Well, there are currently about 11 states that specifically require a full legal description of ownership on a mechanic`s declaration of privilege. Failure to properly identify the property could result in costly delays and possible invalidity of the entire claim itself. But even if you don`t work in one of these states, it`s still important to know that. The country description is intended to identify all the boundaries of a particular property. The inclusion of an accurate legal description of ownership is essential when transferring or pledging real estate. Such descriptions can get quite complicated, especially if a property crosses a municipal section or boundary. If there is an alleged problem with the legal description, the title company may request a survey to confirm that the legal description is correct and it will be closed – meaning that the starting point described in the legal description corresponds to the end point. In most states, property descriptions often include a reference to a community. This goes back to a survey plan drawn up by the federal government in 1785. A legal description is one that is legally sufficient to describe the property. Using the most recent deed for the property is usually the best way to ensure that the interest of the current owner passes to the new owner. Below is a list of other types of descriptions that are often not sufficient to be considered an adequate legal description: The exact method of changing the legal description of a property varies depending on the type of property and where you live, but it should be a fairly straightforward process.
Legal descriptions change frequently, especially as more accurate GPS tools highlight errors in the original description of properties. Contact your city or county authorities to learn more about the process in your area. Each community is divided into 36 numbered sections measuring one mile on each side. Therefore, you can see a description of the property that includes a reference to the municipality and the section, for example: All deeds in the chain of ownership of the property must have an identical legal description. It is usually found on the document after a sentence similar to: „the defined parcel or parcel of land described as follows”. Let`s say you`re an ordering hardware supplier. You have signed a contract, load the truck and drive to the address given to you by the contractor. When filing your lien, you provided the correct address and managed to get the full legal description of the property. However, the place where you delivered materials may not be the same place as the property to be improved. Often, applicants describe a drop-off location, construction site trailer, GC office or workshop, or other external location.
In the case of plated subdivisions, the description of the object is simplified. The property description used in deeds and other land deeds refers to the name of the subdivision and the lot number. For example: the description reflects the rudimentary tools used at the time to probe the country. You will often see traces of trees, rocks, bridges, rivers and other bodies of water. If you carefully read the legal description in your document and compare it with the legal description in a previous document, you can ensure that your document contains the corresponding legal description. If you have read other articles about filing privileges on this website, you may have noticed that we often use the term full description of legal ownership. This is because these descriptions can get quite long, especially Metes and Bound`s descriptions. Forgetting the last measurement or identifying a block, but not the lot it contains, is insufficient as a legal description. Some legal descriptions are very simple and involve a lot and block in the name of a subdivision, but even these peculiarities can be wrong when checked by surveying equipment. The legal description (and in some cases the municipal maps to which it refers) allows us to determine the size, shape, boundaries and location of a parcel. That`s why legal descriptions are required on every deed, and that`s why surveyors need this information to do their job.
Alternatively, you may be able to search the local tax inspector`s online records and review tax returns with the legal description. However, not all tax inspectors capture the full legal description on invoices, so relying on it for a transaction is not the best option. This problem can also occur with residential projects.
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