Decoding Property Lines: A Deep Dive into Finding Legal Descriptions

So, you need the legal description of a property. Where do you find this seemingly cryptic string of words and numbers that defines the very essence of a parcel of land? The most common places to retrieve a property’s legal description are:

• The Property Deed: This is the primary and most reliable source. Look for it within the recorded deed in the county where the property is located.
• County Recorder’s Office (or Register of Deeds): This office maintains records of all property transactions within the county. You can search their database or request a copy of the deed.
• Property Tax Records: The county assessor’s office or tax collector often includes the legal description on property tax statements or their online property search portals.
• Title Insurance Company: If a title insurance policy was issued for the property, it will contain the legal description.
• Surveyor’s Plat Map: A survey conducted for the property will include a plat map with the legal description clearly indicated.
• Online Property Search Tools: Many counties and some private companies offer online databases where you can search for property information, including the legal description.
• Real Estate Professionals: A real estate agent or attorney can often assist in obtaining the legal description, particularly if you are working with them on a property transaction.

But understanding where to find it is just the beginning. Let’s delve deeper into the “why” and “how” of legal descriptions, turning you into a veritable property description pro.

Understanding the Legal Description: More Than Just an Address

The legal description is far more than just a street address. It’s the precise, legally recognized identifier of a property, used in deeds, mortgages, and other legal documents. Think of it as the property’s DNA. It provides a specific and unambiguous definition of the land, minimizing the potential for boundary disputes and ensuring clear ownership. A simple street address can be duplicated, changed, or confused; a legal description, when properly recorded and interpreted, should be unique and permanent.

Types of Legal Descriptions: Navigating the Labyrinth

There are several primary methods used to create legal descriptions, each with its own nuances:

• Metes and Bounds: This is the oldest and arguably most complex system. It uses distances (metes) and directions (bounds) to define the property’s boundaries, starting from a known point (point of beginning) and following a specific path until returning to the starting point. Phrases like “thence North 45 degrees East 200 feet” are hallmarks of this system. Understanding angles and compass directions is crucial when working with metes and bounds.
• Lot and Block: Commonly used in platted subdivisions, this system references a recorded subdivision plat map. The legal description simply states the lot number and block number within the named subdivision, as recorded in the county records. For example, “Lot 12, Block B, of Sunny Acres Subdivision, as recorded in Plat Book 5, Page 20, of the County Records.”
• 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. Townships are six miles square, and each township is divided into 36 one-mile-square sections. Descriptions using this system might read something like “The Northwest Quarter of Section 10, Township 2 South, Range 3 East.”
• Condominium Descriptions: These descriptions identify the specific unit number within a condominium development, along with a reference to the recorded condominium declaration and plat map. They often include percentages of ownership in common areas.

The type of legal description used depends on the location of the property and how it was originally subdivided. Recognizing the different types is the first step in accurately interpreting and using them.

Finding the Legal Description: A Step-by-Step Guide

Let’s break down the process of finding the legal description, using the most common sources:

1. Start with the Deed: If you have access to the property deed, carefully examine it. The legal description is typically found near the beginning of the document, often in the “Granting Clause” or a separate exhibit. Look for headings like “Legal Description,” “Exhibit A,” or similar identifiers.

2. Visit the County Recorder’s Office: If you don’t have the deed, the County Recorder’s Office (or Register of Deeds) is your next best bet. Most offices have online databases where you can search for property records by owner name, address, or parcel number. Once you locate the deed, you can view and download it (often for a small fee). If online access is limited, you can visit the office in person and request assistance from the staff. Be prepared to provide as much information as possible to aid in their search.

3. Check Property Tax Records: The county assessor or tax collector’s office is another valuable resource. Their records often include the legal description, along with other property information like assessed value, ownership, and tax history. Many counties offer online property search tools, allowing you to find this information from the comfort of your own home.

4. Contact a Title Insurance Company: If a title insurance policy was issued for the property, contacting the title company that issued the policy is a good option. They should be able to provide you with a copy of the policy, which includes the legal description.

5. Consult a Surveyor: If you need a precise determination of the property boundaries or are dealing with a complex metes and bounds description, hiring a licensed surveyor is essential. They can conduct a survey of the property and provide you with a plat map showing the legal description.

Remember to verify the accuracy of the legal description by comparing it across multiple sources. Discrepancies, though rare, can occur and should be addressed promptly.

Frequently Asked Questions (FAQs)

Here are some frequently asked questions regarding property legal descriptions:

1. What is the difference between a legal description and a property address? A property address is a postal address used for mail delivery and general identification. A legal description is a precise, legally recognized description of the property’s boundaries, used in legal documents to define ownership.

2. Why is the legal description important? The legal description is crucial for ensuring clear ownership, preventing boundary disputes, and accurately conveying property in deeds, mortgages, and other legal transactions. It’s the definitive identifier of the land itself.

3. Can I change the legal description of a property? Generally, no. A legal description is based on a recorded plat or survey. Changes usually require a subdivision or boundary adjustment, which must be approved by local authorities and recorded in the county records.

4. What is a plat map? A plat map is a drawing that shows the layout of a subdivision, including lot lines, easements, and other features. It is recorded in the county records and used to define property boundaries.

5. How do I interpret a metes and bounds legal description? Interpreting a metes and bounds description requires understanding surveying terminology, angles, and compass directions. It is often best left to professionals, such as surveyors or real estate attorneys.

6. What is an easement? An easement is a legal right to use another person’s property for a specific purpose, such as access or utilities. Easements are often described in the legal description or in separate recorded documents.

7. What is a parcel number? A parcel number (also known as an assessor’s parcel number or APN) is a unique identifier assigned to each property by the county assessor for tax purposes. It is not the same as the legal description, but it can be used to find the legal description in county records.

8. Is the legal description the same as the GPS coordinates of a property? No, although GPS coordinates can provide an approximate location, they are not the same as the legal description. The legal description is a specific, legally recognized definition of the property’s boundaries.

9. What if I find errors in the legal description? If you suspect errors in the legal description, consult with a real estate attorney or a licensed surveyor. They can help you investigate the issue and take steps to correct it.

10. Where can I find a glossary of terms related to legal descriptions? Many online resources provide glossaries of surveying and real estate terms. Look for resources from professional surveying organizations or legal websites.

11. How much does it cost to obtain a legal description? The cost to obtain a legal description varies depending on the source. Accessing records online might be free or incur a small fee. Obtaining copies of deeds from the county recorder’s office typically costs a few dollars per page. Hiring a surveyor can range from several hundred to several thousand dollars, depending on the complexity of the survey.

12. Can I use a legal description to determine if there are any encroachments on my property? While the legal description defines the boundaries of your property, determining encroachments requires a physical survey. A surveyor can identify any structures or features that extend beyond your property lines.