The legal description of a property is a precise description of a piece of land that is recognized by law. It is vital to have a clear understanding of the property’s legal description, as it ensures that the boundaries of the land are defined and that there is no dispute or confusion regarding ownership rights.
The legal description usually includes not only the address and physical dimensions of the property but also the legal boundaries, such as metes and bounds, the lot and block number, and any easements or restrictions that may affect the property. In this article, we will review the importance of understanding the legal description of the property and how it can help protect your property rights.
Legal Description FAQs
1. What is a legal description of a property?
A legal description of a property is a specific and detailed written information about a plot of land that identifies the boundaries of the property and the rights that come with the ownership.
2. Why is it important to review the legal description of a property before buying it?
Reviewing the legal description of a property before purchase enables the buyer to have a clear understanding of the boundaries, any easements, and restrictions on the property thus averting future complications.
3. What are some common issues that can be uncovered by reviewing the legal description of a property?
Some common issues uncovered include having an inaccurate legal description, discrepancies in boundary lines affecting the area, and potential easements that may hinder any future developments.
4. Can a legal description be changed after the sale/purchase agreement is signed?
No, once the sale/purchase agreement is signed, any changes to the legal description would require a court ruling, thus it is essential to ensure the accuracy of the legal description from the outset.
5. What steps should one follow when reviewing the legal description of a property?
The first step is to obtain the legal description from the title record, then proceed to compare it with the property’s physical boundaries and specifications. Ensure that there are no discrepancies, and confirm that the property is in compliance with the survey.
6. Who prepares the legal description of a property?
Typically, the legal description of a property is prepared by a licensed land surveyor, an attorney, or both. It should be a detailed and accurate representation of the property’s legal boundaries and specifications.