When you’re buying a home, do you know exactly what you’re buying? That’s where the legal description of property comes in.
If you’re looking to buy a home, it’s important to know what the legal description of property is and where to find it. The legal description of property is a document that describes in meticulous detail where the property boundaries lie. It is the exact description of what you are buying, so it’s important that it’s accurate and you know where to find it in case any property disputes arise.
Learn more about what a legal description of property is.
Unfortunately, it can be confusing to find (and even more confusing to read). But arm yourself with this information on how to find the legal description and you can be comfortable knowing you’re a responsible homebuyer.
Where should I start?
Start by finding the property deed. Most (but not all) deeds include the legal description as part of the deed or as an attachment or appendix. Where you find the deed varies from county to county. Most counties have a copy on file at the county assessor’s office or the county recorder’s office.
Thanks to the increase in records becoming digitized, you can start by searching online for these documents. If you can’t find a digital record, call the assessor’s office and they’ll be able to tell you if they have it, or where you can find it if they don’t. Even if they don’t have the actual deed, they may have the legal description, so it’s worth asking about it specifically. Most of the time, you’ll have to pay a small fee to have the deed copied or mailed to you.
I have the deed, now how do I find the legal description of property?
If the legal description of property is part of the deed, search for language similar to, “Legal description follows.” It usually appears on the second or third page of the deed, and may be indented. If it is part of an attachment or appendix to the deed, the description will be mentioned in the deed followed by a note on where to find it such as, “See Appendix A.”
What if it isn’t on the deed?
The best place to check next is with the title company that was involved in the closing. If for some reason the title company isn’t immediately available, you can reach out to any agents, attorneys, or officials involved in the previous sale.
How do I decipher the legal description of property?
Some legal descriptions are straightforward, for example if the property is a condo or located in a developed neighborhood. In those instances, they typically list the property’s lot and block number within its designated subdivision.
However, if the legal description is in the more complicated metes and bounds format, you’ll need to understand surveying terms and get a surveyor’s map of your city to understand it. Being able to read and understand the legal description of property isn’t necessary. Your real estate agent or attorney will know what to do with it.
The main purpose of the legal description is to have documented proof of exactly what you are buying and ensure that it matches with what the seller is telling you. So as long as you have a professional who can read it, you don’t have to understand it yourself.
Why is the language so confusing?
It has to do with the way cities and parcels of land are measured by surveyors. The most common type of legal description (and, unfortunately, the most confusing) is called a metes and bounds description. This description starts with the property’s location on the city grid map, in addition to or in place of the latitude and longitude of the property. The property’s boundaries may be described in terms of feet, degrees, relationship to the city grid, or relative position to landmarks and natural features.
The other common legal description, a subdivision or lot and block description, is much simpler. These typically list the name of the subdivision, the lot number, and the block number.
What if I can’t still can’t find the legal description of property?
If you’re having problems even after contacting your local government agencies, it could be because they are understaffed or their records aren’t organized properly. However, the title company that handled the previous closing should always be able to provide you with the legal description. If they can’t, something is wrong and you need to escalate this with your real estate agent or lawyer.
