When renting, purchasing or selling real estate or property, the landowner, seller and or a purchaser, in order to safeguard their interests in the real estate will need to know to which land exactly their interest has been attached too. For this purpose, a ‘legal description’ of real estate is used by renters, purchasers or sellers in order to identify the property, describe it and locate it in order to secure their interest.
What is the Legal Description of Real Property?
In Real Estate law, real property is held to be any property which is attached to or affixed to the real estate. This classification includes the building as well as the land which it is affixed to and surrounded by. A ‘legal description of property’ aims to provide information which can be relied upon to identify the real property in such a way that it can be completely distinguished, demarcated and identified. There are various methods of legally describing property, however most of them rely upon strict identifiers which hold some degree of permanence and are unlikely to change, deteriorate or be altered over time. Therefore, it is focused more on the boundaries of the land rather than any building (which may change over time) built upon it.
A survey is generally required to be done in order for a proper legal description to be made. Real Estate lawyers are ideally recommended to provide the service of forming a proper legal description of property. Where an inadequate or improper description is made the sellers of real estate might find their interests as stake as the sale of property may be held null and void.
Writing A Legal Description Of Property
The services of Real Estate Lawyers are recommended in getting a legal description of the real property in question. This will help the seller or purchaser ensure that the land is correctly identified in compliance with any local, provincial or federal laws.
Description of the Land:
The description of the real-estate itself must serve to correctly identify the boundaries of the real property in question. This is done in various ways;
- By Fractional Designation: Utilizes rectangular surveying to accurately describe the land in sections.
- By the Metes and Bounds method uses reference points of streets, hills, rivers etc. to identify the property in question at all points North, South, East and West.
- By a Lot and Block Survey: this method divides the land into lots and blocks in order to correctly identify the property.
Quantity Of Land
The Quantity of land is not a legal requirement but is generally included in real estate agreements. The quantity for land itself is generally stated in the measurement of acres whereas buildings are identified in measurements of square footage. The Quantity of land is not a legal requirement however as the land surveys done in order to formulate the legal description of property will demarcate the boundaries of the land in question.
Like the quantity of land an agreement for sale or purchase of real estate does not legally require that the street address be present in the legal description of real property. This is because street names and thus addresses can change.
For more information please contact one of our experienced Real Estate Lawyers at MEHDI AU LLP.
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