How to Find the Legal Description of a Property: Steps to Follow
Knowing how to find the legal description of a property is essential for real estate transactions, boundary disputes, or conducting proper due diligence. A legal description is a detailed way of identifying a property that goes beyond a street address, providing clarity on exact boundaries and ownership. Whether you’re a buyer, investor, or simply a property owner, understanding the legal description is a crucial step in managing or acquiring real estate.
This guide will help you navigate the process, from understanding what a legal description is to locating it using reliable sources.
What is a Legal Description of a Property?
A legal description of a property is a formal, legally recognized way to describe and identify a parcel of real estate. Unlike a street address, which can change or be imprecise, a legal description provides an accurate representation of the property’s boundaries, size, and location.
Legal descriptions typically include details like lot numbers, boundaries, and geographic references that are officially recorded with local authorities. These descriptions are often found in deeds, tax records, and land surveys, and they ensure that property transactions are legally sound and clear of ambiguities.
Why You Need a Legal Property Description
Having a legal description of a property is essential for several reasons:
Real Estate Transactions: When buying or selling property, the legal description is required to complete the paperwork accurately.
Boundary Disputes: In case of disagreements over property lines, a legal description can resolve conflicts.
Zoning and Permits: Legal descriptions are needed when applying for construction permits or understanding zoning regulations.
Property Tax Assessments: Local tax authorities use legal descriptions to assess property taxes.
Title Insurance: Title companies rely on legal descriptions to ensure clear ownership and identify potential issues.
Without an accurate legal description, transactions or legal processes can become complicated, leading to delays or disputes.
Where to Find the Legal Description of a Property
To find the legal description of a property, you can refer to several sources:
Property Deed: The most reliable source is the current property deed, which can be obtained from the local county recorder’s office or the property owner.
Title Insurance Policy: If you purchased title insurance, the policy should include the legal description.
County Tax Records: Local tax assessors maintain property records that include legal descriptions.
Surveyor’s Report: If a land survey has been conducted, the survey report contains a detailed legal description.
Online Property Records: Many counties offer online databases where you can search for property records by address or parcel number.
Step-by-Step Guide to Locating a Legal Description
Follow these steps to locate a property’s legal description:
Check the Property Deed:
Visit the county recorder’s office where the property is located.
Request a copy of the current deed by providing the property’s address or the owner’s name.
Review Title Insurance Documents:
If you recently purchased the property, review your title insurance policy for the legal description.
Search County Tax Records:
Access the county tax assessor’s office or website.
Enter the property’s address or parcel number to find the record.
Hire a Professional Surveyor:
If you need a precise, up-to-date description, consider hiring a licensed surveyor to conduct a land survey.
Access Online Databases:
Some counties provide online access to property records. Search for the county’s property database and look up the legal description by entering the property details.
By following these steps, you can ensure that you have the correct legal description for any real estate transaction or legal process.
Common Types of Legal Descriptions
Legal descriptions can take different forms depending on the property’s location and history. Here are the most common types:
Metes and Bounds:
Describes the property’s boundaries using physical features, distances, and angles. This method is often used for irregularly shaped parcels.
Lot and Block:
Common in residential subdivisions, this description refers to specific lot and block numbers within a recorded subdivision plat.
Government Survey System (Rectangular Survey):
Used primarily in the U.S., this system divides land into townships, ranges, and sections.
Platted Description:
Found in subdivisions where properties are mapped out in a recorded plat map.
Understanding these types of legal descriptions helps you interpret property records accurately.
Conclusion
Accurately finding the legal description of a property is a critical step for anyone involved in real estate. Whether you’re buying, selling, or resolving a boundary dispute, a detailed legal description ensures you have clear, legally recognized information about the property.
If you’re looking to dive deeper into real estate investing or gain practical knowledge, Dwanderful is an excellent resource. Founded by Dwan, a seasoned real estate investor and podcast host, Dwanderful offers tools and insights for new and experienced investors alike. Be sure to check out Dwan’s free book, “Real Estate Lingo,” and her comprehensive paid guide, “Five Pillars of Real Estate Investing,“ to help you navigate the world of real estate with confidence. Contact us now!
Frequently Asked Questions:
1. What if I can’t find the legal description on my deed?
Check with your county recorder’s office or request a professional survey to ensure you have the most accurate description.
2. Can I find the legal description of a property online?
Yes, many counties have online databases where you can search by address or parcel number.
3. Why is the legal description different from the property address?
A legal description provides a detailed, precise boundary of the property, whereas an address is a general location identifier.
