Legal Description of Property Survey

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The Metes and Bounds description has a starting point and a starting point. The government or rectangular surveying system was introduced to the United States in 1785. Basically, this system breaks down counties and cities into a grid system. It is based on north-south longitude lines, called meridians, and east-west latitude lines, called parallels. More serious issues arise when there is no evidence in the records of an easement consistent with the location where the land surveyor observed a utility facility. An investigation could uncover unregistered easements, such as a footpath entering the property, or an undocumented encroachment on the adjacent owner`s driveway or gate. Another problem arises when the boundaries have been changed with the agreement of the owners without a transfer having been recorded. Hi Don, a survey does not become «obsolete», but a surveyor is only responsible for the survey for a certain period of time; Therefore, it is usually a good idea to do a new survey when that time is up when you buy or build on a property. While real estate surveys are not required everywhere, they are required in many jurisdictions across the country. This is because they detail how your property will be defined officially. Instead of guessing where the boundaries of your property are, you have a document that clearly states it. If you are looking for your block or batch, you will find the development overview (the platform). The land surveyor must find three of the certified corners of the section – which are one kilometre apart – and travel there with his equipment according to the instructions in the legal description.

If you want to buy a home, you may need to complete a survey depending on where you live. Many lenders and securities companies require a copy of a survey to close a home, but they are not mandatory everywhere. You may be able to use a previous survey instead of getting a new one, as long as the existing survey isn`t obviously out of date. Ultimately, you own what is in the legal description of your deed. Unlike a real estate address, the legal description is a completely unique identifier for real estate. To be valid, it must be closed, which means that the lines describing the beginning and end must eventually meet. It must also be clearly defined. If there are two plots with the same legal description, this is a potentially significant issue that will tarnish the owners` titles and could lead to litigation. Legal descriptions are what we use to describe land so that it can be transferred from one person to another. This is the written word, while boundary surveying is the physical position of the parcel on the ground. Wooll says cities or contractors need an investigation before permits can be drawn.

So, if you`re hoping to build a pool in your backyard, you`ll need a recent survey. While there`s a chance you`ll use an old survey to get permits, it`s not always guaranteed. In this case, you may want to have a new survey completed. In many cases, legal descriptions are used to transfer land from one party to another during a sale. The information contained in the legal description should not be considered as legal advice that should come from a lawyer, but it can in many cases help to inform this legal advice. While your title insurance will cover you for the worst, it`s always best to cover a legal description of a property before it becomes a problem. Once the surveyor has collected the field evidence and recorded the information, he creates the platform. This sketch of the property shows the corners, boundaries, angles and dimensions of the plot. The surveyor should note natural objects, including property lines within waterways, and objects such as rocks and stone marks.

The map defines the exact size and boundaries of each chart. It also notes all utilities, roads and easements on or near the property. Each divided lot is assigned an individual number, and each group of sub-parcels of an adjacent lot is assigned a block number. For example, a topographic survey includes contour lines to describe changes in notation or terrain. However, an ALTA land title study may include underground supply sites and outbuildings, as required by the American Land Title Association. A surveyor can describe the land by dividing the sections into fractions, usually starting with quarter sections. This type of survey is the easiest to understand of the three most common types of survey and is most often associated with planned subdivisions. Lot and block are usually the simplest surveys that can be conducted. Some caveats about the expected ease of these surveys depend on the age of the property and whether the corners and other attractions are still there. Monuments, also known as topographic markers or geodetic markings, are objects placed on the property to mark important survey points on the surface of the land. These objects are usually metal rods or pieces of concrete anchored to the ground.

Sometimes they can make more unique items such as liquor bottles, clay pots, or piles of stones (piles). Real estate transactions involving home sales, deeds, mortgages or trust deeds are based on a binding legal description. Mortgage companies, for example, need to make sure the property is well described and worth the money they lend to a buyer. The cost of a property survey depends on the type of survey you need and the size, location, and history of the property. A simple property line survey costs between $100 and $600, while a mortgage survey costs an average of $500, according to data from HomeAdvisor, which lists the average cost of different types of real estate surveys. The more complex a property`s features and records, the more likely you are to pay for a surveyor`s time. It uses landmarks and distances to measure the perimeter of the property described in the legal description and is based on the physical characteristics of its geography as well as directions and distances. To avoid disputes, the best way to determine the accuracy and closure of a legal description and confirm property boundaries is to obtain a new survey prior to completion. The description gives the surveyor important instructions to follow in making this decision. It is important to remember that the legal description is the only one that is legally sufficient to transfer the property described. You may not need a real estate search before buying a home.

In some cases, your lender or securities company may need it, so make sure you`re prepared for the extra steps and costs. Whether you`re closing a home or planning a major expansion, knowing the exact boundaries of your property can help you avoid costly headaches and disputes with neighbors later on. If the legal description (and the information it is supposed to contain) is incorrectly stated on the deed, the wrong ownership will be transferred from the previous owner to the new owner. Quick question about legal property descriptions in TN. If you put the legal description of the title on a title policy or warranty deed, does the legal description have to exactly match the capital letters, punctuation, abbreviation and symbol? For example, instead of R-O-W for right of way, is ROW acceptable? Is it appropriate to use the «No» designation in lot descriptions? (Lot No.