Who Needs to Have Sufficient Data to Locate a Parcel with a Legal Description

Thus, the property can be described by reference to other documents, such as a subdivision map, as it contains the Metes and Bounds description of the property. The document referenced in a deed is included in the deed as the source of the Metes and Bounds description of the transferred property. [Edwards v. Lewis (1938) 25 CA2d 168] However, extrinsic evidence cannot be used to provide the document with a missing description or to correct an incorrect description. Metes and bounds: This type of legal description dates back hundreds of years. Descriptions of Métis and markers were used in the original 13 settlements before the rectangular survey system was developed. A description of bounds and boundaries uses boundary lengths and angles that begin at the starting point (POB). A mete is a dividing line and the boundaries are the area surrounded by the metes – hence the name. Starting with the POB, it describes the length of each boundary and the angle it forms with the previous boundary. This continues to the end point (POE), which is identical to the starting point, because all properties must have closed boundaries. For the purposes of maintaining property tax records, the local tax office usually attaches an identification number to each package. This can be referred to by different names, such as “Tax Identification Number”, “Package Number” or “Folio Number”.

The court recognized that Mehta`s trust deed had been registered “first on time” and therefore if enforceable, it would take precedence over the tax department`s privilege. But to be enforceable, “a trust deed must adequately describe the property it secures” and “the description must be such that the land can be identified or located on the ground by the use of the land.” The pilot and block method tends to be used in more densely populated areas, these are based on a “flat system”. It was at this time that urban planners divided real estate into general shapes such as rectangles to control growth and provide access to public services. The platform is the largest section of land, which is then divided into blocks, which are then divided into plots. A typical lot and block description looks like this: Performing a legal property description search on your own can be difficult, but not impossible. The best place to find a legal description of the property is to find the deed. This is a legal document that proves ownership of a particular piece of land. There are certain steps you can take yourself to find the full legal description of the property.

The court further found that a trust deed without sufficient legal description of ownership is void – even “unrelated to fraud claims.” It uses landmarks and distances to measure the perimeter of the property described in the legal description and is based on the physical characteristics of its geography as well as directions and distances. Are you confused when you`re just learning to read legal property descriptions? Unlike a lawyer, who is an agent who has the discretion to decide whether to conclude a deed without the prior authorization of the grantor, an amanuensis has a purely ministerial obligation. The amanuensis signs a document according to the instructions, without exercising any discretion or personal judgment. In the case of plated subdivisions, the description of the object is simplified. The property description used in deeds and other land deeds refers to the name of the subdivision and the lot number. For example: Your address is also far behind a legal description, as it is unreliable and can change. Quick question about legal property descriptions in TN. If you put the legal description of the title on a title policy or warranty deed, does the legal description have to exactly match the capital letters, punctuation, abbreviation and symbol? For example, instead of R-O-W for right of way, is ROW acceptable? Is it appropriate to use the “No” designation in lot descriptions? (Lot No. 7 and 8 vs Lot 7 and 8) I know it`s a stupid question, but it`s a discussion we`re having. Sometimes property owners confuse legal descriptions with other descriptions of the property, such as its civic address or description in property tax records. The same can happen with residential projects, as the lien holder can name a person as the owner, but it is actually a married couple who own the property.

If nothing appears in the owner`s search, try the municipality address or parcel number. It allows you to determine exactly where a particular plot of land is. The description of a parcel in a deed must be sufficient for the property transferred to be identified and located with sufficient certainty by a land surveyor. [Best v. Wohlford (1904) 144 C 733] As one of the most important pieces of information involved in real estate transactions, legal descriptions are important to understand before buying a property. Appraiser Parcel Numbers (APNs) also describe real estate. So, is it enough for a trust deed to be based only on a reference to an NPA? If you have read other articles about filing privileges on this website, you may have noticed that we often use the term full description of legal ownership. This is because these descriptions can get quite long, especially Metes and Bound`s descriptions. Forgetting the last measurement or identifying a block, but not the lot it contains, is insufficient as a legal description. Fraction: This type of legal description describes a property by dividing it into sections.

States will have an east-west axis and a north-south axis drawn through their center like a Cartesian graph. For example, real estate is transferred by a deed that designates the property as “Occidental Mill Site, with 4.95 acres, a fraction of lot 2…” Described. The use of the common name of the property in the deed is sufficient to locate the boundaries and identify the transferred property.