(Last updated February 2024)

When it comes to real estate transactions, one term that often comes up is “legal description of property”. Whether you’re buying a real estate property, transferring ownership, or dealing with property boundaries, understanding what a legal land description is and its importance is crucial. In this blog post, we will explore the concept of a legal description and its significance in real estate.

Why Legal Descriptions are Important

Accurate legal descriptions are essential for a variety of reasons. Firstly, they provide clarity and certainty about the boundaries of a property, preventing any confusion or disputes over ownership or usage rights. Secondly, legal descriptions are crucial for the recording of deeds and other legal documents, ensuring that the correct property is identified and transferred. Legal descriptions are used in property surveys, zoning regulations, and tax assessments.

Additionally, legal descriptions serve as the basis for:

• Creating maps
• Creating deeds
• Creating other legal documents related to land ownership

Without precise legal descriptions, confusion and ambiguity may arise, leading to costly litigation and uncertainty regarding property rights. Thus, an accurate property description is essential for maintaining order and facilitating smooth land transactions within the legal framework.

Legal Description of Property

In simple terms, a legal description is a detailed and precise way of identifying a specific piece of property. It is a written representation that uniquely identifies a parcel of land, distinguishing it from all other properties. Legal descriptions are typically used in legal documents, such as deeds, contracts, and land records, to provide an accurate and unambiguous reference to a property’s location and boundaries.

An exact legal description provides specific information about the boundaries, dimensions, and location of the land in a format that is legally recognized and sufficient for recording deeds and other legal documents. Legal descriptions often include details such as metes and bounds (a surveying method using distances and angles), reference to landmarks, lot numbers, subdivision names, and other pertinent information to accurately define the property’s boundaries. This property description serves as an official and legally binding way to identify the property and distinguish it from others.

3 Types of Land Descriptions

A legal property description can take several forms, depending on the jurisdiction and the level of accuracy required. The most common types of legal descriptions include metes and bounds, lot and block, and government rectangular survey system.

Metes and Bounds

Metes and bounds is the oldest and most flexible method of legal description. It relies on physical landmarks, such as natural features (rivers, trees, etc.) or artificial monuments (stakes, markers, etc.), to define a property’s boundaries. The description starts at a designated point of beginning (POB) and follows a series of compass directions and distances, forming a closed loop that outlines the property.

Lot and Block

Lot and block, also known as recorded plat or subdivision, is a system commonly used in urban areas where land is divided into individual lots. In this method, the property is described by referring to a recorded plat map that shows the layout of the subdivision. Each lot is assigned a unique number or letter, making it easier to identify and locate the property.

Rectangular System

The government rectangular survey system, also known as the Public Land Survey System (PLSS), is a method used to describe land in many parts of the United States. Under this system, land is divided into a grid-like pattern of townships, ranges, and sections. Each township is further divided into 36 sections, each covering approximately one square mile. A legal description using the PLSS would typically include the township, range, section, and often a fractional description to indicate a smaller portion of a section.

When dealing with a legal description, it is important to understand that minor errors or discrepancies can have significant consequences. Even a small mistake in the legal description can lead to problems in the future, including property boundary disputes or difficulties in selling the property. Therefore, it is advisable to consult a qualified surveyor or attorney when dealing with legal descriptions to ensure accuracy and avoid any potential issues.

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Add Legal Description to a Property Deed

When it comes to real estate transactions, ensuring accuracy and clarity in legal documents like deeds is paramount. Adding a complete legal description to a deed is a crucial step in this process, as it provides a detailed and precise identification of the property being conveyed.

As mentioned above, a legal description typically includes specific details such as the property’s boundaries, dimensions, and any identifiable landmarks. This legal document serves as a definitive reference point for the property’s location and boundaries, leaving no room for ambiguity or misunderstanding of land use.

There are several commonly used methods for creating legal descriptions, including metes and bounds, lot and block, and government rectangular survey systems. Each method has its own set of guidelines and requirements, but they all aim to accurately define the property in question.

Incorporating a legal description into a deed not only fulfills legal requirements but also helps protect the interests of both the buyer and the seller. By clearly delineating the boundaries and characteristics of the property, potential disputes or misunderstandings can be avoided down the line.

Additionally, having a precise legal description is essential for various legal and administrative purposes, such as obtaining permits, conducting surveys, and resolving property disputes.

Adding a legal description to a deed is a critical step in the real estate transaction process. It provides a comprehensive and accurate depiction of the property being conveyed, ensuring clarity and certainty for all

Land Description Search

A legal description is a detailed and precise way of identifying a specific piece of property. It is a crucial component of real estate transactions, providing clarity, certainty, and accuracy regarding a property’s boundaries. Whether you are buying, selling, or transferring ownership, understanding the legal description is essential to ensure a smooth and legally sound transaction.

When searching for property, utilizing a legal description is imperative for precision and accuracy. A legal description provides a detailed account of a property’s boundaries, enabling individuals to identify and locate the exact piece of land in question. This description typically includes information such as the property’s lot number, block number, subdivision name, metes and bounds, and/or GPS coordinates.

By relying on a legal description, individuals can avoid confusion or ambiguity that might arise from using more general descriptors like street addresses or parcel numbers, which can be imprecise or subject to change. Legal descriptions are especially crucial in situations where multiple properties may share similar addresses or when properties are being divided or combined.

Moreover, legal descriptions serve as a foundation for legal documents, such as deeds, contracts, and land surveys, ensuring clarity and consistency in property transactions. They are also essential for resolving disputes related to property boundaries or ownership rights.

In essence, utilizing a legal description when searching for property provides a reliable framework for accurately identifying, delineating, and documenting real estate assets, facilitating smooth and transparent transactions while minimizing the risk of confusion or legal complications.

Questions? Contact Dr. Nettleman or click below for an informational video about legal land descriptions.

Legal Descriptions Video