Usage Of Legal Property Descriptions9 min read
When it comes to real estate, legal descriptions are incredibly important. They are used to identify and describe a property in a way that is clear and concise. There are a few different types of legal descriptions, but each one serves a specific purpose.
The most common type of legal description is a metes and bounds description. This type of description uses physical landmarks to identify a property. For example, a metes and bounds description might say “The property is located at the intersection of Main Street and Elm Street.” This would identify the property by its physical location.
Another type of legal description is a tract description. A tract description uses legal boundaries to identify a property. For example, a tract description might say “The property is located in the Northeast corner of section 12, township 34, range 2.” This would identify the property by its legal boundaries.
The third type of legal description is a recorded description. A recorded description is a description that is recorded in the public records. This type of description is typically used for property that has been subdivided.
It is important to understand the different types of legal descriptions, because each one will be used in different situations. For example, a metes and bounds description will be used for a property that is located on a highway, while a tract description will be used for a property that is located in a rural area.
It is also important to understand that legal descriptions can be changed. If a property owner wants to change the legal description of their property, they will need to get a legal description amendment. This amendment will change the way that the property is identified in the public records.
Legal descriptions are an important part of real estate, and it is essential to understand how they work. By understanding the different types of legal descriptions and how they are used, you will be able to identify and describe property in a clear and concise manner.
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What is the purpose of a formal legal description of a property?
When a property is sold, the seller is typically required to provide a legal description of the property. This description is used to create a record of the property’s boundaries and to help ensure that the property is transferred to the correct party.
A legal description of a property typically includes the following information:
– The name of the property owner
– The legal description of the property, including the parcel number
– The street address (if applicable)
– The acreage (if applicable)
– The dimensions of the property
A legal description is often created using specific legal terminology, which can be confusing for laypeople. For this reason, it is important to work with a real estate professional when preparing or reviewing a legal description.
What is considered a formal description of property?
There is no single answer to this question as the formal description of property can vary depending on the jurisdiction. However, in general, a formal description of property refers to a written document that outlines the specific boundaries and features of a particular piece of land or real estate.
The formal description of property is often used in legal proceedings to resolve disputes over ownership or boundaries. It can also be used to establish or prove ownership of a property.
In order to be legally binding, a formal description of property must meet certain requirements, such as being signed and notarized. It may also be necessary to have a surveyor or other professional create a map of the property that is included in the formal description.
What are the three most common types of legal descriptions?
There are three main types of legal descriptions: metes and bounds, lot and block, and statutory. Each type of description has its own unique set of characteristics.
Metes and bounds descriptions use natural features of the land to define the property boundaries. These descriptions often include words like “measuring” and “bounds” because they were originally used to measure land parcels. A metes and bounds description might look something like this: “Beginning at the northwest corner of the property, thence south on the west line thereof one hundred feet, thence east parallel with the north line thereof one hundred feet, thence north to the place of beginning.”
Lot and block descriptions are based on a grid system that divides a city or town into square or rectangular blocks. The lot number is assigned to a particular block, and the lot’s boundaries are defined by the streets that intersect it. A lot and block description might look something like this: ” Lot 5, Block A, Maple Street.”
Statutory descriptions are based on legislation that creates a legal description for a given property. This type of description is often used for parcels of land that don’t fit into a metes and bounds or lot and block description. A statutory description might look something like this: “The property located at 123 Main Street.”
Is the legal description of a property the same as a survey?
When you purchase a property, the legal description is the document that is used to define the property. The legal description is a legal term that is used to identify a particular property. It is a description of the property that is created by the government. The legal description is usually based on a survey of the property. A survey is a detailed map of the property that is created by a surveyor. The surveyor measures the size and shape of the property and creates a map of the property. The survey is used to create the legal description of the property.
The legal description of a property is not always the same as the survey. There are times when the legal description does not match the survey. This can happen for a number of reasons. One reason is that the legal description is based on the survey, but the survey is not up to date. The legal description may also be based on a different survey than the one that was done when the property was surveyed. There can also be discrepancies between the legal description and the survey if there are errors in the survey.
If there is a discrepancy between the legal description and the survey, the legal description will usually take precedence. This means that the legal description will be used to define the property, even if it is not accurate. If there is a dispute about the property, the legal description will be used to determine who owns the property. It is important to review the legal description of a property before purchasing it to make sure that it is accurate.
Why is it important for the complete legal description to be recorded with the local courts?
A complete legal description is important for a few reasons. One reason is that it can help to prevent future disputes. If there is ever a disagreement about the boundaries of a property, having a complete legal description can help to resolve the issue.
Another reason why it is important for the legal description to be recorded with the local courts is that it can help to protect the property owner’s rights. If someone tries to trespass on the property or tries to take legal action against the property owner, having a complete legal description can help to prove that the property belongs to the owner.
Finally, having a complete legal description can help to make the sale or transfer of property easier. If there is ever a dispute about the ownership of a property, the courts can look at the legal description to help resolve the issue. Having a complete legal description can also help to reduce the chances of a legal dispute arising in the first place.
What are the best sources for a property’s legal description that will be used in a contract?
When buying or selling a property, the legal description is an important document to have on hand. This document defines the property’s boundaries and can be used in a contract to ensure that both the buyer and seller are aware of what is being sold.
There are a few different sources that you can use to find a property’s legal description. The most common source is the deed, which is a document that proves ownership of a property. The deed will typically include a legal description of the property. If you’re not sure where to find the deed, your local or state government’s website should have a search function where you can input the property’s address and find the relevant documents.
Another source of a property’s legal description is the property tax assessment. This document lists the assessed value of a property and will also include a legal description. You can typically find this document on your local or state government’s website as well.
If you’re looking for a more detailed legal description than what is included in the deed or the property tax assessment, you can search for a plat map. A plat map is a map that shows the boundaries of a property and can be helpful in verifying that the legal description in the deed and the property tax assessment are accurate. You can typically find plat maps on your local or state government’s website or through a land title company.
If you’re still having trouble locating a property’s legal description, you can hire a real estate lawyer to help you. A real estate lawyer will be able to search through the relevant documents and find the legal description for you.
Knowing where to find a property’s legal description is important when buying or selling a property. By using the sources listed above, you can be sure that you have the most accurate description of the property possible.
What is an example of a legal description?
A legal description is a written description of real estate that is specific enough to allow for identification and legal action if necessary. It may include the name of the owner, the legal description of the property, the date of the deed, and the name of the city or county in which the property is located.
An example of a legal description might be: “The north one-half of the southwest quarter of the southeast quarter of Section 10, Township 34 North, Range 4 East, in the County of Elbert, State of Colorado.” This would describe a parcel of land that is located in the north one-half of the southwest quarter of the southeast quarter of Section 10 in the town of 34 North and Range 4 East in the County of Elbert, State of Colorado.