Obtaining a legal description of a property without a title can be a challenging but crucial step for various legal and financial transactions. Whether you’re involved in a property dispute, planning a real estate transaction, or simply seeking information about a specific piece of land, acquiring an accurate legal description is essential. This guide will provide you with a comprehensive overview of the different methods available to obtain a legal description without a title, ensuring you have the necessary documentation to proceed with your endeavors.
One common approach is to contact the local county recorder’s office or land registry. These offices typically maintain records of all recorded property deeds and other documents related to real estate transactions. By providing the address or parcel number of the property in question, you can request a copy of the deed or other legal documents that contain the legal description. While this method may require a fee, it often provides the most comprehensive and up-to-date information.
Another option is to utilize online resources such as county GIS (Geographic Information System) maps. Many counties now offer interactive maps that allow users to search for properties by address, parcel number, or other criteria. These maps often provide basic information about the property, including its legal description. While this method may not be as detailed as obtaining a copy of the deed, it can be a convenient and cost-effective way to access the legal description for preliminary purposes.
The Meaning of a Legal Description
A legal description is an official, written description of the boundaries of a property. It is used in legal documents to identify the property and establish its ownership. Legal descriptions are specific and detailed and use precise language to establish the property’s location and shape. It allows for a clear understanding of the property’s boundaries among different parties involved in legal matters and real estate transactions.
Legal descriptions are typically written in a standardized format using a combination of metes and bounds, section-township-range, or lot-block descriptions, or a combination thereof. It includes information such as the property’s location within a larger area (e.g., county, township, city, and block), and its dimensions, shape, and any easements or encumbrances.
A sample legal description for a property using the metes and bounds method might look like this:
| Legal Description |
|---|
| Beginning at the northwest corner of the southeast quarter of Section 10, Township 1 North, Range 3 East, running thence south 100 feet; thence east 200 feet; thence north 100 feet; thence west 200 feet to the point of beginning. |
Common Elements of a Legal Description
Metes and Bounds
Metes and bounds are descriptions of property boundaries using compass directions and distances. They start at a known reference point, typically a corner monument or natural feature, and proceed around the perimeter of the property, specifying the direction and length of each side. For example:
“Beginning at a point 500 feet north of the southeast corner of Lot 1, thence north 90 feet, thence west 150 feet, thence south 90 feet, thence east 150 feet to the point of beginning.”
Additional Details
* Monuments: Monuments are physical markers (e.g., stakes, stones, trees) that establish boundary points.
* Lines: Boundaries are often described as lines (e.g., north line, west line) connecting two monuments.
* Bearings: Compass directions are expressed as bearings (e.g., N45°E), indicating the angle from north to the direction of the line.
* Distances: Distances are typically measured in feet or meters and specified from one monument to the next.
Locating the Legal Description
Finding the legal description of a property involves several steps:
1. Gather Property Tax Records
The property’s tax bill or assessment usually contains the legal description. Obtain these records from the county assessor’s office.
2. Check the Deed
The legal description is typically found in the deed or title to the property. This document should be available through the county recorder’s office.
3. Use Online Resources and Databases
a. County Websites
Many counties maintain online databases that allow you to search for property records, including legal descriptions. Use the county’s website to navigate to the assessor or recorder’s office webpage.
b. National Database Services
Services like Landgrid and LexisNexis provide access to property records across the United States. They may offer fee-based services for obtaining legal descriptions.
c. GIS Mapping Tools
Geographic Information System (GIS) mapping tools, such as Google Earth or ArcGIS, can also be used to find legal descriptions. Zoom into the property and click on the “layers” tab to select the “Plat Map” layer. The legal description may be displayed.
Understanding the Metes and Bounds System
The Metes and Bounds System is a formal method of describing a property using specific measurements and directions from a fixed point. It’s commonly used in older land records and descriptions.
Types of Boundaries: Natural and Artificial
Natural Boundaries: These boundaries are physical features of the land, such as rivers, mountains, and streams. They’re generally described using their direction and distance from the starting point.
Artificial Boundaries: These boundaries are created by humans, such as walls, fences, and roads. They’re described using their length and bearing (angle of direction) from the starting point.
Table of Boundary Designations
| Abbreviation | Meaning |
|---|---|
| N | North |
| S | South |
| E | East |
| W | West |
| NE | Northeast |
| NW | Northwest |
| SE | Southeast |
| SW | Southwest |
Using a Geographic Information System (GIS)
A Geographic Information System (GIS) is a computer system that stores, analyzes, and displays geographical data. It can be used to create maps, charts, and other visualizations of data. GIS can also be used to overlay different layers of data to identify patterns and relationships.
To get a legal description of a property using a GIS, you will need to:
1. Gather the necessary data. This includes the address of the property and the name of the county in which it is located.
2. Find a GIS website or software program. There are many free and paid GIS resources available online.
3. Import the data into the GIS. This can be done by uploading a file or by manually entering the data.
4. Zoom in to the property location. This can be done using the zoom tools on the GIS interface.
5. Identify the property boundary. This can be done by using the boundary tool on the GIS interface.
6. Generate a legal description. The legal description will be automatically generated by the GIS based on the property boundary.
The legal description of a property is a detailed description of the property’s location and boundaries. It is typically used in legal documents, such as deeds and mortgages.
Here is a sample legal description of a property:
| Legal Description |
|---|
| Beginning at the northeast corner of Section 10, Township 12 North, Range 14 East, of the 6th P.M., thence south along the east line of said Section 10, 330 feet; thence west along a line parallel with the north line of said Section 10, 660 feet; thence north along a line parallel with the east line of said Section 10, 330 feet to the north line of said Section 10; thence east along the north line of said Section 10, 660 feet to the point of beginning. |
Comparing Different Legal Descriptions
There are several different types of legal descriptions used in real estate transactions. Each type has its own strengths and weaknesses, and the best choice for a particular property will depend on the specific circumstances.
The most common type of legal description is the metes and bounds description. This type of description uses specific measurements and angles to describe the boundaries of the property. Metes and bounds descriptions are very precise, but they can be difficult to understand for people who are not familiar with surveying terminology.
Another common type of legal description is the lot and block description. This type of description uses a system of numbered lots and blocks to identify a property. Lot and block descriptions are easy to understand, but they can be less precise than metes and bounds descriptions.
A third type of legal description is the government survey description. This type of description uses a system of townships, ranges, and sections to identify a property. Government survey descriptions are very precise, but they can be difficult to understand for people who are not familiar with the system.
The following table summarizes the key differences between the three main types of legal descriptions:
| Type of Description | Strengths | Weaknesses |
|---|---|---|
| Metes and Bounds | Very precise | Difficult to understand |
| Lot and Block | Easy to understand | Less precise |
| Government Survey | Very precise | Difficult to understand |
Maintaining Accurate Records
Maintaining accurate property records is crucial for legal purposes, ensuring the property’s ownership and title are clear. Here are some methods to ensure accurate record-keeping:
1. Original Documents: Keep original deeds, titles, and other legal documents in a secure location, such as a safe deposit box or fireproof cabinet.
2. Digital Copies: Scan and create digital copies of all property documents for easy storage and access.
3. Attorney Review: Have an experienced real estate attorney review all legal documents to ensure their accuracy and validity.
4. Title Insurance: Obtain title insurance, which provides protection against any potential defects or encumbrances on the property.
5. Mortgage Statements: Keep a record of all mortgage statements to track loan payments and the remaining balance.
6. Property Tax Records: Maintain a file of property tax bills and receipts to document annual property taxes.
7. Home Inspection Reports: Preserve home inspection reports, which provide a comprehensive assessment of the property’s condition.
8. Insurance Policies: Keep copies of insurance policies, including homeowners, flood, and earthquake insurance.
9. Renovation and Improvement Records: Document any significant renovations or improvements made to the property, including permits and contractor invoices.
10. Personal Property Inventory: Create a detailed inventory of valuable personal property within the home, including photographs or videos for documentation purposes.
| Document | Storage Method |
|---|---|
| Original Deeds and Titles | Safe Deposit Box |
| Digital Copies of Documents | Cloud Storage or External Hard Drive |
| Mortgage Statements | File Cabinet or Digital Storage |
| Property Tax Bills and Receipts | File Cabinet or Digital Storage |
| Home Inspection Reports | File Cabinet or Digital Storage |
How to Obtain a Legal Description of Property
A legal description is a precise and formal way of describing the location and boundaries of a piece of property. It is typically used in deeds, mortgages, and other legal documents. There are a few different ways to get a legal description of property:
- From the deed: The deed to your property should contain a legal description of the property. If you do not have a copy of your deed, you can request one from the county recorder’s office.
- From a survey: A survey is a map of a piece of property that shows its boundaries and dimensions. A survey can be conducted by a licensed surveyor. The surveyor will use a variety of tools to measure the property and create a map.
- From the tax assessor: The tax assessor’s office can provide you with a legal description of your property. The tax assessor uses legal descriptions to assess the value of property for tax purposes.
Once you have obtained a legal description of your property, you should keep it in a safe place. You may need it in the future if you decide to sell or refinance your property.
People Also Ask About How to Get a Legal Description of Property
What is a legal description of property?
A legal description is a precise and formal way of describing the location and boundaries of a piece of property. It is typically used in deeds, mortgages, and other legal documents.
How can I get a legal description of my property?
There are a few different ways to get a legal description of your property:
- From the deed
- From a survey
- From the tax assessor
What should I do with a legal description of my property?
Once you have obtained a legal description of your property, you should keep it in a safe place. You may need it in the future if you decide to sell or refinance your property.
Can I get a legal description of property online?
Yes, there are a number of websites that offer legal descriptions of property online. However, it is important to note that these websites may not be accurate or up-to-date. It is always best to obtain a legal description of property from a reliable source, such as the deed, a survey, or the tax assessor.
