Legal descriptions

What Is a Legal Description?

A legal description is a detailed, unambiguous written statement that precisely identifies a parcel of real property for legal purposes. Unlike a simple street address, which serves as a general locator, a legal description provides the exact location and measurements of land, ensuring that it is uniquely identified and distinct from all other properties. This precision is critical in real estate law and property management because it forms the foundation for property ownership, transfers, and boundary definition. A proper legal description is required for various official real estate documents, including deeds, mortgages, and title insurance policies. It defines the physical boundaries of a property, allowing surveyors to locate and delineate the land on the ground, and is essential for preventing future boundary disputes.¹⁸

History and Origin

The need for precise land identification emerged with early concepts of private property and land transfer. In the United States, two primary systems of legal descriptions developed to survey and record land. Along the East Coast, particularly in the original thirteen colonies, the "metes and bounds" system became prevalent. This method describes property boundaries by detailing measurements (metes) and directions, referencing natural landmarks like trees, rivers, or stones, as well as artificial monuments such as walls or roads (bounds). This system, while historically significant, can be less precise and prone to disputes due to the impermanence of natural markers.¹⁶, ¹⁷

As the U.S. expanded westward, a more standardized system was required to efficiently survey vast tracts of newly acquired public lands. This led to the creation of the Public Land Survey System (PLSS), also known as the Rectangular Survey System, by the Land Ordinance of 1785.¹⁵ Proposed by Thomas Jefferson, the PLSS provided a systematic method for dividing land into townships, ranges, and sections, facilitating the sale and settlement of the public domain.¹³, ¹⁴ This monumental undertaking, primarily managed by the Bureau of Land Management (BLM) and its predecessors, involved surveying nearly 1.5 billion acres into standardized parcels.¹² The PLSS is a coordinate-based system, with distances and bearings referenced from north-south running meridians and east-west baselines.¹¹

Key Takeaways

• A legal description is a unique and precise textual identification of a parcel of real estate, distinct from a street address.
• It is fundamental for legal documents such as a deed, mortgage, and title insurance.
• The two main systems in the U.S. are metes and bounds, and the Public Land Survey System (PLSS).
• Legal descriptions are essential for conducting accurate land survey measurements and resolving boundary disputes.
• They are recorded in public records to establish a clear chain of title.

Formula and Calculation

A legal description does not involve a mathematical formula in the traditional sense, as it is a textual description rather than a numerical calculation. However, the creation and interpretation of metes and bounds descriptions rely heavily on angular and linear measurements provided by a land survey. Surveyors use principles of geometry and trigonometry to measure distances and angles between established points (monuments) to define the boundaries of a property.

For example, a metes and bounds description might read:

"Beginning at an iron pin found at the Northeast corner of Lot 5; thence S 85°00'00" E for 150.00 feet to a concrete monument; thence S 05°00'00" W for 100.00 feet to a rebar; thence N 85°00'00" W for 150.00 feet to a pipe; thence N 05°00'00" E for 100.00 feet to the point of beginning."

In this example:

• S 85°00'00" E represents a bearing (direction) of 85 degrees, 0 minutes, 0 seconds East from South.
• 150.00 feet and 100.00 feet represent distances.
• iron pin, concrete monument, rebar, and pipe are boundary markers or monuments.

The accuracy of such descriptions is paramount for avoiding discrepancies and defining the precise extent of land.

Interpreting the Legal Description

Interpreting a legal description requires understanding the specific terminology and surveying methods used. For a metes and bounds description, one must follow the narrative, starting from a "point of beginning" and tracing each boundary segment by its direction and distance until returning to the origin, thereby enclosing the parcel. This method often references physical markers or natural features.

For properties within the Public Land Survey System (PLSS), interpretation involves locating the property within a vast grid of townships, ranges, and sections. A typical PLSS description might identify a property as "The Northwest Quarter of the Southwest Quarter of Section 10, Township 3 North, Range 2 West of the 5th Principal Meridian." This hierarchical system allows for precise identification down to a specific 40-acre parcel.

Property owners and prospective buyers should review the legal description carefully, ideally with a professional surveyor or real estate attorney, to ensure it accurately reflects the intended property boundaries and to identify any potential easement or encumbrance that might affect the use of the land.

Hypothetical Example

Consider a hypothetical residential property in a state that primarily uses the Public Land Survey System (PLSS). A potential buyer, interested in a new home, receives a copy of the preliminary title report, which includes the legal description.

The legal description reads:

"Lot 15 of Block 3, of the Autumn Ridge Subdivision, according to the plat thereof recorded in Plat Book 7, Page 42, of the Public Records of Green Valley County, State of Arcadia."

Here's how this legal description functions:

1. Subdivision Name: "Autumn Ridge Subdivision" identifies the specific planned community or development where the property is located.
2. Lot and Block Number: "Lot 15 of Block 3" pinpoints the specific parcel within that subdivision. This is a common method for properties within developed areas.
3. Reference to Plat Book: "Plat Book 7, Page 42" directs to a specific official document recorded in the county's public records. This plat map provides a detailed diagram of the entire subdivision, showing the precise dimensions, boundaries, and any easements for each lot, including Lot 15.

This type of legal description simplifies property identification compared to metes and bounds for developed areas, as the full detail for all lots within the subdivision is consolidated on a single or a few recorded plat maps. When the buyer performs due diligence, they can easily access this public record to visualize the exact boundaries of Lot 15.

Practical Applications

Legal descriptions are indispensable in various aspects of finance, real estate, and legal processes:

• Property Transfers: Every time property ownership is transferred, such as through the sale of a home or inheritance, the legal description must be included in the deed to ensure that the exact parcel of land is conveyed from the grantor to the grantee. Without a precise legal description, the transfer could be legally invalid.
• Mortgage and Lending: Lenders require accurate legal descriptions in mortgage documents to secure their interest in the specific real property. This ensures that in the event of default, the collateral can be clearly identified and foreclosed upon.
• Title Insurance: Title insurance policies rely on the legal description to define the boundaries of the property for which title is being insured. Any discrepancies in the legal description can lead to issues with a clean chain of title and potential title claims.
• Public Records and Taxation: Legal descriptions are recorded in county public records, often maintained by a County Assessor/Recorder, to provide a public record of property boundaries and ownership. This information is also used by local governments for assessing property taxes. The San Diego County Assessor/Recorder/County Clerk's office, for example, outlines specific requirements for documents presented for recording, emphasizing that the property must be clearly located within the county and in compliance with state and local laws.
• ⁹, ¹⁰Boundary Disputes: When disagreements arise between neighbors over property lines, a professional land survey based on the legal description is often the primary tool for resolution. Surveyors interpret the legal description to re-establish property corners and boundaries on the ground, providing factual evidence for mediation or litigation.

⁶, ⁷, ⁸Limitations and Criticisms

While essential, legal descriptions have certain limitations and can sometimes lead to complications:

• Complexity and Interpretation: Older metes and bounds descriptions can be highly complex, relying on antiquated terminology or references to ephemeral landmarks (e.g., "the old oak tree by the creek"). Such descriptions can be challenging to interpret accurately without historical context or the expertise of a professional surveyor, potentially leading to errors or ambiguities in property boundaries over time.
• Errors in Original Surveys: Despite the intention for precision, errors in original land surveys or recording can exist. These inaccuracies, even if minor, can perpetuate through subsequent transfers and surface as significant issues years later, potentially leading to costly boundary disputes or issues with title insurance claims.
• Reliance on External Factors: The accuracy of a legal description, particularly for metes and bounds, can depend on the continued existence and identifiability of physical markers. If these markers are destroyed or moved, re-establishing precise boundaries becomes more difficult.
• Legal Scrutiny: Any ambiguity or error in a legal description can render a deed or other legal document void or lead to legal challenges. Courts may need to intervene to interpret unclear descriptions or resolve conflicts, as highlighted by resources like Nolo, which discuss common property boundary disputes. The ⁴, ⁵U.S. Surveyor's role in boundary disputes often involves finding evidence of the original intent of parties from their historical descriptions, underscoring the importance of their professional expertise.

³Legal Description vs. Assessor's Parcel Number (APN)

While both a legal description and an Assessor's Parcel Number (APN) identify a piece of real property, they serve different primary purposes and have distinct characteristics.

A legal description provides a precise, legally binding definition of a property's boundaries, dimensions, and location. It is the official and unique identifier used for all legal transactions involving the transfer of ownership, creation of mortgage liens, or definition of easement rights. Legal descriptions are typically complex textual narratives or references to recorded plats, designed to allow a land surveyor to physically locate and mark the property boundaries on the ground.

An Assessor's Parcel Number (APN), conversely, is a numerical code assigned to a parcel of land by a local government's tax assessor's office for the sole purpose of property assessment and taxation. It is a simplified administrative identifier, not a legally precise descriptor of boundaries. While an APN is convenient for locating a property on tax maps and accessing property tax records, it does not define the legal boundaries of the property and cannot be used in place of a legal description for recording a deed or other instruments that transfer or encumber title. For instance, some county offices, like the San Diego County Assessor/Recorder/County Clerk, specifically state that while the APN is required on deeds by local ordinance, its online search functionality may be restricted due to state law changes, emphasizing its administrative role over its legal descriptive power.

¹, ²FAQs

Why is a legal description so important?

A legal description is crucial because it precisely defines the boundaries of a specific parcel of land, ensuring that there is no ambiguity about what property is being bought, sold, or encumbered. This prevents disputes and validates legal documents like a deed or mortgage.

Where can I find the legal description for a property?

The legal description for a property can typically be found on its deed, mortgage documents, or in the public records at the county recorder's or assessor's office where the property is located. Public records are accessible to verify this information.

Can a street address be used instead of a legal description?

No. A street address is a common postal identifier for a property's general location but is not precise enough for legal transactions. A legal description is required for any document that transfers property ownership or creates an encumbrance on the land because it uniquely identifies the exact parcel.

What are the main types of legal descriptions?

In the United States, the main types are the metes and bounds system, which uses distances, directions, and physical landmarks, and the Public Land Survey System (PLSS), which divides land into townships, ranges, and sections. Subdivision Lot and Block descriptions, which reference a recorded plat map, are also common for developed properties.

What should I do if the legal description is unclear or seems incorrect?

If a legal description is unclear, incorrect, or leads to a potential boundary dispute, it is essential to consult with a professional land surveyor and a real estate attorney. They can review historical records, conduct a new survey, and advise on necessary steps to clarify or correct the description, which may involve recording a corrected deed.