Defining Your Real Estate: Understanding Legal Descriptions

When it comes to owning property, a clear and legal description of the real estate is crucial. This legal framework ensures proper identification and rightful ownership. Here’s a breakdown of the three primary methods used to achieve this:

Government Rectangular Survey System

This method uses latitude and longitude to specify the exact location of the property. Originating from the Land Ordinance of 1785, it’s widely used by jurisdictions in the United States. Each land parcel is assigned a Range and Township, further aiding in precise location identification.

Example: The government rectangular survey system precisely identifies your plot at Township 2 North, Range 4 West.

Metes and Bounds Description

The oldest method of property description, metes and bounds walks the edges of the property, delineating it with physical landmarks and directional boundaries. Where natural landmarks are unavailable, stakes or mark stones are used instead.

Example: Beginning at a stone marker located on the northeast corner, proceed 200 feet south to the oak tree, then 400 feet west to the barn, and finally back to the point of beginning.

Recorded Plat (Lot and Block Number)

Often used in modern residential developments and urban areas, this method refers to subdivisions or plats filed with a proper government authority. Blocks and lots are assigned consecutive numbers for distinctive identification.

Example: Your property is officially recorded as Lot 12 in Block 3 of the Riverdale subdivision.

Importance of a Legal Description in Deeds

A well-defined legal description of the property forms the heart of a deed. It confirms the accurate transfer of ownership through clearly demarcated boundaries and ensures minimal disputes.

Frequently Asked Questions

Q: What happens if a legal description is wrong?

A: A faulty legal description can lead to boundary disputes, affect the validity of the property transfer, and might necessitate corrections through legal procedures.

Q: Can a legal description be changed?

A: Changing a legal description usually involves a resurvey of the land. The alteration must be filed and recorded with local government offices.

Q: Why is a legal description significantly different from the postal address?

A: Unlike postal addresses that can change over time or be duplicated, legal descriptions offer precise geographical references meant to definitively identify and demarcate property boundaries.

Related Terms: Deed, Property Survey, Land Title, Property Deed, Surveying.