While the description of government surveying for large parcels is quite simple, for small parcels of land, the description becomes longer and longer to get the finer details. This can become unmanageable, so a different system is often used for subdivisions. In addition to describing the lines of the parcel and their angles, the survey can confirm the dimensions and location of the house, garages, sheds or other buildings on the parcel and their orientation to the north. Easements, setbacks or interventions are described in the survey. Landscaping, including paved or grassy areas, could also be part of the description. 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. The legal description usually includes the word condominium or condominium as well as the lot number, property number, unit number and building number. In most cases, there is no substitute for simply finding the last deed of ownership and using the legal description on that deed.
Today, the accuracy of object descriptions is greatly improved by computers, satellites, lasers and global positioning systems (GPS). The Federal Bureau of Land Management and the USDA Forest Service are developing an Integrated National Land System (NILS) that uses nationally accepted methods based on new technologies and software to record survey data and other information for land records. 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. If a property is in a subdivision, the legal description can be very simple. It usually refers to one or more lots, the block (or blocks) on which the lots are located, in the name of the subdivision, the county and the state. There are three common methods of describing real estate: boundaries and boundaries, government surveying, and lot and block. Here`s an overview of how they work. When creating a legal description, it is important to use the exact legal description that appears on the last deed of ownership.
This requires special attention from the creator. It is advisable to re-read the legal description several times to ensure that each letter and punctuation element looks exactly what it was in the previous document. 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. Properties that are in split ranges are typically described using the ____ method. This is why the use of a legal description is the most accurate way to identify real estate. A legal description can be long and complicated, but it is a more accurate way to describe where a property is. Why is this so important? You can imagine the problems of buying and selling property, building a house, and moving a family in, only to discover they were in the wrong place. Or worse, the building sprawled over two different plots of land with two different owners. This would cause headaches that could have been avoided if the correct legal descriptions had been checked. Some properties may include descriptions that include elevations. Surveys must also be used for so-called airfields or underground rights.
For example, condos on the upper or lower floors can be described in terms of a date, which is a point, line or area from which heights are measured. The United States Geological Survey (USGS) refers to a date defined as the mean sea level in New York Harbor. A legal description of the land used for the land, indicating the number, plot and block in a specific subdivision. 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: Either way, you`ll be happy to know how properties are described and identified so you can help your buyer or seller understand what they see when they look at the map or see a legal description. And you can explain why an accurate description is so important. The legal description appears in several places in real estate documents, such as purchase agreements, mortgage documents, deeds, title information, etc. It is used to track a property`s history to ensure a clear title, and lenders need it to make sure they have the right collateral for the loan. Wherever it appears, it must be carefully checked to confirm that the description is correct.
Measures are a necessary part of any legal description. The old measurements were based on chains and rods because surveyors used them to measure distances. The following list shows the relationship between common units used to measure distance and area in real estate: Some of the terminology used with the description of meters and boundaries includes monuments, landmarks and starting point (POB).