A document that transmits a leaflet by reference to an unregistered document, such as an assessment district area plate, must take into account what the unregistered document represents at the time of transmission. Great care must be taken when relying on such documents, as unregistered documents change, get lost or do not accurately reflect a terrain. It is important to remember that if a leaflet is described by reference to an unregistered document, this external evidence is necessary to prove what the mediatized leaflet was at the time the document was written. It is important to note that each referenced instrument must be present at the time of transfer, otherwise the description will fail. Legal descriptions in the original 13 colonies as well as Texas, West Virginia and Kentucky were created using this method of surveying. “Metes and bounds” is not just an archaic-sounding phrase. While a “mete” describes a certain length of distance, a “limit” describes a cardinal direction. Legal descriptions that follow this framework usually begin from a reference point at the intersection of two roads or at the boundary of a previously surveyed property. Although the Metes and Bounds model is more flexible than the rectangular surveying system, it is also more complex and can easily create misinterpreted descriptions. Owners whose properties are described in terms of boundaries are encouraged to consult with a surveyor or real estate lawyer before dividing or transferring their property. Many legal descriptions that follow the basic Metes and Bounds model may use “monuments” to avoid confusion. “Monuments” usually take the form of natural or artificial elements of a permanent nature. These may include: A property and block property description includes the lot number and block number.

This is followed by a reference to a subdivision area registered in the county property records, including the volume and page number of the county deed describing the lot and block. It might look like this: To find a county assessment district website, search online by typing (county name) Texas Tax Assessment District website. For example, “Harris County, Texas, Tax Assessment District Website” or “Harris CAD”. Then select the “Property Search” link and enter the owner`s name and/or address to search for property information. Make sure you have identified the correct legal name of the property owner, it could also be a business name. Finding real estate information on tax assessment websites is sometimes difficult, and while the legal description is preferred in lien documents, if you know the actual address of the project, you can use it instead and your privilege is still valid. Sometimes a municipality`s land has already been subdivided, with a subdivision map registered in the land register. In this case, the legal description may also include block and lot numbers. Each block contains many lots, each being a plot with a separate deed. This part of a legal description includes the name of the county in Texas, block number, lot number, and location where the platform was registered. Most of the territory west of the Appalachians was described in accordance with the massive survey of government lands that took place in the late 18th and early 19th centuries.

This sophisticated system allowed early surveyors to quickly cover large amounts of soil while ensuring they made accurate measurements and descriptions. This method of surveying, also known as the rectangular surveying system, uses the meridians and latitudes of the planet to determine “baselines.” The intersection between two baselines serves as a focal point for land descriptions in the surrounding area. Under this system, surveyors built perfectly square “townships” measuring six miles on one side. These 36-square-mile blocks could be divided into equal quadrants, sections, quarter sections and quarter sections. In much of the rural Midwest and Great Plains, the boundaries of each square mile section are defined by dirt access roads that can also serve as natural property barriers. Teo Spengler acquired a J.D. from Boalt Hall at the University of California, Berkeley. As Assistant Attorney General in Juneau, she practiced before the Alaska Supreme Court and the U.S. Supreme Court before opening the plaintiff`s assault office in San Francisco. She holds master`s and master`s degrees in creative writing and enjoys writing blogs and legal articles.

His work has been published in numerous online publications including USA Today, Legal Zoom, eHow Business, Livestrong, SF Gate, Go Banking Rates, Arizona Central, Houston Chronicle, Navy Federal Credit Union, Pearson, Quicken.com, TurboTax.com and numerous attorney websites. Spengler shuttles between the French Basque Country and Northern California. In practice, a valid property description can take many forms. The need for a property description of a page can be avoided by “reference to a previous document”; However, if the description of the mentioned object is incorrect, this also applies to any subsequent document based on it. However, there are limits to the use of parol evidence to identify property. Most landowners know that their estates have been divided, cut or otherwise separated from larger parcels of surveyed land. While a person who owns a quarter-acre parcel in an incorporated city may have a very different relationship to their land than someone who owns a 40-acre “quarter section” in a rural community, the basic means by which their characteristics were defined are likely similar. These boundaries are responsible for creating the legal property descriptions that define land ownership in the United States.

Under Texas law, deed or transfer documents that contain inadequate property descriptions are invalid because location is an essential part of a deed. As little as it offers in terms of impressive description, the legal description provides an accurate description of the geographical location of the property. A legal description of a property defines specific dimensions and boundaries that describe the scope of the property. Then, it contains a list of step-by-step instructions that describe the limits and end at the beginning. For example, these instructions may include wording such as: Another place to look for the legal description of a property is on related mortgage or real estate transaction documents. The legal description is also written in the Texas property tax documents, which can be found on the real estate appraiser`s or tax assessor`s website. These websites can be searched with a parcel address or fiscal number for the property. Often, the search also provides registration information for the deed on the property. This deed contains the legal description of the property.

To find the boundaries of a property – the actual dividing lines – the surveyor starts at the beginning. That is, they use a specific “starting point” in the section where the property is located. Then they remove the boundaries to connect to that point from the beginning. The legal description of a property first describes the starting point used by the surveyor, and then indicates the directions and distances from that point that delineated the property. For these reasons, this is the legal description typically included in a title deed in Texas. The property described in a deed of transfer is precisely the land that will pass through the deed, no more, no less. It is important to note that, although the first grantor may have intended to transfer the same land, the inability to identify the specific piece in the deed or by reference to an existing script resulted in the description failing. A legal description on a Texas title deed is not valid unless it was written from the research and results of a Texas registered surveyor. Land surveyors have access to equipment and information that allows them to accurately determine the exact boundaries of a property. Examples of speech evidence that can be used to identify a property include surveys, flats, exhibits, and contract supplements.

Where it is possible that more than one piece of land matches the description provided, the law on fraud is not respected. Indeed, the policies do not adequately describe the property to be transmitted. The lack of a sufficient description leads to a legal defect, which can usually only be remedied by using the judicial system – a costly and unpredictable means. While Texas courts will always try to implement the parties` intent, a property description must provide a basis for the land to be identified locally with reasonable certainty.