1. Understanding the Legal Description

• The legal description of a property is a precise, formal method of describing its boundaries and location in legal documents.
  
• It is distinct from the property address, which is used for navigation but not legally binding.
  
• It typically appears in deeds, title documents, surveys, and property tax statements.
  

2. Common Types of Legal Descriptions

• Metes and Bounds:
  
  • Uses distance and direction from a starting point.
    
  • Common in rural or irregularly shaped parcels.
    
  • Involves references to natural landmarks or man-made structures.
    
• Lot and Block:
  
  • Based on a recorded plat map.
    
  • Describes property in terms of lot number, block number, and subdivision name.
    
  • Common in urban and suburban developments.
    
• Rectangular Survey System (Public Land Survey System – PLSS):
  
  • Uses a grid of townships and ranges.
    
  • Divides land into sections of square miles.
    
  • Common in Midwestern and Western U.S. properties.
    

3. Where to Locate the Legal Description

• Property Deed:
  
  • Found in the section describing the conveyance.
    
  • Considered the most authoritative source.
    
• Title Insurance Commitment or Report:
  
  • Includes a copy of the legal description as part of the Schedule A or Schedule B.
    
• County Recorder or Land Registry Office:
  
  • Public access to recorded deeds and associated legal descriptions.
    
• Survey or Plat Map:
  
  • Offers a visual representation along with the legal language.
    

4. Why It Matters in Due Diligence

• Ensures that the property being bought or sold is correctly identified.
  
• Avoids boundary disputes or unintentional acquisition of the wrong parcel.
  
• Helps confirm the property is free of encroachments or easements not accounted for.
  
• Provides the basis for title insurance and lender review.
  

5. Validating and Interpreting the Description

• Hire a Licensed Surveyor:
  
  • Can physically verify the legal description on the ground.
    
  • Creates a certified survey map (CSM) for legal certainty.
    
• Consult a Real Estate Attorney:
  
  • Ensures the description aligns with state-specific legal standards.
    
  • Detects inconsistencies between current use and the recorded description.
    
• Compare with Title and Appraisal Documents:
  
  • Cross-verification ensures cohesiveness across documents.
    
  • Necessary for mortgage underwriting and zoning compliance.
    

6. Red Flags to Watch For

• Ambiguous or outdated descriptions:
  
  • Especially common with metes and bounds over time due to natural landmark changes.
    
• Unrecorded subdivisions or overlaps:
  
  • May indicate title issues or legal disputes.
    
• Omissions or typos:
  
  • Even minor discrepancies can invalidate a transaction or delay closing.