Legal descriptions are crucial for identifying properties accurately in real estate transactions, surveys, and legal matters.
What is a Legal Description?
A legal description is a precise, legally acceptable method of identifying a specific piece of real estate. These descriptions typically detail the exact boundaries and location of a property, ensuring clarity in real estate transactions, assessments, and legal proceedings.
Types of Legal Descriptions
Government Rectangular Survey
Also known as the Public Land Survey System (PLSS), the government rectangular survey divides land into a grid of square townships and sections. This system is predominantly used in the U.S. western states.
- Township: A square area measuring approximately 36 square miles.
- Section: Each township is divided into 36 sections, each roughly one square mile or 640 acres.
Example:
1NW 1/4, NE 1/4, Section 20, Township 7 South, Range 2 West, Sixth Principal Meridian.
Metes and Bounds
The metes and bounds system describes a property by its boundaries. This system uses natural landmarks, distances, and directions. It begins at a defined point of beginning (POB) and traces the property’s perimeter.
Example:
1Beginning at the oak tree at the northern corner of John Smith’s property; thence south 30 degrees east 500 feet to the stone wall; thence north 60 degrees east 200 feet to the creek; thence following the creek to the point of beginning.
Recorded Plat (Lot and Block Number)
A recorded plat system, often used for subdivisions, maps out lots and blocks within a larger parcel of land. Each individual lot and block are assigned unique numbers, referenced in public records.
Example:
1Lot 4, Block 3, Greenfield Subdivision, as per map recorded in Book 7, Page 56, of Plats, in the Office of the Recorder of Deeds, County of Hometown.
Special Considerations in Legal Descriptions
- Accuracy: Precision in measurements and descriptions is vital to avoid disputes.
- Updates: Legal descriptions must be updated following property subdivisions or consolidations.
- Jurisdiction: Different jurisdictions may have specific requirements for legal descriptions.
Examples
- Rectangular Survey System: A large farm described as NW 1/4, Section 14, Township 5 North, Range 67 West of the 6th Principal Meridian.
- Metes and Bounds: A rural property beginning at a marked oak tree, running south 400 feet along a creek, then east to a stone marker.
- Recorded Plat: A suburban home identified as Lot 23, Block 2 in the Lakeview Addition subdivision.
Historical Context
The government rectangular survey system was developed following the Land Ordinance of 1785, which aimed to standardize land descriptions and facilitate westward expansion. Metes and bounds date back to colonial times and are still common in the original 13 colonies.
Applicability in Real Estate Transactions
Legal descriptions play a critical role in:
- Property deeds and titles: Ensuring accurate transfer of ownership.
- Tax assessments: Defining property boundaries for tax purposes.
- Land development: Facilitating subdivision and development planning.
Comparisons to Related Terms
- Survey: A survey may inform a legal description but includes more comprehensive data, like topographic details.
- Deed: A deed transfers property ownership but will include a legal description to specify the exact property exchanged.
FAQs
What happens if a legal description is incorrect?
An inaccurate legal description can lead to disputes and issues in ownership records, requiring legal resolution.
Can legal descriptions change over time?
Yes, especially following property subdivision, consolidation, or changes in the physical landscape.
How can I find the legal description of my property?
Legal descriptions can be found in property deeds, titles, and local government records, often through the county recorder or clerk’s office.
References
- Land Ordinance of 1785
- Public Land Survey System (PLSS)
- Metes and Bounds Surveying Principles
- Local county recorder’s office documentation
Summary
Legal descriptions are fundamental in accurately identifying real estate parcels. Whether through the government rectangular survey, metes and bounds, or recorded plat systems, these descriptions ensure legal clarity and precision in property transactions and management. Understanding these methods helps in comprehending property deeds, titles, and surveys, and supports effective real estate and legal processes.
