Why Real Estate Legal Descriptions Matter--A LOT

A real estate legal description is a detailed and precise way to identify and describe a specific piece of property. It provides an accurate and unique representation of the property's boundaries, location, and other essential details. The legal description is typically used in legal documents such as deeds, contracts, and property records to ensure clarity and specificity.

There are three different formats of legal descriptions: rectangular survey system – also known as sectional ground, lot and block, and metes and bounds. Your legal description is found in your title commitment that should be sent to you from your title company once you are "in contract" on the purchase of a home. 

Often times on county websites, you will see an abbreviated legal description, but although it may be convenient it can not be used for official purposes like buying a home or transferring title to a family member or third party.

When dealing with a legal description for real estate, there are several important factors to watch out for to ensure accuracy and avoid potential issues. Here are some key considerations:

Accuracy: The legal description must be precise and accurate to avoid any confusion or disputes. Verify that the information provided matches the official records and survey plans. Errors or inconsistencies in the legal description could lead to complications in property ownership or boundary disputes.

Real Life Local Scenario: A seller with 50 acres decided to sell off 10 acres and  the house that was on that 10 acre portion . The listing agent got a legal description from the Title company and attached it to the listing. The buyer and buyer's agent attached that legal description in the purchase and sale agreement. The legal  description provided was mistakenly for the entire 50 acres, not just the 10 acres and house. The mistake was discovered prior to closing and all parties were supposed to sign a new legal description at closing. The seller signed but the buyer did not. Now the buyer is claming that they bought all 50 acres and wants to take all the old growth trees down on the 40 acres and sell them. The seller says that  the 40 acres was not part of the sale and the buyer can not take down the trees on his property. (Lawsuit in progress).

You want to be especially careful with legal descriptions when the property has changed configurations , as in the above case. It went from a 50 acre partial to two parcels; one 10 acre and one 40 acre. As you can see, the correct legal description is important!. Here are some things to pay attention to.

Boundaries and dimensions: The legal description should include clear and specific information about the property boundaries, such as metes and bounds, distances, angles, and landmarks. Double-check that the dimensions provided match the actual property and its boundaries. 

Encumbrances or easements: Look for any encumbrances or easements that may affect the property, such as rights of way, utility easements, or access restrictions. These details are crucial for understanding the property's limitations and potential future uses. Make sure you ask the seller if they have provided an easement or right away to any of their neighbors and if so when did they do it.

Zoning and land use: Confirm that the legal description aligns with the property's zoning designation and permitted land use. This information is vital for determining the property's potential for development or specific uses.

Consistency with title documents: Ensure that the legal description matches the information found in the title documents, such as the deed or title insurance policy. Any inconsistencies should be resolved before proceeding with any real estate transactions.

Professional assistance: When dealing with legal descriptions, it's advisable to seek professional assistance from a qualified real estate attorney, surveyor, or land expert. They can review the legal description, assess its accuracy, and provide guidance to avoid potential pitfalls. You can also have your real estate agent confirm with a title company as to whether or not the legal description is accurate.. 

Historical changes: Keep in mind that property boundaries and legal descriptions can change over time due to subdivision, consolidation, or other factors. Check for any historical records or updates that may impact the current legal description.
Remember, the legal description serves as an essential document for identifying and defining the property. By paying attention to these factors and seeking expert advice, you can mitigate risks and ensure a smooth real estate transaction.