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Subject:
Standards for Legal Descriptions (Deeds), SE Coastal States
Category: Business and Money Asked by: raofsiam-ga List Price: $10.00 |
Posted:
01 May 2005 09:30 PDT
Expires: 31 May 2005 09:30 PDT Question ID: 516522 |
Have any of the Southern Atlantic Coastal States (South of Maryland) established Standards (guidelines or statutory requirements) for the Legal Descriptions which are integral parts of Deeds? (It has been reported that discussion is/has been circulated concerning establisment of such state-wide standards.) Among these states without such standards, is there as much variation county-to-county as there is state-to-state in defining what is acceptable as an adequate Legal Description? |
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There is no answer at this time. |
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Subject:
Re: Standards for Legal Descriptions (Deeds), SE Coastal States
From: myoarin-ga on 02 May 2005 16:19 PDT |
Hi again, I have tried to find state standards and have found a few explanations of the "legal description" in real estate deeds that all agree in principle with this, from Wisconsin (but not from a law): LEGAL DESCRIPTION: A description of a specific parcel of real estate complete enough for an independent surveyor to locate and identify it. The description is by subdivision name, lot and block in a platted subdivision, by certified survey map and lot number, or in unplatted lands, it is identified according to the town, range, section and quarter section and metes and bounds associated with the Public Land Survey System or Private Claims or Government Lots. LOT-AND-BLOCK DESCRIPTION: A description of real property that identifies a parcel of land by reference to lot and block numbers within a subdivision, as specified on a plat of subdivision duly recorded in the office of the Register of Deeds. METES-AND-BOUNDS DESCRIPTION: A legal description of a parcel of land that begins at a well-marked point and follows the boundaries, using directions and distances around the tract back to the place of beginning. Wisconsin statutes now require that the point of beginning be referenced to at least one Public Land Survey System monument. My personal opinion is that conveyance/selling of property is such an old practice that it is covered by Common Law rather than codified law that results from acts of state congresses. There is now in Florida and some other states a Uniform Land Sale Practices Act. "Uniform" acts are state acts that implement laws with the same text in many/most/all states to eliminate discrepancies between the prior existing laws in different states. But this law deals with the "practice" of selling, what real estate agents do, and does not lay down requirements for the legal description in deeds. But this is not necessary, as the correct application of the above definition from Wisconsin is adequate. As I remember from your earlier questions, one was a "lot and block" description from a registered plat, which should adequately describe the parcel, despite discrepancies about the owners' names on adjacent parcels. The other example seemed to be an inaccurate "metes and bounds" description. "Let the buyer beware." That is why properties are re-surveyed before being sold and why title insurance is used. As you know, this is not professional or legal advice, see the disclaimer below. I hope this is some help. |
Subject:
Re: Standards for Legal Descriptions (Deeds), SE Coastal States
From: raofsiam-ga on 02 May 2005 17:53 PDT |
Thanks for the thoughtful comment from myoarin-ga. I feel that your thinking is on the right track and commend you for sharing it. As a matter of general interest, not specific to my question, I am passing along the following findings which are not within the indicated geographical area. My perusals have turned up an example of a genuine set of standards for conveyences: "Transfer and Conveyance Standards of the Ottawa County Auditor and the Ottawa County Engineer". Ottawa County is in Ohio. A description is given at www.thompsonhine.com/ practicegroups/realestate/ottawa.htm The description concludes as follows: "This review process DOES NOT insure clear title to a certain piece of property, but does assure that the legal description meets the "Minimum Standard for Boundary Surveys in the State of Ohio", as described in Chapter 4733-37 of the Administrative Code." By these standards, the descriptions referred to in my previous questions fall pitifully short, being totally inadequate. But then, let us hope that the whole world does not become involved in such byzantine procedures. |
Subject:
Re: Standards for Legal Descriptions (Deeds), SE Coastal States
From: myoarin-ga on 02 May 2005 18:36 PDT |
Hi, That site is really thorough! I understand your asking about different standards in diff. counties now, and it is sort of surprising that one county - or rather - at the county level such a thorough system has been established. That suggests that in Ohio the state has nothing similar. (Must be a bunch of Germans in Ottawa Co. is my first thought, living among 80 million of them. (-; Sound like their kind of thinking.) Thanks and good luck. |
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