How to Get a Legal Description of Property: A Comprehensive Guide
Understanding your property’s legal description is crucial for various real estate transactions, including buying, selling, refinancing, and resolving boundary disputes. A legal description is a precise identification of a property’s location and boundaries, used in legal documents like deeds, mortgages, and surveys. Unlike a street address, which is primarily for mail delivery, a legal description provides a definitive and unambiguous record of the property. This guide provides a comprehensive walkthrough of how to obtain a legal description of a property, covering various methods and resources available.
## Why You Need a Legal Description
Before diving into the methods, let’s understand why a legal description is so important:
* **Deeds and Ownership Transfer:** Legal descriptions are essential for accurately transferring property ownership. Without a precise description, the transfer may be legally challenged.
* **Mortgages and Financing:** Lenders require legal descriptions to secure loans against a specific property. This ensures that the mortgage is attached to the correct land and building.
* **Property Taxes:** Tax assessors use legal descriptions to identify properties for taxation purposes.
* **Boundary Disputes:** Legal descriptions are crucial for resolving disputes between neighboring property owners regarding property lines and easements.
* **Construction and Development:** Developers use legal descriptions to define the boundaries of building sites and ensure compliance with zoning regulations.
* **Title Insurance:** Title insurance companies rely on legal descriptions to research the property’s history and identify potential issues that could affect ownership.
* **Easements and Rights-of-Way:** Legal descriptions define the location and extent of easements, which grant specific rights to others to use a portion of your property (e.g., utility lines).
## Types of Legal Descriptions
Understanding the different types of legal descriptions will help you identify the right one for your needs:
* **Metes and Bounds:** This is the oldest and most detailed type of legal description. It uses distances (metes) and directions (bounds) to define the property’s perimeter, starting from a specific point of beginning (POB) and returning to the same point. It often references landmarks, monuments (iron pins, stones), and adjacent properties.
* **Lot and Block:** This system is commonly used in developed areas with recorded plats (subdivision maps). It identifies the property by its lot number and block number within a specific subdivision. The plat map provides the detailed dimensions and boundaries.
* **Government Survey System (Rectangular Survey System):** This system, also known as the Public Land Survey System (PLSS), divides land into a grid of townships, ranges, and sections. A township is six miles square and contains 36 sections, each one mile square (640 acres). This system is prevalent in many states, particularly those west of the original thirteen colonies.
## Methods to Obtain a Legal Description
Here are several methods you can use to obtain a property’s legal description:
### 1. Check Your Deed
The most common and readily accessible source for a legal description is your property deed. This document is the official record of your ownership and contains all the necessary information about your property. Here’s how to find and interpret the legal description on your deed:
* **Locate Your Deed:** Your deed should be among your important documents. It might be filed with your mortgage paperwork or stored in a safe place. If you can’t find it, don’t worry; you can obtain a copy from the county recorder’s office (see below).
* **Identify the Legal Description Section:** Look for a section titled “Legal Description,” “Property Description,” or similar. It’s often found after the names of the grantor (seller) and grantee (buyer) and the property address.
* **Understand the Format:**
* **Metes and Bounds:** The description will read something like: “Beginning at a point on the north side of Elm Street, 100 feet east of the intersection of Elm Street and Oak Avenue; thence north 90 degrees east 200 feet; thence south 0 degrees east 150 feet; thence south 90 degrees west 200 feet; thence north 0 degrees west 150 feet to the point of beginning.”
* **Lot and Block:** The description will state something like: “Lot 12, Block B, of the Meadowbrook Subdivision, as recorded in Plat Book 10, Page 25, in the office of the County Recorder of Anytown County, State of [State].”
* **Government Survey System:** The description will read something like: “The Northwest Quarter of the Southwest Quarter of Section 10, Township 3 North, Range 2 East of the [Name of Meridian].”
* **Record the Description Exactly:** Write down the legal description exactly as it appears on the deed. Any discrepancies can cause legal problems.
**Example:**
Let’s say your deed states:
“Lot 4, Block C, of Sunny Acres Subdivision, according to the plat thereof recorded in Plat Book 5, Page 10, of the Official Records of Riverside County, California.”
This is a Lot and Block description. It tells you the property is Lot 4 in Block C of the Sunny Acres Subdivision. To get more detailed information, you would need to consult Plat Book 5, Page 10, at the Riverside County Recorder’s Office.
### 2. Contact the County Recorder’s Office (or Register of Deeds)
The County Recorder’s Office (also known as the Register of Deeds in some states) is the official repository of real estate records in your county. They maintain copies of deeds, mortgages, plats, and other documents related to property ownership.
* **Locate the Office:** You can usually find the contact information for the County Recorder’s Office on the county government’s website. Search for “[Your County Name] County Recorder” or “[Your County Name] Register of Deeds.”
* **Provide Property Information:** When you contact the office, you’ll need to provide information to help them locate the property records. This might include the property address, the owner’s name, or the parcel number (if you know it).
* **Request a Copy of the Deed or Plat Map:** Ask for a copy of the deed for the property. If the property is part of a subdivision, also request a copy of the plat map. The plat map will show the dimensions and boundaries of the lot.
* **Fees:** Be prepared to pay a fee for copies of documents. The fees vary by county.
* **Online Access:** Many County Recorder’s Offices now offer online access to property records. You may be able to search for and download deeds and plat maps from the comfort of your home.
**Example:**
You want to find the legal description for a property at 123 Main Street in Anytown, USA. You search online and find the Anytown County Recorder’s Office website. You can search their online database using the property address. You find the deed associated with that address and download a copy. The deed contains the legal description:
“Beginning at a point on the west line of Main Street, 50 feet south of the intersection of Main Street and First Avenue; thence west 100 feet; thence south 75 feet; thence east 100 feet; thence north 75 feet to the point of beginning.”
### 3. Obtain a Copy of Your Title Insurance Policy
If you purchased title insurance when you bought your property, the policy will contain a copy of the legal description. The title insurance policy protects you against any defects in the title (ownership) of the property.
* **Locate the Policy:** Your title insurance policy should be among your closing documents from when you purchased the property. Contact your title insurance company if you cannot find it.
* **Find the Legal Description:** The legal description is usually located in the policy’s Schedule A or Description of Property section.
**Example:**
You find your title insurance policy and turn to Schedule A. It states:
“The South 100 feet of the West 150 feet of Lot 1, Block A, of Hillside Estates, as recorded in Book 20 of Maps, Page 5, Records of King County, Washington.”
### 4. Review Property Tax Records
Your local tax assessor’s office uses legal descriptions to identify properties for taxation purposes. You can usually find the legal description on your property tax bill or online through the tax assessor’s website.
* **Find the Tax Assessor’s Website:** Search online for “[Your County Name] Tax Assessor” or “[Your City Name] Property Tax Records.”
* **Search for Your Property:** You can usually search by property address, owner’s name, or parcel number.
* **Locate the Legal Description:** The legal description may be listed under “Property Information” or “Assessment Details.”
**Example:**
You visit the online property tax records for your city and search for your address. You find the property details, and under the “Legal Description” section, it states:
“NW 1/4 of SE 1/4, Section 22, Township 4N, Range 3E, Willamette Meridian.”
This is a Government Survey System description, indicating the northwest quarter of the southeast quarter of Section 22, Township 4 North, Range 3 East, referenced to the Willamette Meridian (a principal meridian used in Oregon and Washington).
### 5. Hire a Land Surveyor
If you need a precise and verified legal description, especially if you are dealing with boundary disputes or complex property lines, hiring a licensed land surveyor is the best option. A surveyor will conduct a survey of your property and create a new legal description based on their findings.
* **Find a Licensed Surveyor:** Search online or ask for recommendations from real estate professionals (attorneys, realtors, title companies). Ensure the surveyor is licensed in your state.
* **Discuss Your Needs:** Explain why you need the survey and the legal description. The surveyor will assess the property and provide a quote.
* **The Survey Process:** The surveyor will use specialized equipment to measure the property’s boundaries and locate any existing monuments or landmarks. They will research the property’s history and consult existing records.
* **The Survey Report:** The surveyor will provide you with a survey report that includes a detailed plat map showing the property’s boundaries, dimensions, and any easements or encroachments. The report will also contain a new legal description based on the survey findings.
**Example:**
You are having a dispute with your neighbor about the property line. You hire a land surveyor to conduct a boundary survey. The surveyor researches the property records, conducts field measurements, and prepares a survey report. The report includes a plat map showing the exact location of the property line and a new, updated legal description:
“Commencing at the southeast corner of Section 16, Township 2 South, Range 1 East, Willamette Meridian; thence North 00°00’00” East along the east line of said Section 16, a distance of 500.00 feet; thence North 90°00’00” West, a distance of 200.00 feet to the point of beginning; thence continuing North 90°00’00” West, a distance of 100.00 feet; thence North 00°00’00” East, a distance of 150.00 feet; thence South 90°00’00” East, a distance of 100.00 feet; thence South 00°00’00” West, a distance of 150.00 feet to the point of beginning.”
### 6. Consult with a Real Estate Attorney
A real estate attorney can provide valuable assistance in obtaining and interpreting legal descriptions. They can review your deed, title insurance policy, and other documents, and advise you on the best course of action.
* **Find a Real Estate Attorney:** Search online or ask for recommendations from friends, family, or other professionals.
* **Discuss Your Needs:** Explain why you need the legal description and what you plan to use it for. The attorney can review your documents and advise you on any potential issues.
* **Legal Advice:** The attorney can help you understand the legal implications of the legal description and ensure that it accurately reflects the property’s boundaries and ownership.
**Example:**
You are purchasing a property with a complex legal description that you don’t understand. You hire a real estate attorney to review the documents and explain the legal description to you. The attorney identifies a potential easement issue that was not disclosed in the title report. They advise you on how to address the issue before closing on the property.
## Interpreting Legal Descriptions: Key Terms and Concepts
Interpreting a legal description can be challenging, especially if you are not familiar with the terminology. Here are some key terms and concepts to understand:
* **Point of Beginning (POB):** The starting point of a metes and bounds description. All measurements and directions are referenced to this point.
* **Metes:** The distances or lengths of the property lines, usually measured in feet, inches, or chains.
* **Bounds:** The directions of the property lines, usually expressed in degrees, minutes, and seconds, relative to north or south.
* **Courses:** The direction and distance of a property line segment.
* **Monuments:** Natural or artificial landmarks used to mark property corners, such as trees, rocks, iron pins, or concrete markers.
* **Easements:** Rights granted to others to use a portion of your property for a specific purpose, such as utility lines or access to a neighboring property.
* **Encroachments:** Structures or objects that extend onto your property from a neighboring property, or vice versa.
* **Plat Map:** A map of a subdivision showing the lots, blocks, streets, and easements.
* **Subdivision:** A tract of land that has been divided into smaller lots for development.
* **Section:** A one-mile square (640 acres) unit of land in the Government Survey System.
* **Township:** A six-mile square unit of land in the Government Survey System, containing 36 sections.
* **Range:** A six-mile wide strip of land in the Government Survey System, running north and south.
* **Meridian:** A principal north-south line used as a reference point in the Government Survey System.
* **Baseline:** A principal east-west line used as a reference point in the Government Survey System.
## Common Mistakes to Avoid
* **Transcribing Errors:** When copying the legal description, be extremely careful to avoid errors. Even a small mistake can have significant legal consequences.
* **Using an Old Description:** Ensure that you are using the most current and accurate legal description. Property lines can change over time due to subdivisions, annexations, or boundary line adjustments.
* **Relying on Street Addresses:** Street addresses are not a substitute for legal descriptions. They are primarily for mail delivery and may not accurately reflect the property’s boundaries.
* **Ignoring Easements and Encroachments:** Be aware of any easements or encroachments that may affect the property. These should be clearly identified in the legal description or survey report.
* **Not Seeking Professional Help:** If you are unsure about any aspect of the legal description, don’t hesitate to seek professional help from a land surveyor, real estate attorney, or title company.
## Conclusion
Obtaining and understanding your property’s legal description is essential for protecting your ownership rights and ensuring smooth real estate transactions. By following the methods outlined in this guide, you can locate the legal description and use it for various purposes. Remember to double-check the accuracy of the description and seek professional help if needed. Whether you’re buying, selling, refinancing, or resolving a boundary dispute, a clear and accurate legal description is your foundation for a successful outcome.