The legal description of property sets out exactly where your property begins and ends. The legal description is what everyone looks at when a property is bought and sold. It is what everyone looks at if there are any  questions or issues about the boundaries of the property. It is the document or description that tells you and the government exactly what you are buying, so that your property rights can be enforced. And it tells the bank exactly what you are buying, so that they can finance your home loan!
How is a Legal Description Written?
There are two main types of legal descriptions of property. The first is called metes and boundaries. The second is a subdivision description, or a lot description.
A metes and boundaries uses language that can seem obscure or complex, and can be difficult to read unless you are a surveyor or have previous experience. Â We’ll cover how to read this type of description below.
A subdivision legal description is much easier to read. It states the subdivision where the property can be found, and describes the acreage or other physical dimensions of a plot of land. It may list boundaries etc as well, but in general it is much easier to read. Not to mention, these plots were usually drawn up, mapped, and labeled in a more systematic manner, more clearly, and more cleanly.
Legal descriptions can also help you if there is any confusion about shared borders (such as a shared fence), vegetation, or any other concern.
Where Can I Find the Legal Description of My Property?
If you have a house under contract, you should be able to obtain the legal description from the title company that handled the home’s last sale. Even if you don’t have the property under contract, most sellers or title companies will be happy to provide you with a copy if you just ask. Your real estate agent can save you a lot of time and frustration here.
Occasionally, you may have to look up the legal description of property yourself. Buyers who don’t have the help of a real estate agent often have to do this work themselves if they want to know more about the property before committing to the seller.
If you are going to look up the legal description yourself, the first place to start is your county tax assessor. Many tax assessors’ offices contain a copy of the legal description of a property, so that they can know the exact property taxes to levy. This legal description will quite often be a part of the deed,or an appendix (attachment) to it.
Not every county tax assessor keeps legal descriptions of properties–but they are the best place to start. Call your local tax assessor’s office and ask. If they don’t handle deeds or legal descriptions, they can send you someplace that does (often the county recorder’s office).
How Do I Read the Legal Description of Property? It Almost Seems Like a Different Language!
Reading a legal description of property can seem scary at first, but it’s doable once you know how. Once you understand the legal description, you’ll have a definite advantage if you re-sell or take out a second mortgage. More importantly, you’ll feel secure in your current transaction.
If you are reading a subdivision-type description, or any legal description that identifies the property by lot number, you are at an advantage when it comes to finding the property. A “regular” metes and bounds description, however, starts with some sort of landmark, and then references one boundary of the property from that landmark. This landmark can be something either naturally made, or made by humans–anything from a tree to a road to a statue to a river.
Then, a typical meets and bounds legal description of property will describe the property’s boundaries in terms of north and south. The description may list the northern boundary first, and then describe another boundary in terms of north. Instead of saying, “45 feet East,” the description may say, “North 90 Degrees East 45 feet.” The description will continue this way around all of the property’s boundaries.
While this type of language is meant to be whole and self-referential, you can see that it can actually be quite confusing at first. But now that you know the way a legal description of property is laid out, you will be able to figure out what it says.
Unless, of course, it wasn’t written properly.
What if the Legal Description is Unclear–Or Just Plain Wrong?
Describing a property by reference to a landmark can leave a lot to be desired. After all, both natural and even human landmarks change all the time! This can make a legal description difficult to read.
Now, imagine that legal description has been told from one person to another, and then another, and then another, several times down the line. If a property has changed hands many times, it’s almost guaranteed that the legal description will need to be corrected, or at least clarified.
There are other reasons a legal description may be “off” a little bit. The description may be inconsistent with itself or ambiguous in spot. It may fail to create a closed shape, in which case you should definitely not “just connect the dots” to complete it!
In this case, you may need to have a court help define the property. Most courts have a system of ranking which part of a description of reliability, with natural landmarks first, human-made landmarks second, and then other factors in order.
As you can imagine, this is a good time to have a real estate agent on your team! If you don’t, then it is time to get one. At the very least, you will want to hire an attorney with the proper experience. Keep in mind though that lawyers charge by the hour, while a real estate agent’s fee is paid by the seller.
2 Point Highlight
If you have a house under contract, you should be able to obtain the legal description from the title company that handled the home’s last sale.
Reading a legal description of property can seem scary at first, but it’s doable once you know how.
Once you understand the legal description, you’ll have a definite advantage if you re-sell or take out a second mortgage.
