Legal Description
Definition
A legal description is a rigorously defined way of identifying the exact boundaries and location of a piece of real estate that is recognized by law. It is typically used in deeds, mortgages, and other legal documents related to property transactions.
There are three main methods for creating a legal description:
- Government Rectangular Survey: An organized method using a grid system to identify land parcels.
- Metes and Bounds: A description using physical features and measurements to define the boundaries.
- Plat (Lot and Block Number): A description referencing a recorded map that subdivides land into lots and blocks.
Examples
Government Rectangular Survey
- Example: NW 1/4 of the SW 1/4 of Section 22, Township 3 North, Range 4 West, of the Fifth Principal Meridian.
- Explanation: This example uses a principal meridian-based grid to specifically locate a parcel within a township and section.
Metes and Bounds
- Example: Beginning at the large oak tree at the north-east corner of the property, then south 250 feet to the fence, then west 125 feet to the creek, then follow the creek back north to the oak tree.
- Explanation: This description uses specific points and distances to craft the boundary of the parcel starting and ending at the same point.
Plat (Lot and Block Number)
- Example: Lot 24, Block 8, City of XYZ Plat Book 12, Page 34.
- Explanation: This example uses a designated lot and block number found in a publicly recorded subdivision map housed in a plat book.
Frequently Asked Questions (FAQs)
Q: Why is a legal description important in real estate transactions?
A: A legal description is crucial because it provides a unique, legally accepted way to define a property’s boundaries and ensure clarity and precision in real estate transactions.
Q: Can a street address serve as a legal description?
A: No, a street address cannot serve as a legal description. A street address does not provide the exact boundaries of the property, which is essential for legal purposes.
Q: How do I find the legal description of a property I own?
A: The legal description can be found on property deeds, mortgage documents, or through records available at the local county recorder or assessor’s office.
Q: Is it possible for a property to have more than one type of legal description?
A: Yes, a property may have more than one type of legal description, especially if it spans multiple survey methods or has been subdivided or resurveyed.
Q: What is “Metes and Bounds”?
A: Metes and Bounds is a method of describing land by using physical features and measuring distances and bearings from point to point along the boundary.
Related Terms
- Deed: A legal document that conveys ownership of real property from one party to another.
- Plat: A map showing subdivisions of land which are divided into lots and blocks for ownership.
- Survey: The process of measuring and mapping land to determine its boundaries and features.
- Township: A square unit of land that is six miles on each side, used in the Government Rectangular Survey system.
- Principal Meridian: A primary north-south line used as a reference in the Government Rectangular Survey system.
Online Resources
- National Society of Professional Surveyors: Professional insights and advocacy on surveying standards and practices.
- The American Land Title Association (ALTA): Educational materials on land descriptions and real estate transactions.
References
- “Real Estate Principles” by Charles F. Floyd and Marcus T. Allen
Real Estate Basics: Legal Description Fundamentals Quiz
### Which of the following is NOT a method for legally describing a piece of real estate?
- [x] Street Address
- [ ] Government Rectangular Survey
- [ ] Metes and Bounds
- [ ] Plat (Lot and Block Number)
> **Explanation:** A street address is not legally sufficient for precise identification of property boundaries, whereas the other options provide distinct methods for legal descriptions.
### Legal descriptions are crucial for which type of transactions?
- [ ] Grocery purchases
- [ ] Stock market investments
- [x] Real estate transactions
- [ ] Automobile sales
> **Explanation:** Legal descriptions are essential for real estate transactions to clearly identify property boundaries and ownership.
### What does "Metes and Bounds" usually use to define a property's boundaries?
- [ ] Lottery numbers
- [ ] Postal codes
- [x] Physical features and measurements
- [ ] Internet maps
> **Explanation:** The "Metes and Bounds" method uses physical features and detailed measurements to define the property’s boundaries.
### Which of the following is NOT included in a Plat legal description?
- [ ] Lot number
- [ ] Block number
- [x] Length of the driveway
- [ ] Plat book and page number
> **Explanation:** A Plat legal description uses lot and block numbers along with the referenced Plat book and page number. The length of the driveway is not relevant.
### What is the significance of a "Principal Meridian" in the Government Rectangular Survey method?
- [x] It is a primary north-south reference line.
- [ ] It determines property taxes.
- [ ] It is a landmark chosen randomly.
- [ ] It indicates property value.
> **Explanation:** In the Government Rectangular Survey method, the Principal Meridian serves as the main north-south reference line for surveys.
### Can multiple legal descriptions apply to one parcel of land?
- [ ] No, a parcel can only have one legal description.
- [ ] Yes, but only in urban areas.
- [x] Yes, especially if it spans multiple survey methods.
- [ ] No, unless approved by a judge.
> **Explanation:** A property may have multiple legal descriptions, particularly if it spans areas that require different survey methods or has complex boundaries.
### What should you do if you need an authoritative legal description for your property?
- [ ] Guess based on neighboring features
- [ ] Use the street address alone
- [ ] Consult random maps online
- [x] Refer to property deeds or county records
> **Explanation:** An authoritative legal description can be found in property deeds, mortgage documents, or county records.
### Plat descriptions are typically recorded where?
- [ ] Local library
- [x] County recorder's office
- [ ] Bank vault
- [ ] Homeowner's manual
> **Explanation:** Plat descriptions are recorded at the local county recorder's office, where they are filed in plat books now accessible to the public.
### "Metes and Bounds" descriptions must start from where?
- [ ] Any corner arguably close to property
- [x] A well-defined point of beginning
- [ ] The middle of the property
- [ ] Any publicly known landmark
> **Explanation:** A "Metes and Bounds" description must start from an identifiable, well-defined point of beginning to create a precise property boundary.
### What is commonly involved in the Government Rectangular Survey system?
- [ ] Mobile geographic pins
- [x] Grid system based on townships and sections
- [ ] Arbitrary plot numbers
- [ ] Color-coded maps
> **Explanation:** The Government Rectangular Survey system uses a structured grid of townships and sections to systematically identify parcels of land.
