Make sure you read the legal description before you Buy.
Legal descriptions can be confusing and difficult to read but are one of the most crucial parts of acquiring property. Before you sit down to read your legal description there are a few things you should know….
There are three different formats of legal descriptions: rectangular survey system – also known as sectional ground, lot and block, and metes and bounds. Your legal description is found in your title commitment, on either Schedule A or as an attached Exhibit A, after Schedule B Part II.
The Rectangular Survey
A rectangular survey system or sectional ground legal description is going to look something like the following, “In Township 3 North, Range 1 West, Boise Meridian, Owyhee County, Idaho Section 4: Southwest Quarter of the Northwest Quarter.” With this type of legal description, the map is split into sections, those sections are then split into smaller quarters, and even quarter-quarters.
Lots and Blocks
Lot and block legal descriptions are used when talking about a piece of property within a subdivision. A platted subdivision contains all the blocks and lots found within the specific development. From there you can find your lot and block relating to your property. An example of this would look something like “Lot 5 of Block 1, of ABC Subdivision, according to the official plat thereof, recorded September 10th , 2020.”
Metes and Bounds
Finally, metes and bounds legal descriptions are created by a licensed surveyor and used to describe a specific piece of ground using distances, angles, bearings, and directions. These can be used to describe anything outside of a subdivision development type property but can tend to be quite lengthy. The beginning of a metes and bounds legal description would look something like “A portion of the Southwest Quarter of the Southeast Quarter of Section 35, Township 2 North, Range 4 West, B.M., Owyhee County, Idaho, more particularly described as follows: Commencing at the South Quarter corner of said Section 35…”
Regardless of the type of legal description, understanding their effect is important as they outline exactly what is included in the purchase and sale of a property. It is also very important to see the plat map, or the ROS, record of survey. Because what you are buying is what is on the legal description contained in the deed. It may also contain easements or areas of encroachment. If you have questions about your legal description, talk to your real estate agent, or contact me, I can help.