The inclusion of an accurate legal description of ownership is essential when transferring or pledging real estate. Well, there are currently about 11 states that specifically require a full legal description of ownership on a mechanic`s declaration of privilege. Failure to properly identify the property could result in costly delays and possible invalidity of the entire claim itself. But even if you don`t work in one of these states, it`s still important to know that. In the case of plated subdivisions, the description of the object is simplified. The property description used in deeds and other land deeds refers to the name of the subdivision and the lot number. For example: there are different types of legal descriptions (see below), but these distinctions are often unrelated to the document development 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. Neither the address nor the tax identification number is a sufficient description to transfer or encumber the property.
This one sounds a bit silly, but you`d be surprised how often it happens. There is a reason why we run a full service based on process support. Seemingly simple things can end up being much more difficult than expected. A “description” of the property does not mean the physical characteristics of the property. If you start something like “two-story brick house with wooden frames and a detached garage for two cars…” Write. Then you are on the wrong train of ideas. Get off and contact us. A “legal” description of ownership identifies the particular parameters of a parcel of land and is an essential part of purchase agreements, deeds and mortgages. These legal descriptions identify the property so that it can be transferred, assessed and taxed.
For these reasons, it is important that owners or potential buyers know how to find the legal description of the property. Once you have found the real estate search, simply select the criteria (owner, address, parcel number) you want to search for. Typically, you can get the most accurate results by looking up the parcel number (if applicable), as the county also uses this number to describe the property. It may sound easy, but there are two obstacles that can get you in trouble. The pilot and block method tends to be used in more densely populated areas, these are based on a “flat system”. It was at this time that urban planners divided real estate into general shapes such as rectangles to control growth and provide access to public services. The platform is the largest section of land, which is then divided into blocks, which are then divided into plots. A typical description of lots and blocks looks like this: This is a simple description of boundaries and boundaries. They can be much more complex in irregularly shaped plots.
While the public can generally identify a property by its civic address, any documentation about the property or interest in the property must generally include the legal description. The legal description is a formal and detailed description of the location of the property and can be found in the county land records. Rebecca K. McDowell is a creditor rights lawyer with a particular focus on bankruptcy. She holds a B.A. in English from Albion College and a J.D. from Wayne State University Law School. She has written legal articles for Nolo and the bankruptcy site.
The above information is intended to help you understand legal property descriptions. However, when buying or selling real estate, it is usually not necessary to fully understand the details of property descriptions. It is important that the deed, mortgage or other property document contains an accurate description of the property. The street is essentially the mailing address of the property, which includes the number and name of the house, city or village, state, and zip code. The district land register contains information about the legal description of a property. Information may be available online, or interested parties may contact the district office to request the information. The legal description can also be found on the deed of ownership. 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.
Our Levelset Scout research team is an entire department dedicated to helping clients identify missing or conflicting information about project properties and stakeholders. Scout data comes from national real estate databases, county appraiser records, internal database level sets from millions of projects, and anywhere you can find! 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. To get a legal description of the property, first contact the local county clerk or assessor`s office and ask how you can get a copy of a title deed. If you are the owner of the property and you have misplaced the deed, you can contact the real estate agent, lawyer or securities company that processed your financial statements to obtain a copy. Once you have received the title deed, look at the legal description and note if there are any inaccuracies. In addition, the legal description of a property can also appear on annual property tax returns. To learn how to legally correct an error in an act, read on! The legal description must always be present on the deed of ownership. The owner can examine the deed and find the legal description, either included in the document or attached as separate evidence.
