At a very basic level, a legal description involves a lot, block, and subdivision name to define ownership. The legal description indicates the location of the property in question within its respective municipality, range and section, which may also include degree and distance. It is also important to register an act correctly as problems can arise if these registers are incomplete, incorrect or non-existent. This can become a problem if, for example, the owner dies. A legal property description is a short document of about five sentences that describes a property. It is usually accompanied by a survey sketch to visually understand the boundaries of the property. It is important in real estate transactions because it acts as a unique identifier so that everyone knows the specifics of the property being sold. They are always written by lawyers, but how a real estate law description is written depends on the type of property and its location. Nevertheless, all legal descriptions of real estate may contain information on the following: Correction documents are processed by submitting completed forms and filed in public registers. Each state has a set of legal rules for certificates of correction. In some states — Pennsylvania, for example — each county in the state publishes a unique set of rules. Whenever an interest in immovable property is transferred from one party to another, the description of the right of ownership accurately represents ownership.

This is proof to lenders that the property is exactly as it is stated on the deed to be appraised accordingly. And it allows a future surveyor to accurately track the angles, corners and boundaries of a property. Mariia Synytska is Head of Content at Lawrina, a legal portal that projects innovations in law. Mariia manages website content, conducts interviews with lawyers and legal experts, and researches topics of interest to Lawrina`s audience. If you want to be a blogger for Lawrina, you can email Mariia m.synytska@lawrina.com for all the details. Alternatively, you may be able to search the local tax inspector`s online records and review tax returns with the legal description. However, not all tax inspectors capture the full legal description on invoices, so relying on it for a transaction is not the best option. The above information is intended to help you understand legal property descriptions. However, when buying or selling real estate, it is usually not necessary to fully understand the details of property descriptions. It is important that the deed, mortgage or other property document contains an accurate description of the property.

A legal description is the written way of defining the location of the property, the boundaries and any existing easements on the property. The legal description is usually provided in a deed, mortgage, title bond, or other purchase document. It may also be obtained from a county clerk, tax inspector or similar official. The description reflects the rudimentary tools used to study the country at the time. You will often see traces of trees, rocks, bridges, rivers and other bodies of water. For an example of how a legal description of a lot and block appears on an actual deed, see Example of an act – Lot and block. To transfer ownership of immovable property, the deed must contain a clear legal description of the property that identifies it. In order to have a valid mortgage on a property, the mortgage must also contain this legal description.

Edward A. Haman is a freelance writer who is the author of numerous legal self-help books. He practiced law in Hawa. Read more Plate-shaped legal descriptions are much more reliable than other types and should rarely require further investigation. In real estate transactions, the terms „deed” and „title” are often used interchangeably to refer to the legal ownership of a property. Although both terms refer to the transfer of ownership, they mean two different things: while a deed is the actual physical document showing ownership, title refers to the legal rights to the property as documented in the deed. All deeds in the chain of ownership of the property must have an identical legal description. It is usually found on the document after a sentence similar to: „the defined parcel or parcel of land described as follows”. You can get your legal description from your county office of the Registrar of Deeds.

If you can`t find your legal description (usually in your deed, mortgage, covenant of title, or other purchase document), click on your country link below for instructions. The type of legal description you will find on a real estate document depends on factors such as the method of measurement, location, and type of property. Each community is divided into 36 numbered sections measuring one mile on each side. Therefore, you may see an object description that contains a reference to the municipality and section, for example: The legal description ensures accuracy and consistency over time, avoids boundary conflicts and chain of ownership issues, and facilitates the transfer of ownership. Title insurance wouldn`t make sense if you didn`t know what assets it insured. The legal description specifies exactly which property will be transferred to a new owner. If a boundary dispute arises, the court will refer to the legal description to determine whether there is interference or easement. For example, properties in developments have book and page numbers that indicate the location of their platforms.

The legal description may indicate the size, lot(s), block in which the lot is located, county, state and subdivision, and initial allocation. It may include a reference to a more complete description in Metes and Boundaries. Sometimes you can find your own corner marks in the ground, but that`s more on a plot with an area and description of meters and boundaries than with a lot and block. A legal description is an accurate, legally significant and binding summary of a property survey. You will find it on the existing deed, i.e. the last deed used to transfer the property. The legal description may have a margin, or it may be indented to make it easy to recognize. Sometimes it appears on an attachment taken by reference to the front of the document. The description of a mortgage contract or title insurance obligation must match the legal description on the deed. There are different types of legal descriptions (see below), but these distinctions are often not relevant to the document preparation process. Knowing the different types of legal descriptions is not as important as knowing where to find the legal description of the specific asset being transferred. A legal description is one that is legally sufficient to describe the property.

Using the most recent deed for the property is usually the best way to ensure that the interest of the current owner passes to the new owner. Below is a list of other types of descriptions that are often not sufficient to be considered an adequate legal description: Anyone who has transferred ownership of real estate to another party must have prepared a deed and other land documents for the sale to be complete. In this article, we will look at what a real estate description is, when and why it is necessary, and what are the three types of legal descriptions you may encounter. An error in the description of real estate on (or attached) to a deed is a big problem. This means that the law itself is flawed. This creates a cloud over the cover of the house. Because accuracy is so important, re-read the legal description you provide for an act. Verify that the digits and all decimal places are present. Read and follow the line in a Metes and Bounds description. Does the description make geographical sense? Are the measures getting where they started? A title deed serves as a public record of who owns a house or land, so it is a key document when it comes to legal issues involving ownership. For example, if a property dispute arises, you may be able to resolve it by simply confirming the name on the deed. What is the real estate description that is written on a deed? A real estate description for a certificate doesn`t consist of glowing words in a real estate marketer`s flyer – as great as that would be! It`s not just a mailing address or tax description copied from the home country website.

None of them makes an act legally capable of transferring property from one person to another. When you start describing a legal description, always start with the starting point. Another common acronym is PIQ („property in question”). Any property you talk about or instruct becomes the property in question. If you want to check the legal description of a property you own or want to buy, but you don`t have the deed at hand, you can search the public record. A copy of the deed and other real estate documents known as registration instruments are kept in the registrar`s office where the property is located. A title deed or house deed is a legal document that indicates or transfers ownership of a property, such as a house or land. The deed documents ownership of the property and identifies the settlor (seller) and beneficiary (buyer) of the property. The settlor or both parties must sign this document for ownership to legally change hands in a real estate transaction.