How to Find the Legal Description of a Property Without a Title
Determining the legal description of a property is crucial for various real estate transactions, such as buying, selling, or refinancing. However, if you don’t have the property’s title, locating the legal description can be challenging. Fortunately, there are several effective methods to obtain this vital piece of information.
One approach is to contact the local county recorder’s office. These offices maintain public records of all property deeds and transactions. By providing the property’s address or parcel number, you can request a copy of the deed or other relevant documents that may contain the legal description. Additionally, you can visit the county assessor’s office, which keeps records of property assessments and may also have the legal description on file.
Another option is to utilize online resources. Some websites and databases allow you to search for property records by address or parcel number. These platforms often provide access to deeds, tax records, and other documents that may include the legal description. However, it’s important to note that the availability and accuracy of online information may vary depending on the location and the provider of the data.
Locating the Property Deed
The first step in finding the legal description of a property is to locate the property deed. The deed is a legal document that transfers ownership of the property from one person to another and can be found in the clerk’s office in the county where the property is located.
To find the property deed, you will need to provide the clerk with the following information:
- The name of the property owner
- The address of the property
- The parcel number or other identifying information
Once you have provided the necessary information, the clerk will search their records for the property deed. If the deed is found, you can request a copy for a fee.
The property deed will contain the legal description of the property, which is a detailed description of the boundaries of the property.
Additional Tips for Locating the Property Deed
If you are having trouble finding the property deed, you can try the following:
- Contact the county recorder of deeds for assistance.
- Search the online records of the county clerk’s office.
- Hire a title company to perform a title search.
Resource | Description |
---|---|
County clerk’s office | The county clerk’s office is the official repository for property deeds. |
County recorder of deeds | The county recorder of deeds is responsible for recording property deeds and other legal documents. |
Title company | A title company can perform a title search to find the property deed and other relevant documents. |
Identifying the Legal Description
A legal description uniquely identifies a piece of property for legal and administrative purposes. It typically provides a sequence of references and measurements that delineate the boundaries of the property. Understanding how to read and interpret a legal description is crucial for transferring ownership, resolving property disputes, and conducting land surveys.
Parts of a Legal Description
A legal description typically consists of the following components:
Component | Description |
---|---|
Township and Range | Identifies the grid system within which the property is located. |
Section | Specifies the 1-mile-square block within the township and range. |
Quarter Section | Divides the section into quarters, with each quarter further divided into four equal parts. |
Lot | Further subdivides the quarter section into smaller units. |
Metes and Bounds | Describes the property’s boundaries using specific angles, distances, and landmarks. |
Example of a Legal Description:
A property described as "the North Half of the Northeast Quarter of the Northeast Quarter of Section 10, Township 1 South, Range 2 East of the 3rd Principal Meridian" can be broken down as follows:
- Township and Range: Township 1 South, Range 2 East
- Section: Section 10
- Quarter Section: Northeast Quarter of the Northeast Quarter
- Lot: Not specified in this example
This description indicates that the property is located within a 1-mile-square section in the township and range, and that it occupies the northern half of the northeastern quarter of that section.
Understanding the Property’s Boundaries
Precisely defining a property’s boundaries is crucial for determining ownership rights and preventing disputes. Several methods exist to establish legal boundaries, including:
1. Plat Maps
Plat maps are detailed drawings that depict the layout of a property, including its boundary lines, dimensions, and landmarks. These maps are typically created by surveyors and filed with local authorities.
2. Legal Descriptions
Legal descriptions provide a written description of a property’s boundaries, often using metes and bounds or the metes and bounds with section, township, and range (S-T-R) system. Metes and bounds define boundaries by referring to specific points, angles, and distances, while S-T-R designates a property’s location within a grid system used in land surveys.
3. Natural and Artificial Boundaries
Natural Boundaries
Natural boundaries refer to physical features that serve as property markers, such as rivers, streams, lakes, and mountain ranges. These boundaries are typically fixed and permanent, making them reliable reference points.
Type | Example |
---|---|
River | Mississippi River |
Stream | Oak Creek |
Lake | Lake Michigan |
Mountain Range | Sierra Nevada Mountains |
Artificial Boundaries
Artificial boundaries are man-made structures that delineate property lines. Examples include fences, walls, roads, and railroads. These boundaries may change over time due to construction or maintenance, so it’s important to consult up-to-date records to verify their accuracy.
Type | Example |
---|---|
Fence | Chain-link fence |
Wall | Brick wall |
Road | Main Street |
Railroad | Union Pacific Railroad |
Interpreting the Deed’s Language
The deed’s language can be complex and difficult to understand. However, it is important to be able to interpret the deed in order to understand the legal description of the property. Here are some tips for interpreting the deed’s language:
- Read the deed carefully. Make sure to read the entire deed, not just the legal description. This will help you to understand the context of the legal description and to identify any special terms or conditions that may apply.
- Use a dictionary or legal dictionary. If you come across any unfamiliar terms, look them up in a dictionary or legal dictionary. This will help you to understand the meaning of the terms and to interpret the deed more accurately.
- Seek professional help. If you are still having trouble interpreting the deed, you may want to seek professional help from a lawyer or title company. A lawyer or title company can help you to understand the deed and to ensure that you understand the legal description of the property.
Common Terms Used in Legal Descriptions
The following table lists some of the most common terms used in legal descriptions. Understanding these terms will help you to interpret the deed and to understand the legal description of the property.
Term | Definition |
---|---|
Acre | A unit of land measurement equal to 43,560 square feet |
Boundary | The line that separates two pieces of land |
Chain | A unit of land measurement equal to 66 feet |
Course | The direction of a boundary line |
Foot | A unit of land measurement equal to 12 inches |
Metes and bounds | A system of describing land by its boundaries |
Plat | A map that shows the boundaries of a piece of land |
Rod | A unit of land measurement equal to 16.5 feet |
Section | A unit of land measurement equal to one square mile |
Township | A unit of land measurement equal to 36 sections |
Verifying the legal description with a Surveyor
A survey is a map that shows the boundaries of a property. It can also include information about the topography of the land, the location of buildings and other structures, and the easements and other rights-of-way that affect the property. A surveyor can verify the legal description of a property by comparing it to the survey map.
There are several reasons why you might need to verify the legal description of a property. For example, you might need to do so if you are buying or selling a property, if you are refinancing a mortgage, or if you are involved in a boundary dispute.
If you need to verify the legal description of a property, you should contact a licensed surveyor. A surveyor can help you to understand the legal description and can provide you with a survey map that shows the boundaries of the property.
Reason for Verifying Legal Description | Example |
---|---|
Buying or Selling a Property | To ensure that the property you are buying or selling is the property that you think it is |
Refinancing a Mortgage | To ensure that the property you are refinancing is the property that is securing the loan |
Boundary Dispute | To determine the exact location of the boundary lines between your property and your neighbor’s property |
Here are some tips for verifying the legal description of a property with a surveyor:
- Provide the surveyor with a copy of the deed to the property.
- Be prepared to answer questions about the property, such as its location and the location of any buildings or other structures on the property.
- Review the survey map carefully and ask the surveyor any questions you have about it.
- If you have any concerns about the accuracy of the survey, you should contact another surveyor for a second opinion.
Obtaining a Title Report
A title report provides a comprehensive summary of a property’s ownership history and legal description. To obtain a title report, you can follow these steps:
-
Identify the County: Determine the county in which the property is located.
-
Locate the County Recorder’s Office: Visit the county recorder’s office in person or access their website to obtain a title report.
-
Provide Property Information: Provide the address or parcel number of the property to the county recorder’s office.
-
Pay the Fee: Pay the required fee for the title report.
-
Review the Report: Once you receive the title report, carefully review it to ensure its accuracy.
-
Locate the Legal Description: Within the title report, you will find the legal description of the property. This description typically consists of the following elements:
Element Description Township The numerical designation of the row of townships in the county. Range The numerical designation of the column of townships in the county. Section The numerical designation of the square-mile area within the township. Quarter The division of a section into four smaller sections. Lot A smaller division of land within a quarter section. Block A subdivision of a lot into smaller parcels.
Consulting with a Real Estate Attorney
If you are having trouble finding the legal description of your property, consulting with a real estate attorney is a good option. Attorneys can help you interpret complex legal documents and provide guidance on where to find the information you need.
Procedure
1. Making an Appointment: Contact a real estate attorney in your area who specializes in property law.
2. Gathering Documents: Bring all relevant documents to your appointment, including your deed, property tax statement, and any other paperwork that may contain the legal description.
3. Discussing the Legal Description: Explain your situation to the attorney and provide them with the documents you have. The attorney will review the documents and explain the legal description to you.
4. Providing Additional Information: If the attorney cannot locate the legal description from the documents you have, they may need to request additional information from third parties, such as the county land recorder or tax assessor.
5. Preparing a Legal Description: If the property’s legal description cannot be found in existing documents, the attorney may be able to prepare a new legal description for you.
6. Filing the Legal Description: Once the new legal description is prepared, the attorney will file it with the appropriate county or state agency.
7. Obtaining a Copy of the Legal Description: The attorney will provide you with a copy of the legal description once it has been filed.
Searching Public Records
Public records are valuable resources for finding legal descriptions of properties. Several government agencies and offices maintain records that include legal descriptions.
1. County Recorder’s Office
The County Recorder’s Office typically has copies of deeds, mortgages, and other documents that may contain legal descriptions.
2. Tax Assessor’s Office
Tax assessment records often include legal descriptions, as they are used to calculate property taxes.
3. Land Registry
In some jurisdictions, there are dedicated land registries that maintain comprehensive records of property ownership, including legal descriptions.
4. Court Records
Legal descriptions may be included in court documents such as deeds, judgments, and divorce decrees.
5. Survey Records
Survey records, which map the boundaries of a property, typically contain accurate legal descriptions.
6. Geographic Information System (GIS)
Many local governments and agencies have GIS systems that provide interactive maps of properties with legal descriptions.
7. Internet Resources
Various websites and online databases offer access to public records, including legal descriptions.
8. Title Companies
Title companies, which conduct title searches, often have access to extensive records and can provide detailed legal descriptions.
Source | Advantages | Disadvantages |
---|---|---|
County Recorder’s Office | Wide variety of documents | May require extensive searching |
Tax Assessor’s Office | Easy access to assessment records | May not have historical legal descriptions |
Land Registry | Comprehensive records | May not be available in all jurisdictions |
Court Records | Accurate legal descriptions | May require legal knowledge to interpret |
Reviewing Tax Assessment Data
The tax assessment database is an invaluable resource for finding legal property descriptions. Each property is assigned a unique identifier, typically a parcel number or tax map number, which can be used to access detailed information about the property.
9. Navigating the Tax Assessment Database
Navigating the tax assessment database can vary depending on the specific system used by your local government. However, most systems will have the following key features:
Search bar: Use the search bar to enter the property address, parcel number, or owner’s name to locate the property you are interested in.
Property details page: Once you have found the property, you will be taken to a property details page that provides various information, including the legal description.
Map viewer: Many tax assessment databases include a map viewer that allows you to visualize the property and its boundaries.
Downloadable data: Some databases allow you to download the property data, including the legal description, as a PDF or other file format.
Table of Common Tax Assessment Database Features
Feature | Description |
---|---|
Search bar | Enter property address, parcel number, or owner’s name to find property. |
Property details page | Provides legal description and other property information. |
Map viewer | Visualizes property location and boundaries. |
Downloadable data | Allows you to save legal description and other property data as a file. |
Using Online Property Databases
Accessing a property’s legal description online is a convenient option. Several reputable databases provide public records and legal documents, making it easy to locate the information you need:
10. Search Property Records Websites
Websites like LexisNexis, Westlaw, and REdirect offer comprehensive legal descriptions and other relevant documents. These services typically require a paid subscription, but they provide access to a vast database of public records.
To utilize these websites, you will need to create an account and purchase a subscription. Once registered, you can search for the property by its address, parcel number, or other identifiers. The legal description will typically be available under the “Property Details” or “Legal Description” tab.
Below is a table summarizing the key features of some popular property records websites:
Website | Description |
---|---|
LexisNexis | Provides a comprehensive database of legal documents and public records, including property deeds and legal descriptions. |
Westlaw | Offers access to a vast collection of legal and regulatory information, including property records and legal descriptions. |
REdirect | Specializes in providing property records and data, including legal descriptions, title reports, and deeds. |
How To Find Legal Description Of Property
A property’s legal description is a unique identifier that is used to distinguish it from other properties. It is typically found on the deed to the property and is used for a variety of purposes, such as property taxation, land use planning, and real estate transactions.
There are a few different ways to find the legal description of a property. One way is to look at the deed to the property. The deed is a legal document that transfers ownership of the property from one person to another, and it will typically contain the legal description of the property.
Another way to find the legal description of a property is to contact the county recorder’s office. The county recorder’s office is responsible for maintaining land records for the county, and they will be able to provide you with a copy of the deed to the property.
Finally, you can also find the legal description of a property by using an online property search tool. There are a number of different online property search tools available, and they will typically allow you to search for properties by address, legal description, or other criteria.
People Also Ask
What is the difference between a legal description and a physical description of a property?
A legal description is a unique identifier that is used to distinguish a property from other properties. It is typically found on the deed to the property and is used for a variety of purposes, such as property taxation, land use planning, and real estate transactions.
A physical description of a property is a description of the property’s physical characteristics, such as its size, shape, and location. It is typically used for marketing purposes and is not as precise as a legal description.
Why is it important to have a legal description of a property?
A legal description is important because it provides a unique identifier for a property. This is useful for a variety of purposes, such as property taxation, land use planning, and real estate transactions.
Without a legal description, it would be difficult to identify a property and ensure that it is transferred correctly.
How can I find the legal description of a property for free?
There are a few different ways to find the legal description of a property for free.
- Look at the deed to the property.
- Contact the county recorder’s office.
- Use an online property search tool.