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. If you need to get your required educational hours done, check out our partners for online real estate education that can be done at your own pace from home or where ever you have internet access.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. We have been named as the best real estate exam practice for 7 years in a row!
METES AND BOUNDS DESCRIPTION REAL ESTATE FREE
If you want to see some examples of questions that will be on the actual real estate exam, check out our free real estate practice exam. The metes and bound method is not regularly used today, it has been replaced with more accurate systems such as the government survey system and lot-and-block method. For example, trees can fall, creeks can run try, and land features can erode. Obviously, there are some potential issues with a metes and bounds description. The description then continues in this format until the border returns to the point of beginning. The border will then continue at a measurement of feet and inches from the POB in a straight line at a described angle until it reaches the next monument. Typically, a monument is used as a point of beginning, making it easier to understand where the border begins and ends. For example, a monument could be large tree, significant rock, waterfall etc. Monuments are fixed land features or objects on the land that are used in the description. It’s important to remember that a metes and bounds land description always begins and ends at the same point. The beginning of a metes and bounds land description is the point of beginning, referred to as the POB, which is also called the point of commencement, referred to as the POC.įrom this point, the border of the parcel of land is described until the description returns to the POB. So how does a metes and bounds land description work? A legal description gives more detail about a parcel than just an address. Legal land descriptions are required in contracts and other legal documents such as liens, trust deeds, and court documents. It is the oldest method of land description and was primarily used for describing land on the country’s east coast during settlement. Metes and bounds is a way of legally describing parcels of land, similar to the Government Survey System.
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