However, it can only be used on subdivision property – in other words, land that has been surveyed and split into smaller lots to be sold. This is the most recent and simplest method. The third type of definition of property is the lot and block system. However, it can sometimes become complicated, especially when the real estate property is in more than one township. When a piece of land falls only within one boundary, this is a concise method of description. These townships are then subdivided into tracts and sections. They essentially divide the land into rectangles to mark out six-mile-square areas called townships. It uses two perpendicular lines, the baseline which runs east to west, and the meridian which runs north to south. The measurement system by government survey began in 1785 and is commonly used in the west of the United States. The definition starts at the POB and then tells you how far and in what direction the boundaries go from there until it reconnects. To do so, they rely on terminology such as monuments, benchmarks, and point of beginning (POB). These definitions are highly accurate and describe all the boundary lines, lengths, and angles. It is commonly used for land that is irregular in shape, frequently used to describe real estate in rural areas or large tracts of land that is non-subdivision property. Metes and bounds is the oldest method of land measurement used for property descriptions. Here is a look at each of these types in more detail. There are three types of legal descriptions of property commonly used: metes and bounds, government survey, and lot and block. Types of Legal Descriptions of PropertyĪs mentioned, how a real estate legal definition of property is written depends on where the land is located and the type and shape of the land. It is common for monetary compensation to be given to one party to come to an agreement about who the land belongs to. In some cases, a surveyor will redefine the property boundaries in such a way that both parties agree upon. If either party chooses to do so, the legal description of property can be disputed. This will confirm to whom the area of land belongs, describing where both property boundaries start and end. An unbiased surveyor will look at the legal description and help settle these disputes. The other less common use of a legal description of property is when disputes arise between neighbors pertaining to the boundaries of a property. It ensures all parties understand the boundaries of the piece of real estate being sold and is needed to legally transfer the correct property to the new owner. Therefore, the real estate legal definition is usually found in property deeds after the phrase “that certain piece or parcel of land described as followed.” You’ll also find it in mortgage paperwork, sales contracts, and other legal land documents. When is a Legal Description of Property Needed?Ī legal description of property is required when the ownership of real estate is transferred from one individual to another or when a property is being mortgaged. It may look longer and more complicated, but it is a much more precise way of defining the exact perimeters of the land, which helps to avoid disputes. On the other hand, a real estate legal definition helps everyone understand the exact boundaries of the property and how much land is being sold. Therefore, using an address as the primary identifier of land is not always effective. While the latter can help to locate the property on a map, addresses can change. Information on the county, town, or subdivisionĪs you can see, the legal description of property is different from the property address.The total acreage of the real estate property.Where the boundary lines of the property are located.Nevertheless, all legal descriptions of property may contain information on the following elements: They are always written by legal professionals, but how a real estate legal description is written varies depending on the type of property and its location. It is important in real estate transactions because it acts as a unique identifier so that everyone knows the specifics of the property being sold. It is usually accompanied by a survey sketch for a visual understanding of the property boundaries. What Does Legal Description of Property Mean?Ī legal description of property is a short document approximately five sentences long that describes a piece of real estate.
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