Legal description: Overview, definition, and example
What is a legal description?
A legal description is a precise, legally recognized way of identifying a piece of real estate in official documents, such as deeds, leases, and property agreements. Unlike a simple street address, a legal description provides an exact definition of a property’s boundaries using survey data, metes and bounds, or lot and block references.
For example, instead of just stating "123 Main Street," a legal description might specify the exact plot number, section, township, and range, ensuring clarity in ownership and transactions.
Why is a legal description important?
A legal description is essential in real estate transactions because it provides an unambiguous, legally binding identification of property. It prevents disputes over land boundaries, ensures proper recording in public records, and is required for deeds, mortgages, and contracts.
If a property is misidentified using only an address, legal conflicts can arise over what land or structures are actually included. A legal description removes this uncertainty, ensuring that all parties clearly understand what is being transferred or leased.
Understanding a legal description through an example
Imagine a property buyer agrees to purchase land that includes a house and an adjacent lot. The purchase agreement includes a legal description specifying both parcels by their official survey details. This prevents any confusion over whether the extra lot is part of the sale.
In another example, a developer is leasing a section of a large commercial property. Instead of using the shopping mall’s street address, the lease agreement includes a legal description that precisely outlines the specific portion of the property the tenant will occupy.
Example of a legal description clause
Here’s how a legal description clause might appear in a contract:
"The Property subject to this Agreement is described as follows: [Insert Legal Description], including all improvements and appurtenances thereto, as recorded in the official land records of [County/State]."
Conclusion
A legal description ensures that real estate transactions are clear, legally enforceable, and free from ambiguity. It provides a detailed and standardized way to define property, preventing boundary disputes and legal complications.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.