Spencer Lanoue
Writing a legal description of a property might not sound like the most exhilarating task, but it's a fundamental part of real estate transactions. Whether you're buying, selling, or just plain curious about your corner of the world, crafting a precise legal description is essential. We'll break down the process into bite-sized steps. Demystifying terms and concepts along the way. By the end, you'll have a solid grasp of how to write a legal description that stands up to scrutiny.
What Exactly Is a Legal Description?
First things first. Let's clarify what a legal description is. In real estate, a legal description is a detailed way of defining where a property is located. It's not just an address; it's a precise description used in legal documents to identify a property unmistakably. These descriptions are crucial in deeds, mortgages, and other property-related documents.
Think of it as the property's fingerprint. While two homes might have similar addresses, their legal descriptions are unique. They ensure that everyone is talking about the same parcel of land, preventing disputes and confusion.
Metes and Bounds: Old School Charm
If you've ever stumbled upon a property description that reads like a pirate map ("...starting at the old oak tree..."), you've encountered metes and bounds. This is one of the oldest methods for describing land, dating back centuries.
Metes and bounds descriptions use physical features of the land along with directions and distances. A typical description might start at a specific point (like a landmark or survey marker) and then describe the perimeter of the property in a series of steps. These steps, known as "calls," are measured in feet, degrees, and minutes.
"Beginning at the northwest corner of the parcel, thence South 89 degrees 59 minutes East, 200 feet to a point, thence South 0 degrees 1 minute West, 150 feet to a point..."
While charming, metes and bounds can be tricky. Natural features change over time, and survey markers can be moved or destroyed. That said, they add a historical flair to property descriptions that some find appealing. It's like reading a piece of history every time you look at your deed!
The Rectangular Survey System: A Grid Approach
While metes and bounds might be poetic, the rectangular survey system is all about efficiency and order. Developed to help standardize land descriptions, especially in rural areas, this system divides land into a series of rectangles.
The basic unit of the rectangular survey system is the township, which is a square six miles on each side. Each township is further divided into 36 sections, each one mile square. Descriptions using this method refer to these sections and townships.
"Section 24, Township 7 South, Range 8 East, 5th Principal Meridian"
This system is particularly common in the western United States. It's like a giant grid laid over the landscape, making it easier to parcel out land in a clear, straightforward way.
Lot and Block: Perfect for the Suburbs
If you've ever lived in a suburb, you've likely encountered the lot and block system. This method is used for properties in subdivisions, where land is divided into lots and recorded on a plat map. Plat maps are detailed, drawn-to-scale maps of a subdivision, showing boundaries, streets, and lots.
The lot and block system is straightforward: each lot is given a number, along with a block number. The legal description then refers to these numbers along with the name of the subdivision and the county or city where it's located.
"Lot 5, Block 3, Sunny Acres Subdivision, Johnson County"
This method is neat and tidy, perfect for urban and suburban areas where land is divided into uniform parcels. It's like addressing a letter—simple and direct.
Writing a Legal Description: Where to Begin
Now that we've covered the types of legal descriptions, it's time to get into the nitty-gritty of writing one. The key is accuracy and clarity. A legal description should leave no room for interpretation, ensuring that anyone reading it. Now or in the future. Understands exactly what land is being described.
Here are some steps to guide you:
- Gather Information: Start by collecting all available documents related to the property, such as previous deeds, surveys, and plat maps. These will give you the foundational information you need.
- Identify the Method: Based on the property's location and characteristics, determine whether metes and bounds, rectangular survey, or lot and block is most appropriate.
- Be Precise: Use exact measurements and directions. If using metes and bounds, include angles and distances. For rectangular surveys, specify sections and townships. In lot and block, reference the correct plat map and ensure all numbers match.
Common Pitfalls and How to Avoid Them
Writing a legal description isn't without its challenges. Here are some pitfalls to watch out for, along with tips to sidestep them:
- Ambiguity: Vague descriptions can lead to disputes. Avoid phrases like "about" or "approximately." Precision is your best friend here.
- Omission: Leaving out critical details, like the starting point in a metes and bounds description, can render the whole thing useless. Double-check your work!
- Outdated References: Natural landmarks can change or disappear. If possible, use permanent markers like survey pins or concrete monuments.
Interestingly enough, Spell can help streamline the process. While it's primarily a document editor, its AI capabilities can assist in drafting clear, concise descriptions by suggesting improvements and catching potential ambiguities.
Legal Descriptions in Action
Let's put theory into practice with an example. Suppose you're writing a legal description for a suburban home in a new development. The plat map lists it as Lot 12, Block 4 of Maplewood Estates.
"Lot 12, Block 4, Maplewood Estates Subdivision, Franklin County"
Simple, right? Now, if you're dealing with a rural property using the rectangular survey system, it might look like this:
"NW 1/4 of the SE 1/4 of Section 10, Township 3 North, Range 2 East, 3rd Principal Meridian"
Each system has its nuances, but the goal remains the same: a clear, indisputable description.
Yes, You Can Do This!
Tackling legal descriptions might seem daunting at first, but with the right tools and understanding, it's entirely manageable. Remember, the key is detail. When in doubt, refer to existing documents or consult a professional surveyor.
And if you ever find yourself stuck, Spell is there to lend a hand. By helping draft and refine your descriptions, Spell can save you time and ensure your documents are as polished as possible.
Final Thoughts
Writing a legal description of a property is all about precision and clarity. Whether you're using metes and bounds, rectangular survey, or lot and block, the goal is to create a description that accurately identifies the property. Spell can be a useful partner in this endeavor, providing AI-driven suggestions to enhance your document's clarity and professionalism. With a bit of practice, you'll be crafting legal descriptions like a pro!
