Legal Description and Its Importance in a Title Search of Real Property

Real property is one of the most valuable assets that people own. However, when purchasing or selling real property, there are numerous legal requirements that must be satisfied, and one of these is the need for a clear and marketable title. To obtain this, a title search is usually conducted, and an essential aspect of a title search is the legal description of the property.

What is Legal Description?

A legal description is a precise way to identify and describe a piece of real estate. It includes information such as the property's boundaries, its exact location, and any encumbrances or restrictions that affect the property. A legal description can be found on the property's deed, survey, or other official records.

The legal description is essential in a title search because it allows the title examiner to identify the specific property being sold and to ensure that there are no defects in the title. A defect in the title is any issue that affects the buyer's ownership or use of the property.

 

Types of Title Defects

Some of the most common types of title defects include:

Errors in the legal description: An incorrect legal description can cause significant problems in a title search. It may be challenging to determine the exact location of the property or to verify the property's boundaries. This issue can be resolved by obtaining a new survey of the property and updating the legal description accordingly.

Unpaid liens or judgments: If there are any outstanding liens or judgments against the property, they must be paid off before the title can be transferred. The title examiner will search for any outstanding liens or judgments and require that they be satisfied before the sale can close.

Missing heirs or unknown ownership interests: If there are missing heirs or unknown ownership interests, it can be challenging to determine who has the right to sell the property. The title examiner will conduct a thorough search of public records and may require the seller to obtain a court order clarifying ownership before the sale can close.

 Encroachments or easements: An encroachment occurs when a portion of the property extends onto neighboring property, while an easement grants someone else the right to use the property for a specific purpose. Both of these issues can affect the buyer's use of the property and must be resolved before the sale can close.

Addressing Title Defects

To address these defects, it is essential to have a clear and accurate legal description of the property. This information can be obtained from a survey, a plat map, or other official records. The legal description should include the property's boundaries, including any natural or man-made landmarks, such as streets or rivers.

In addition to the legal description, it is crucial to review any other documents that may affect the property's title, such as mortgages, liens, or judgments. The title examiner will carefully review these documents to ensure that they have been satisfied or released.

 

Solutions to Title Defects

Errors in the legal description: An incorrect legal description can cause significant problems in a title search. It may be challenging to determine the exact location of the property or to verify the property's boundaries. This issue can be resolved by obtaining a new survey of the property and updating the legal description accordingly.

Unpaid liens or judgments: If there are any outstanding liens or judgments against the property, they must be paid off before the title can be transferred. The title examiner will search for any outstanding liens or judgments and require that they be satisfied before the sale can close.

Missing heirs or unknown ownership interests: If there are missing heirs or unknown ownership interests, it can be challenging to determine who has the right to sell the property. The title examiner will conduct a thorough search of public records and may require the seller to obtain a court order clarifying Title of the Property.

  

There are several types of legal descriptions that can be used to describe a piece of real estate. The most common types include:

 Metes and bounds: This type of legal description uses physical features of the land to describe the property's boundaries. It typically starts at a designated point of beginning and then describes the boundaries in terms of the length and direction of each line. For example, "beginning at the intersection of Main Street and First Avenue, then proceeding north 50 feet, east 100 feet, south 50 feet, and west 100 feet to the point of beginning."

Rectangular survey: Also known as the government survey system, this type of legal description divides land into a grid-like system using meridians and base lines. Each section is described in terms of township, range, and section number. For example, "the property is located in Township 3 South, Range 2 East, Section 14."

Lot and block: This type of legal description is commonly used in subdivisions or plats. It identifies a specific lot by number and a block by letter. For example, "Lot 5, Block C of the Oakwood Subdivision."

Reference to a recorded plat: In some cases, a legal description may simply refer to a recorded plat that contains a detailed description of the property's boundaries. This is commonly used in subdivisions or plats.

Street address: In some cases, a legal description may simply use the property's street address to identify the property. This is common in urban areas where properties are well-defined by their address.

It is important to note that each type of legal description has its own unique advantages and limitations. For example, a metes and bounds description may be more accurate for irregularly shaped properties, while a lot and block description may be more appropriate for properties in a subdivision. Ultimately, the type of legal description used will depend on the specific property and the needs of the parties involved.


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