Finding title deed should be a simple process, but sometimes documents are saved in such a way that it can be difficult to find them. If you run into problems, consider these options. A solid understanding of where and how to get a legal description of the property is essential to the smooth running of your project. Rebecca K. McDowell is a creditor rights lawyer with a particular focus on bankruptcy. She holds a B.A. in English from Albion College and a J.D. from Wayne State University Law School. She has written legal articles for Nolo and the bankruptcy site. If you search for the legal description of the property with the owner`s name and leave empty-handed, it may mean that this person is not the actual owner of the property.
In most states, property descriptions often include a reference to a community. This goes back to a survey plan drawn up by the federal government in 1785. Any part of the missing description interferes with the correct filing of privileges. Metes and bounds is a method that describes the boundaries of a property relative to its physical cues. It starts from a starting point and gives descriptions around the whole terrain until it returns to the same point. For example, a property in XYZ County ABC Subdivision may have a block and lot description similar to the following: „Lot 10, Block 20, ABC Subdivision, as recorded in the XYZ County Flat Book in Book 45, page 350.“ Many people make the mistake of describing the physical characteristics of the property when creating a legal description. You can find the description in an ongoing contract of sale for the property, but the best way is to look for it at the county clerk or deed clerk. This is also known as the District Assessor`s Office.
So if you read the description and see the mention of a tree or hill in the middle of the country, it is not completely valid and needs to be re-evaluated. This is the worst-case scenario in terms of legal property descriptions, but it can happen. Some certificates have descriptions created before GPS measurements were available, and others have errors that were unknowingly passed from one owner to another. There are different systems that are used to create these descriptions. Every county is different, so contact your local appraiser`s office to find out what you need to do to access the legal property description for your project. There are two main types of legal descriptions: lot and block descriptions, which are most often associated with subdivisions; and Metes and Bounds descriptions, which are used for non-dividing properties. Some legal descriptions include both lot and block descriptions and boundaries and boundaries. If the property is not subject to a subdivision area, and especially if it has an irregular shape, more complex descriptions will be posted, allowing a surveyor to measure and mark the boundaries of the property. A legal description is the written way of defining the location of the property, the boundaries and any existing easements on the property. The legal description is usually provided in a deed, mortgage, title bond, or other purchase document. It may also be obtained from a county clerk, tax inspector or similar official. It seems crazy that this can be a problem, especially with a property that has been around for many years, but sometimes the description in the deed can represent the wrong lot.
Neither the address nor the tax identification number is a sufficient description to transfer or encumber the property. Going through the mechanical privilege process alone can be difficult. There are many requirements, instructions and deadlines that must be met. And that`s not all, it is particularly difficult to gather all the information necessary for advance rulings and mechanical privileges. One thing contractors often struggle with is conducting legal research for property descriptions. In this guide, you`ll find everything you need to know about legal property descriptions and how to search for them. The best place to find a legal description is usually the last deed of ownership (the deed that transferred ownership to the current owner). The legal description is usually included in the body of the document. Legal descriptions are usually accompanied by introductory words such as „. as described below.
This wording indicates that the legal description will begin shortly. The legal description is often double-indented or bolded to distinguish it from the rest of the document. See the following examples for an illustration. „So how do I find the legal description of a property?“ you may ask. **Disclaimer: The above legal description contains fictitious data for demonstration purposes only. It does not describe a parcel that actually exists. If a property is in a subdivision, the legal description can be very simple. It usually refers to one or more lots, the block (or blocks) on which the lots are located, in the name of the subdivision, the county and the state. This one sounds a bit silly, but you`d be surprised how often it happens.
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