Which of the following Is Appropriate as a Legal Description for a Real Estate Contract

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A special guarantee deed is a specific type of deed for real estate that only gives guarantees on title for a certain period of time. Special warranty certificates may leave a buyer open to other, older claims. For an example of how a legal description of a lot and block appears on an actual deed, see Example of an act – Lot and block. The proper description of a property varies from case to case. Sometimes it is enough to describe the location of a property in reference to common objects such as an “oak” or a creek bed. In other cases, simply indicating the address of an asset may not be sufficient to conclude a binding contract. In most states, property descriptions often include a reference to a community. This goes back to a survey plan drawn up by the federal government in 1785. In addition to the legal description, you may see additional identifying information on a land document. This is usually the address and a property tax identification number. 5.

The contract must indicate the purchase price of the goods in question. The amount of the agreed sale price or any other reasonably verifiable figure, such as an expert appraisal to be concluded later, must be included in the contract for it to be enforceable. Neither the address nor the tax identification number is a sufficient description to transfer or encumber the property. Other examples of inadequate fonts include: Today, the accuracy of property descriptions is greatly improved by computers, satellites, lasers and global positioning systems (GPS). The Federal Bureau of Land Management and the USDA Forest Service are developing an Integrated National Land System (NILS) that uses nationally accepted methods based on new technologies and software to record survey data and other information for land records. This article provides an overview of Texas law regarding the requirement to properly describe real estate purchased or sold. The street is essentially the mailing address of the property, which includes the number and name of the house, city or village, state, and zip code. If you own property, you should have a copy of the deed from the time you acquire title.

If you are buying real estate, the seller or real estate agent should have a copy of the deed. When creating a legal description, it is important to use the exact legal description that appears on the last deed of ownership. This requires special attention from the creator. It is advisable to re-read the legal description several times to ensure that each letter and punctuation element looks exactly what it was in the previous document. Sometimes the legal description is attached to the document. If this is the case, the text of the document usually refers to the attached legal description. For example, the body of the document might refer to the property as “. the lands described in Schedule A.” Appendix A is appended to the document and contains the legal description. A correction line is every 4. Community line – a distance of 24 miles – and the guide meridians that run from north to south at intervals of 24 miles from the main meridian and are exactly parallel to the main meridian, so that the difference in the area bounded by the correction lines and guide meridians – known as the government test – can be compared to the actual area bounded by the regular meridians.

so that the difference can be compensated by reducing the size of the townships north and west of a quadrant. The inclusion of an accurate legal description of ownership is essential when transferring or pledging real estate. For example, a community that is the fourth community north of the baseline and the second community east of the meridian is called Township 4 North, Range 2 East. This can be abbreviated to “T4N, R2E”. The municipality may also have a name, which may be included. A description of the boundaries and boundaries describes the property by locating it in the public survey system. The boundaries of the property are described by working around a plot one after the other, starting with a starting point. The starting point could be a landmark or a point described in the U.S.

public surveying system. Here is an example of a mixed description: whenever it is possible that more than one piece of land matches the description provided, the law of fraud is not respected. Indeed, the policies do not adequately describe the property to be transmitted. Understanding the different types of deeds can help you make good decisions when it comes to buying property or understanding the legality of inheritance. Descriptions of Métis and markers were used in the original 13 settlements before the rectangular survey system was developed. A description of bounds and boundaries uses boundary lengths and angles that begin at the starting point (POB). A mete is a dividing line and the boundaries are the area surrounded by the metes – hence the name. Starting with the POB, it describes the length of each boundary and the angle it forms with the previous boundary. This continues to the end point (POE), which is identical to the starting point, because all properties must have closed boundaries. Examples of speech evidence that can be used to identify a property include surveys, flats, exhibits, and contract supplements.

Of course, for a description to be legally sufficient, the location of the POB must be indicated and is usually indicated by a monument (also known as a landmark), which can be a large man-made or natural object or other stable structure, including rocks, trees, streams, railroads, roads, and passages registered by surveyors. to locate the property. Today, many monuments are iron pins or concrete poles installed by surveyors or the U.S. Corps of Engineers. The actual location of the monuments is more important than the lengths and angles indicated in the legal description, since the lengths and angles measured only make sense in relation to the monuments, and in addition, the marking of the beginning and end by a monument ensures that the area will be closed. Furthermore, Parol evidence cannot be the only way to “provide the location or description of the country” and can only help identify the country “from [written] data.” Wilson, 188 pp. W.2d at 152 (citing O`Herin v. Neal, 56 pp.2d 1105 (Tex.

App.—Texarkana 1932, writ ref`d)). Fortunately, the “four corners” of the treaty [the nominal content of the document itself] are not the only writings that courts can examine. Instead, courts can interpret multiple writings created for the same contract transaction. See, for example, Wilson v. Fisher, 188 pp.2d 150, 152 (Tex. 1945). Writings other than the express content of the contract are considered “parol evidence”. A legal description is one that is legally sufficient to describe the property.

Using the most recent deed for the property is usually the best way to ensure that the interest of the current owner passes to the new owner. Below is a list of other types of descriptions that are often not sufficient to be considered an adequate legal description: Such descriptions can get quite complicated, especially when a property crosses a municipal section or boundary. If you carefully read the legal description in your document and compare it with the legal description in a previous document, you can ensure that your document contains the corresponding legal description. If a property is in a subdivision, the legal description can be very simple. It usually refers to one or more lots, the block (or blocks) on which the lots are located, in the name of the subdivision, the county and the state. This is a simple description of Metes and Bounds. They can be much more complex in irregularly shaped plots. Each community is divided into 36 numbered sections measuring one mile on each side. Therefore, you may see a property description that includes a reference to the municipality and section, such as: A legal description is a description of real estate sufficient to identify it for legal purposes. When drafting an act, it is important to use the correct legal description. In most cases, it is best to use the legal description of the last deed of ownership.

There are seven basic requirements required by law that must be met in order to validate a real estate contract. If all these conditions are met, the contract is considered valid and legally enforceable. Here are the seven basic requirements of a real estate contract: The other legal description system is the lot and block system (also known as the registered flat system), which refers to specific parcels identified by a number or letter of ownership and the block or subdivision platform in which the property is located.