The Essential Elements of a Legal Description in Real Estate
The Essential Elements of a Legal Description in Real Estate
A legal description is a crucial component of any real estate transaction, as it precisely defines the boundaries and location of a property. It is a written statement that identifies a specific piece of land and distinguishes it from all other properties. This description is used in various legal documents, such as deeds, mortgages, and leases, to ensure the correct property is being transferred or encumbered. Understanding the essential elements of a legal description is vital for real estate professionals, property owners, and prospective buyers alike.
One of the primary elements of a legal description is the reference to a specific land survey system. In the United States, there are three primary survey systems used to describe real property: the Rectangular Survey System (also known as the Public Land Survey System or PLSS), the Metes and Bounds System, and the Lot and Block System (also known as the Recorded Plat System).
The Rectangular Survey System, established in 1785, is the oldest and most widely used method for describing land in the United States. It divides the country into a grid of townships and sections, using a system of meridians (north-south lines) and baselines (east-west lines). Each township is six miles square and contains 36 sections, each one mile square. The legal description using this system typically includes the section number, township and range numbers, and the principal meridian and baseline to which the property relates.
The Metes and Bounds System is primarily used in the original 13 colonies and a few other states, where land was surveyed and settled before the implementation of the Rectangular Survey System. This method uses natural and artificial landmarks, such as rivers, roads, and stone markers, to describe the boundaries of a property. The legal description begins at a designated point of beginning (POB) and follows a series of courses and distances around the perimeter of the property, ultimately returning to the POB. This system can be more complex and challenging to interpret, as it relies on landmarks that may have changed or disappeared over time.
The Lot and Block System is commonly used in urban and suburban areas, where land has been subdivided into smaller parcels known as lots. Under this system, a developer creates a plat map, which is a detailed drawing of the subdivision, showing the layout of streets, lots, and other features. The plat map is then recorded with the local government, assigning a unique lot and block number to each parcel. The legal description using this system includes the lot and block numbers, the name of the subdivision, and the recording information for the plat map.
In addition to the survey system reference, a legal description may also include other essential elements, such as easements, rights-of-way, and encroachments. These elements describe any rights or restrictions that affect the use and enjoyment of the property, such as a utility easement that allows a power company to install and maintain power lines on the property.
In conclusion, a legal description is a critical component of any real estate transaction, as it provides a clear and precise identification of the property being transferred or encumbered. Understanding the essential elements of a legal description, including the survey system reference and any additional rights or restrictions, is crucial for real estate professionals, property owners, and prospective buyers to ensure the accuracy and validity of their transactions.