A legal description by a real estate attorney is always recommended. This way, you can ensure that your description is legal and valid in accordance with local and national laws. There are three different methods to create a legal description, including: If the legal description (and the information it is supposed to contain) is incorrectly stated on the deed, the wrong ownership will be transferred from the previous owner to the new owner. A legal description is the exact location and measure of the real estate. Although an address is often used to locate a property, legal descriptions are used when transferring titles because they are more accurate. Unlike an address, it is a unique identifier. This is especially important if you are buying undeveloped land without an address. As an owner or owner, you must provide a legal description of the property when renting or selling. This legal description protects you in the event of a dispute arising from a tenant or after the sale of a property. A legal description of real estate will identify, describe and locate properties transferred or leased to another party. Ultimately, you own what is in the legal description of your deed. The exact method of changing the legal description of a property varies depending on the type of property and where you live, but it should be a fairly simple process.
Legal descriptions change frequently, especially as more accurate GPS tools highlight errors in the original description of properties. Contact your city or county authorities to learn more about the process in your area. If you carefully read the legal description in your document and compare it with the legal description in a previous document, you can ensure that your document contains the corresponding legal description. Legal descriptions are usually created by a licensed land surveyor who is trained and licensed to locate and determine the legal description of a property. Only a licensed surveyor should create descriptions of objects, as inaccuracies can lead to title issues later on. The land surveyor prepares 2 documents: a survey containing the description of the property and a survey sketch showing the location and dimensions of the parcel. If the location, size and shape of buildings on the property are also indicated, then it is called a one-time survey. The land surveyor must find three of the certified corners of the section – which are one kilometre apart – and travel there with his equipment according to the instructions in the legal description.
If that`s wrong, then you`re not really legally the owner of what you think you`re doing. All the legal documents you need – customize, share, print and more The country description is intended to identify all the boundaries of a particular property. 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 a description of real estate that is sufficient to identify it for legal purposes. When drafting an act, it is important to use the correct legal description. In most cases, it is best to use the legal description of the last deed of ownership. Keep in mind, however, that some legal descriptions are incredibly complicated, and as mentioned above, there are different types of legal descriptions, which means it can get complicated if you don`t know exactly what you`re looking for.
Avoid using the description of property tax documents, which is often short and insufficient when it comes to legally describing the property. It uses landmarks and distances to measure the perimeter of the property described in the legal description and is based on the physical characteristics of its geography as well as directions and distances. Each community is divided into 36 numbered sections measuring one mile on each side. Therefore, you can see a property description that contains a reference to the municipality and section, for example: In addition to the legal description, you can see other identifying information on a land registry. This is usually the address and a property tax identification number. Fraction: This type of legal description describes a property by dividing it into sections. If you have an outdated survey, you may have an outdated legal description. Blocks and parcels are displayed that are different from mailing addresses and Crown property descriptions. “From a point marked by a survey marker on the south side of Jackson Road, 150 feet east of the corner formed by the intersection of the east boundary of State Highway 39 and the south boundary of Jackson Road; from the east 90 degrees 500 feet; thence south 450 feet; thence west 250 degrees 450 feet; from there directly to the point of departure; located in Section Seven in Twenty North Township, Range Eleven East, Perry Township, Delaware County, Indiana. The legal description should also give a surveyor enough information to find and measure the country`s borders. A legal description is a description of real property by a government survey, Métis and boundary survey, or by lot numbers of a registered platform. Look for languages like “legal,” “description,” or “legal description,” followed by words like lot, block, flat, section, township, range, as well as directional descriptions like north, south, east, and west, and even references to geographic markers like water bodies.
Legal descriptions are essential to the process of buying land, so it`s just as important to know how to read the legal description of a property.
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