify land. Metes are dividing lines. The boundaries include the land within these meters. Starting with a distinctive element called the starting point, the surveyor`s description should guide the reader along distances, degrees and angles until the line returns to the same starting point. At its closure, an accurate map of the boundaries of the property is available. Thus, the legal description can identify the land, block, county and subdivision, area and initial grant. There may be references to adjacent properties that delimit boundaries. The legal description may refer to a more complete description of boundaries and boundaries in a surveyor`s attached field notes. Alternatively, the legal description may refer to a (rectangular) public inquiry. «Surveyors should never use an address for investigation because an address may be incorrect. The use of the legal description tells us exactly where the property is located by locating certain permanent reference points or monument points to find the property.
If a surveyor works based on the address, he could survey the wrong property. «These descriptions are the easiest to write, but they are the most difficult types of legal descriptions to oversee. It describes a property by decomposing a section. This method takes longer to calculate dimensions, resulting in higher costs for conducting the survey. Real estate transactions involving home sales, deeds, mortgages or trust deeds are based on a binding legal description. Mortgage companies, for example, need to make sure the property is well described and worth the money they lend to a buyer. 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. In the United States, it is an offence to intentionally destroy, remove or degrade permanent survey markers. Also ask the securities company that oversees your real estate business if a new investigation will be conducted. Not all underwriters need a survey for all transactions. As a result, an outdated survey can leave a problem with the legal description undetected. Insisting on a new survey for each real estate transaction is the best way to ensure that this type of problem is avoided. In this way, the title officer and surveyor will recognize any discrepancies in the legal description and clear the cloud on the title before closing. The legal description describes a starting point and a starting point. The starting point is intended to guide the surveyor to the starting point where the property actually begins. Before surveyors can even begin surveying the property in question, they must find the right section, community, area and monument from the starting point, and then begin their equipment, making this type of survey longer and more laborious than a lot and block.
There is no easy solution to correcting a legal description, and it takes an experienced title professional to solve the problem. Title insurance was invented to protect property rights and solve problems arising from confusing, falsified or unclear recorded documents. Lenders need this insurance to protect their interests in the property, so buyers want to do the same. Title insurance means that if you or your neighbor notices a problem with a legal description, you can file a title claim to resolve the issue. Legal descriptions are what we use to describe land so that it can be transferred from one person to another. This is the written word, while boundary surveying is the physical position of the parcel on the ground. 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.
If you look at the legal description of various properties, you may notice that there are differences and patterns in spelling. There are three main types that you will likely encounter. A land surveyor visits the site with the legal description indicating the boundaries of the property. Certified corner records are used to calculate measurements and determine lots and distances. A Master Data Set is a legal document submitted to the county by a licensed land surveyor to document corners of property. Metes is a piece of the property boundary line, which is determined by measuring the distance between two points. He can also determine the direction of the plot. A legal description, also called a property description, describes land. This description contains information that a surveyor can use to identify an area in the field. It is the written word that conveys the location of a property. Legal descriptions can be written in a variety of ways, including: Clearing houses use the legal description to determine which property should transfer title from the seller to the buyer. Some of the problems that agents might see are leaving part of the property behind or including too much property in the retransfer, as the deed and mortgage are registered with an incorrect legal description.
This could lead to incredibly expensive securities curators in the future. A local real estate attorney in your district can advise you on what your legal description and property investigation reveals, how to keep it up to date, and how to avoid risks. To avoid disputes, the best way to determine the accuracy and closure of a legal description and confirm property boundaries is to obtain a new survey prior to completion. The description gives the surveyor important instructions to follow in making this decision. This method is generally used whenever survey areas are sized and/or shaped irregularly, so that the boundaries of the property can be defined more clearly. It is ideal for undeveloped land in rural areas. Unlike a real estate address, the legal description is a completely unique identifier for real estate. To be valid, it must be closed, which means that the lines describing the beginning and end must eventually meet. It must also be clearly defined. If there are two plots with the same legal description, this is a potentially significant issue that will tarnish the owners` titles and could lead to litigation. The government or rectangular surveying system was introduced to the United States in 1785. Basically, this system breaks down counties and cities into a grid system.
It is based on north-south longitude lines, called meridians, and east-west latitude lines, called parallels. Home buyers and even homeowners may not be as familiar with this term, so here are some important things you should know about this part of real estate due diligence. The buyer may have concerns and insist on a new investigation if the seller relies on an old one. A buyer`s top concerns: Example: Lot 225, Reflection Lakes at Naples Phase 2C, a platform subdivision as recorded in Collier County Public Records Flat Book 46, page 83.