Readers ask: What To Do If Legal Description Is Wrong?

How do I change the legal description of my property?

Legal descriptions can change, too, but you must file documentation in the real property records in order for the change to take place. Most commonly, changes to legal descriptions are the result of a new survey of the subject property. Such a survey must be performed by a licensed surveyor.

What is the risk if the legal description of the property is listed incorrectly in the sales contract?

An error in a legal description of a property has consequences. It can affect taxes. As lenders extend loans based on a percentage of the property’s appraised value, footage mistakes can sink a loan approval. If the error is neglected, disputes can arise later, and they can become the stuff of nightmares.

Why do legal descriptions have to be exact?

Legal descriptions need to serve as precise locaters of the land being conveyed. To this end, the description must be complete enough that it would enable a professional surveyor to locate and identify the land. An accurate legal description is essential for property transfers.

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What makes a deed defective?

A defective title is a title that is impaired with a lien, mortgage, judgment, or another claim. Defective titles are considered unmarketable, so the asset in question cannot be transferred or sold. Any encumbrances on a defective title must be cleared before the owner can sell their asset.

What is the most common form of property description?

Fractional Designation: The most common form seen. A fractional designation uses rectangular surveying to correctly describe the land in sections. Metes and Bounds: This form of description uses references, such as streets and rivers to identify each point of the property (north, south, east, and west).

How do I write a legal land description?

The legal description of land follows a set sequence of quarter section, township, range, and meridian: the designation NW 27-9-25 W2, for instance, means the Northwest Quarter of Section 27 in Township 9 Range 25 West of the Second Meridian.

What is a short form legal description?

The platted, or short-form, description describes a parcel of land by reference to a recorded survey or plat. A metes and bounds description completely describes the boundary lines of the land. Each boundary line or “call” is described by a course and a distance.

What happens when a title company makes a mistake?

Even if you were able to get the title company to pay off the lien to get it removed, they would have a “ subrogation claim ” against you for whatever they pay. If they refuse, you could then file a lawsuit to get the lien removed and possibly obtain damages for slander of title.

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Can property deeds be wrong?

An error in a deed must be corrected before an underwriter will insure a title policy. Generally, these documents to correct an error in a deed must be drafted by a real estate attorney or the agent directly involved in the closing.

What is legal description of property example?

The legal description pinpoints the location of a given property within its particular township, range, and section. For example, each township is six square miles, or 23,040 acres, and contains 36 square sections, which are each intended to be one square mile (or 640 acres).

What is a real property description?

‘Real’ property encompasses interests in land and fixtures or structures upon the land. ‘Personal’ property encompasses tangible or ‘corporeal’ things—chattels or goods.

What is a datum in a legal description?

What is a datum in a legal description? A code indicating the date and time that a survey is recorded. An area measurement included in a plat survey. A standard form for recording a plat survey.

What can go wrong with title?

Some of these common title issues are:

  • Errors in public records. To err is human, but when it affects your homeownership rights, those mistakes can be devastating.
  • Unknown liens.
  • Illegal deeds.
  • Missing heirs.
  • Forgeries.
  • Undiscovered encumbrances.
  • Unknown easements.
  • Boundary/survey disputes.

How do you clear a title issue?

Many title issues can be resolved by filing one of three common documents: A quit claim deed removes an heir and clears up title among co-owners or spouses. A release of lien/judgment removes a paid mortgage or spousal or child support lien. A deed of reconveyance records payment of a mortgage under a deed of trust.

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Who is responsible for recording a deed?

The buyer must record the deed at the recorder’s office in the county where the property is located. This is to provide constructive notice to anyone who claims title to the property in the future and to anyone who records subsequent real estate documents, such as mortgage liens or lease agreements.

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