Legal descriptions are essential to the process of buying land, and so it is just as important to know how to read the legal description of a property. Fracture sections of more or less than 1 square mile also occur for reasons other than the fact that the meridians are not exactly parallel, which often happens because the rectangular survey was carried out by separate teams working independently, resulting in deviations of less than 6 miles between the different areas studied. Fracture sections can also be caused by physical difficulties in surveying the land, for example, because part of it was submerged in water, or because a municipal boundary was bordered by a state demarcation line. Areas smaller than the 160-acre quarter-section are called government lands. There are two main types of legal descriptions: lot and block descriptions, which are most often associated with subdivisions; and descriptions of Metes and Bounds used for unloted properties. Some legal descriptions include both lot and block descriptions and Metes and Bounds. The third way to define the property is the welding and blocking system. This is the newest and simplest method. However, it can only be used on partition plots – in other words, on plots that have been surveyed and divided into smaller plots for sale.
This is called a subdivision bridge. The definition always refers to the batch number and the block on which that lot is located. It then ends with the name of the subdivision, county, and state. A legal description of the sample property written using the Lots and Blocks method is as follows: „Lot 22, Block 7, of North Lakes subdivision #3, depending on the map or dish there, recorded in Plat Book 54, Page 8, or the Miami-Dade County Public Records, Florida.“ However, keep in mind 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. If the property is not subject to a subdivision platform, and especially if it is irregular, you will see more complex descriptions that allow a surveyor to measure and mark the boundaries of the property. Knowing how to read the legal description of a property is a skill that many landowners and property buyers neglect. This makes the boundaries of the plot more clearly defined and it is ideal for undeveloped land in rural areas. Make sure you have title insurance.
Lenders need title insurance because it protects their interests in the property. However, before proceeding with a sale, you should make sure that you and your real estate agent have verified the age of the legal description. For property tax record keeping, the local tax appraiser`s office usually attaches an identification number to each package. This can be indicated by different names, such as „Tax Identification Number“, „Parcel Number“ or „Folio Number“. Metes-and-Bounds descriptions were used in the original 13 settlements before the development of the rectangular survey system. A Metes-and-Bounds description uses lengths and angles of boundaries that begin at the starting point (POB). A mete is a dividing line and the boundaries are the area surrounded by the metes – hence its name. Starting with the POB, it describes the length of each boundary and the angle it forms with the previous boundary.
This continues to the end point (POE), which is the same as the start point, because all properties must have closed boundaries. A legal description is a description of a property that is sufficient to identify it for legal purposes. When creating an act, it is important to use the correct legal description. In most situations, it is best to use the legal description of the last deed to the property. Metes: the dividing line of the property determined by measuring the distance between two points; Can also determine the direction of the plot The place of the beginning helps to guide the surveyor to the starting point where the property actually begins. When creating a legal description, it is important to use the exact legal description that appears on the last deed of ownership. This requires the creator to pay special attention. It is recommended to reread the legal description several times to ensure that each letter and punctuation element is displayed exactly as in the previous document. Ultimately, you own what is in the legal description of your act. Of course, for a description of the Metes and Boundaries to be legally sufficient, the location of the POB must be indicated and is usually indicated by a monument (also known as a landmark), which can be a large artificial or natural object or other stable structure, including rocks, trees, streams, railways, roads and intersections recorded by surveyors, to locate the property. Today, many monuments are iron pencils or concrete poles installed by surveyors or by the U.S.
Corp of Engineers. The actual location of the monuments is more important than the lengths and angles indicated in the legal description, since the measured lengths and angles only make sense in relation to the monuments, and in addition, the marking of the beginning and end with a monument ensures that the area will be closed. The inclusion of an accurate legal description of ownership is essential when real estate is transferred or pledged. Fortunately, title insurance can help you and your property rights against confusion, falsification or unclear registered documents. The surveyor must find three of the certified corners of the section – which are one kilometre apart – and get there with his equipment according to the instructions in the legal description. The other less common use of a legal description of a property is when disputes arise between neighbors over the boundaries of a property. An impartial evaluator will review the legal description and help resolve these disputes. This will confirm who owns the land area and describe where the two boundaries of the property begin and end. If one of the parties chooses to do so, the legal description of the property may be challenged. In some cases, an appraiser will redefine the boundaries of the property so that both parties can agree.
It is common for a party to receive financial compensation to reach an agreement on the owner of the land. A legal description is one that is legally sufficient to transfer ownership. Using the last 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 enough to be considered an appropriate legal description: Here`s an example of what a legal description of a property can look like if you`re looking for your own. The description of Metes and Bounds has a starting point and a starting point. This type of description often includes individual lots, block locations, the location of the official inclusion, and references to the map of the cited platform. A legal description is a description of real estate through a government survey, a Metes and Bounds survey, or lot numbers from a registered platform. Although monuments are often used as reference points for a date, their position can easily be changed either by the power of nature or by vandalism. Therefore, surveyors typically use landmarks, which are permanent reference points of brass markings fixed in solid concrete or an asphalt base and are mainly used to mark a reference.
