For most people who are actually into real estate and property, know that buying land isn’t an easy process. A lot of scrutiny is required and you need to make sure the property you’re investing in is legit and profitable.
When a newbie goes to buy property, there may be a lot of things they don’t know. And there are chances they have absolutely no clue about what to expect with legal descriptions. Let us tell you all you need to know.
Legal Description of Property Definition
The definition of a legal description of property is basically a document which outlines everything important about a property: it’s identity, ownership, sale, lease, location, price etc. Ths description acts as a legal binding to confirm the identity of the land that a person is interested in buying.
This also provides surveyors to be able to check the property and tally all information mentioned in the legal document, and ask questions. This transparency is important in every corporate transaction, but especially in real estate matters.
Elements of a Property Legal Description
There are certain important elements that are necessary to add in the document to increase the authenticity of the description. Some of those are:
- Description of the land
- Exact location of the property (state/county)
- Renting or selling details
- Lease information
Legal Description of Property Example
According to Law Insider, here are some of the sample property clauses that are typically used in a legal description of property. Here is an example.
‘A 15.050-ACRE TRACT OF LAND SITUATED IN THE WILEY S. POWELL SURVEY, ABSTRACT 622, HARRIS COUNTY, TEXAS, BEING OUT OF THE ALLEN INDUSTRIAL PARK, AN UNRECORDED SUBDIVISION OF 20.48821 ACRES AS DESCRIBED IN DEED TO IDM EQUIPMENT, LLC, RECORDED UNDER HARRIS COUNTY CLERK’S FILE NUMBERS 20070592667 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, (AS TO TRACTS 1-6) AND DEEDS TO IDM EQUIPMENT, LTD. RECORDED UNDER HARRIS COUNTY CLERK’S FILE NUMBER Z167750 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, (AS TO LOTS 7, 8 AND 9), HARRIS COUNTY CLERK’S FILE NUMBER Z167751 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, (AS TO LOTS 10 AND 11) AND HARRIS COUNTY CLERK’S FILE NUMBER 20070592669 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, (AS TO LOTS 12 AND 13); BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE (4204), AS DETERMINED BY GPS MEASUREMENTS):
BEGINNING at a 1-1/2-inch iron pipe found in the north right-of-way line of Breen Road (60-foot width) marking the southeast corner of a called 8-acre tract of land described in a special warranty deed to Donald M. Wright and Doris Glynda Wright recorded under Harris County Clerk’s File Number J253792 of the Official Public Records of Real Property, same being the southwest corner of said Lot 13 and of the herein described tract of land;
- THENCE North 02°14’10” West, with the east line of said Wright 8-acre tract and the west line of said Lots 13 (called Tract 5), 12 (called Tract 6), 11 and 10, at a distance of 189.34 feet pass a found 3/8-inch iron rod bears North 87°46’ East, 0.9 feet, at a distance of 377.34 feet pass a found 3/4-inch iron rod, continuing in all a total distance of 749.80 feet to a 1-1/2-inch iron pipe found at the northeast corner of said called 8-acre tract of land and an interior corner of said called Lot 10 and the herein described tract of land;
- THENCE South 87°17’31” West, a distance of 644.77 feet with the north line of said called 8-acre tract of land and a south line of said Lot 10 to a found 1-1/4-inch iron pipe found in the northeasterly right-of-way of the Burlington Northern Santa Fe Railroad at the northwest corner of said called 8-acre tract of land and the most west southwest corner of said called Lot 1 0 and of the herein described tract of land.’
See how fully detailed the information has been provided and how the legal description clauses define the identity of the property.
3 Types of Legal Descriptions
To make sure the surveyor can easily locate the property, the description can be done in three different forms.
United States Government Survey System
This is one of the ways of describing the nature of the legal property, a system that was adopted in 1785, also known as the rectangular system today. This system of land surveying is based on the north-south lines of longitude, which are called meridians, and the east-west lines of latitude, which are called parallels.
Each part of the United States was assigned a specific meridian and parallel as a reference point. Based upon these reference points, the land is further divided into townships of 36 square miles. Townships are then divided into 36 sections of one square mile each. Sections are further divided into quarters and so on.
Metes and Bounds
A metes and bounds legal description is usually one that was created by a surveyor that finds a starting point and proceeds with directions, angles and distances. A metes and bounds description is commonly used in relation to the U.S. Government Survey System.
Lot and Block
A lot and block legal description is created by filing a subdivision survey in the land records. This survey is called a plat and creates the subdivision name (e.g. Minneapolis Addition). The plot most often uses metes and bounds descriptions to identify the perimeter of the platted land. Smaller parcels within the platted subdivision are mapped out with courses and distances.
However, once the plat is recorded, the smaller parcels are identified by letters or numerals instead of using the metes and bounds descriptions. Most often a subdivision is divided into one or more “blocks.” The blocks are then further divided into one or more “lots.” The legal description from an unrecorded plat cannot be used until that plat is recorded. In Minnesota, if the platted description is used prior to the recording of the plat, documents containing the platted descriptions would be invalid.
Conclusion
It is sometimes absolutely necessary to be able to read and understand the elements of a legal description of property to make sure there is nothing holding you from revealing or finding out the true identity of the land.
There are three different ways to write a legal description, and the surveyor should be able to find the location based on those descriptions.
