Metes and bounds real estate3/15/2023 This requires the preparer to pay special attention. When preparing a legal description, it is important to use the exact legal description that appears on the most recent deed to the property. In most cases, there’s no substitute for simply locating the most recent deed to the property and using the legal description found on that deed. A street address is not sufficient to serve as an adequate legal description of the real estate. Street addresses often change, and they were never intended to provide a reliable description for purposes of deed preparation. A street address is not a legal description. And because the tax records are not legal records, the summary description show in the tax records may actually describe a different property than the prior deed. Depending on the county and state, the property tax records may use a brief description that is inadequate to legally describe the property. Property tax records are not the same thing as land records. The description shown in the property tax records.The following is a list of other types of descriptions that are often insufficient to qualify as an adequate legal description: Using the most recent deed to the property is usually the best way to ensure that the current owner’s interest passes to the new owner. Comparison with Other Forms of DescriptionĪ legal description is one that is legally sufficient to describe the property. Click here to order our legal description assistance service. Need help locating your legal description? Our legal description assistance service can locate your legal description for you and re-type it for use on your new deed. For example, the body of the deed may refer to the property as “… the property described on Exhibit ‘A’ attached hereto.” Exhibit “A” will be attached to the deed and contain the legal description. If so, the body of the deed will usually reference the attached legal description. Sometimes, the legal description is attached as an exhibit to the deed. See the examples below for an illustration. The legal description is often double-indented or set in boldface type to set it apart from the rest of the deed. Legal descriptions are usually preceded by words of introduction, such as “… described as follows.” This language indicates that the legal description is about to begin. The legal description is usually contained in the body of the deed. The best place to find a legal description is usually the most recent deed to the property (the deed that conveyed the property to the current owner). Knowing the different types of legal descriptions isn’t as important as knowing where to find the legal description to the specific property being conveyed. There are a few different types of legal descriptions (discussed below), but these distinctions are often irrelevant to the deed preparation process. How to Locate the Legal Description of Real Estate In most situations, the best practice is to use the legal description from the most recent deed to the property. When preparing a deed, it is important to use the correct legal description. A legal description is a description of real estate that is sufficient to identify it for legal purposes.
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