Legal Description

Legal Description Real Estate Government Rectangular Survey Metes and Bounds Recorded Plat
A legal description is a detailed way of describing a piece of real estate that is accepted legally and used for property-specific documentation. It identifies the property through various surveying methods such as government rectangular survey, metes and bounds, or recorded plat (lot and block number).
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A legal description is a legally acceptable way of identifying a parcel of land. It is a precise, unambiguous way to delineate a particular property for purposes such as property transactions, land ownership, and real estate development. Legal descriptions are critical in both public and private sectors for accurately conveying property boundaries and ensuring clear property titles.

  1. Government Rectangular Survey: Also known as the Public Land Survey System (PLSS), it divides land into a series of rectangles. This system uses a grid consisting of principal meridians and base lines to provide exact locations.

  2. Metes and Bounds: This method uses physical features of the property, along with directions and distances, to describe its boundaries. Metes refer to the distance between two points, while bounds refer to the directions or angles between points.

  3. Recorded Plat (Lot and Block Number): This method involves a map, known as a plat, that is recorded in the public records. In this system, land is subdivided into lots and blocks, and each parcel is identified by a lot number and a block number.

Examples

Example 1: Government Rectangular Survey

NW 1/4, Section 4, Township 2 North, Range 3 West, Principal Meridian

This indicates a parcel in the northwest quarter of Section 4, Township 2 North, Range 3 West, governed by a specific principal meridian.

Example 2: Metes and Bounds

Starting at a pin in the road, 100 feet northeast to a large oak tree; thence 200 feet southeast to a barn; thence west 150 feet back to the starting pin.

This indicates property boundaries based on specific physical markers and measured directions.

Example 3: Recorded Plat

Lot 5, Block 2, Sunflower Estates, according to the map or plat thereof, recorded in Plat Book 5, Page 26, of the Public Records of XYZ County.

This references a property within a specific subdivision as recorded in public records.

FAQs

Q1: Why is a legal description essential in real estate transactions?
A1: Legal descriptions provide an exact delineation of a property, ensuring clarity and accuracy in legal documents, reducing disputes and confusion over property boundaries.

Q2: Can a street address serve as a legal description?
A2: No, a street address is not legally sufficient for a property description. Street addresses can change, whereas a legal description remains constant.

Q3: Who prepares legal descriptions?
A3: Legal descriptions are typically prepared by licensed surveyors, often in coordination with public records and legal professionals.

Q4: How do legal descriptions ensure accuracy?
A4: Legal descriptions use precise measurements and universally accepted survey methods to avoid ambiguity and misinterpretation.

Q5: Can legal descriptions be altered?
A5: Typically, legal descriptions remain unchanged unless a property is subdivided or consolidated, in which case a new survey is performed, and a new legal description is recorded.

  • Easement: A non-owner’s legal right to use a part of another’s property for a specific purpose.
  • Parcel: A defined piece of land, often referred to in legal descriptions.
  • Deed: A legal document that conveys ownership of property from one party to another.
  • Title: The legal evidence of a person’s right to property.

Online References

Suggested Books for Further Studies

  • “Brown’s Boundary Control and Legal Principles” by Walter G. Robillard and Donald A. Wilson
  • “Legal Aspects of Surveying” by CALEB ANDREWS
  • “Principles and Procedures of Real Estate and Property Law” by Sheldon Dartt
### How is property typically identified in a legal description? - [ ] By its street address. - [x] By detailed survey methods like metes and bounds. - [ ] Through local zoning codes. - [ ] By community name. > **Explanation:** Legal descriptions are more precise and use specific details from surveys to delineate property boundaries, unlike street addresses or zonal information. ### What are "metes" in metes and bounds descriptions? - [x] The lengths or distances between two points. - [ ] The angles between two points. - [ ] The physical features of the land. - [ ] The ownership records. > **Explanation:** "Metes" refer to the specific measurements (distances) used to describe the boundaries of a property. ### Which system of legal description is commonly used in the United States to reference large areas of land? - [ ] Metes and bounds. - [ ] Recorded Plat. - [x] Government Rectangular Survey. - [ ] Property Zoning Maps. > **Explanation:** The Government Rectangular Survey system, also known as PLSS, is widely used in the U.S. to describe large parcels of land using a grid system. ### What is critical to creating reliable legal descriptions for land? - [ ] The validity of the notary signature. - [ ] Precision in measurements and clear reference points. - [ ] The type of soil on the land. - [ ] Presence of water bodies. > **Explanation:** Precise measurements and clear reference points ensure that the legal description is accurate and unambiguous. ### When describing property using a recorded plat, what documentation is essential? - [x] The lot and block numbers as recorded in public records. - [ ] The owner's previous address. - [ ] The surveyor's personal notes. - [ ] The nearby street names. > **Explanation:** Lot and block numbers in the recorded plat provide unique and specific identification of parcels as maintained in public records. ### How does an easement affect a legal description? - [ ] It changes the ownership. - [x] It grants specific usage rights to non-owners. - [ ] It reduces the property tax burden. - [ ] It invalidates the legal description. > **Explanation:** An easement grants the right to use a specific part of the property for particular purposes, which must be acknowledged in legal descriptions. ### What method does the government rectilinear survey use to divide land? - [x] A grid-based system with meridians and baselines. - [ ] Circular plots around a central point. - [ ] Randomly drawn boundaries. - [ ] Straight-line divisions excluding features like rivers. > **Explanation:** It uses a grid-based survey method involving principal meridians and baselines to systematically divide large areas of land. ### What must a property have to be described using metes and bounds? - [ ] Historical significance. - [ ] Improved utility infrastructure. - [x] Specific points of reference and physical features for measurements. - [ ] Highly urbanized surroundings. > **Explanation:** Metes and bounds require clear points of reference and identifiable physical features to describe land boundaries accurately. ### The description `Lot 8, Block 2, of XYZ Subdivision` is an example of which survey method? - [ ] Government Rectangular Survey. - [ ] Metes and Bounds. - [x] Recorded Plat method. - [ ] Perimeter Survey. > **Explanation:** This is a Recorded Plat method, which uses lot and block numbers within a subdivision as delineated on a recorded map or plat. ### Which body is generally responsible for maintaining the public records of legal descriptions? - [ ] National Park Service. - [ ] Federal Reserve. - [ ] Local Real Estate Agencies. - [x] County Recorder's Office or similar local government agency. > **Explanation:** The County Recorder’s Office or an equivalent local government agency typically maintains these records to ensure public access to accurate property descriptions.

Thank you for delving into the detailed world of legal descriptions in real estate. Your understanding of these essentials will significantly aid in navigating property transactions and legalities accurately.

Wednesday, August 7, 2024
Legal Entity
Legal Capital
Boundary January 1, 1
Description January 1, 1
Lot and Block Method January 1, 1
Metes and Bounds January 1, 1
Section of Land January 1, 1

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