Who Can Write a Legal Description of Property: Understanding Your Options

When it comes to land ownership, precision is paramount. Every parcel of land has a unique identity, carefully defined by a legal description. This description isn’t just a casual address; it’s a detailed account of the property’s boundaries, based on surveys and established landmarks. But who exactly is qualified to craft this crucial piece of documentation? This article delves into the professionals who can legally and accurately write a legal description of property, helping you understand your options and ensure the integrity of your land records.

Before we explore who can write a legal description, let’s appreciate why it’s so important. A well-written legal description serves several critical purposes:

  • Defines Ownership: It clearly identifies the specific boundaries of a property, removing ambiguity and preventing disputes.
  • Facilitates Transactions: It’s essential for real estate sales, mortgages, and other property transactions, ensuring everyone understands the exact land being conveyed.
  • Protects Against Encroachment: It helps identify and prevent unwanted intrusions onto your property.
  • Supports Insurance Claims: It provides the necessary information for property insurance policies.
  • Forms the Foundation of Land Records: Legal descriptions are the cornerstone of public land records, providing a historical and legal record of property ownership.

Essentially, a precise legal description is the bedrock of secure land ownership.

The most common and qualified professionals to write a legal description are licensed land surveyors. Their expertise lies in precisely measuring and mapping land. Surveyors use specialized equipment and methodologies to determine property boundaries.

Why Surveyors Are the Go-To Experts

Surveyors are not just measuring; they are interpreting historical records, researching deeds, and analyzing the physical environment to create accurate legal descriptions. Their training and licensing involve rigorous examinations and continuing education, ensuring they possess the necessary skills and knowledge. They also understand the legal implications of their work.

The Survey Process: From Field to Description

The process of creating a legal description typically involves the following steps:

  1. Research: The surveyor begins by researching historical records, including previous surveys, deeds, and plats, to understand the property’s history.
  2. Fieldwork: The surveyor uses advanced equipment, such as GPS technology and total stations, to measure the property boundaries and identify landmarks.
  3. Analysis: The surveyor analyzes the data collected in the field, comparing it to the historical records to resolve any discrepancies.
  4. Description Writing: Based on their findings, the surveyor prepares a detailed legal description that accurately reflects the property’s boundaries.
  5. Platting (Optional): Often, surveyors create a plat, a visual representation of the property boundaries, which accompanies the legal description.

While surveyors are the primary drafters of legal descriptions, attorneys specializing in real estate law may also write or review these documents, particularly in complex situations.

Situations Where an Attorney May Be Involved

  • Boundary Disputes: When there are disagreements about property lines, an attorney can help interpret legal descriptions and navigate the legal processes.
  • Complex Property Transactions: Involving easements, rights-of-way, or other nuanced legal issues, an attorney’s expertise is invaluable.
  • Title Issues: If there are clouds on the title (e.g., liens, encumbrances), an attorney can help resolve these issues and ensure a clear legal description.
  • Estate Planning: For estate planning purposes, attorneys may draft legal descriptions as part of wills or trusts.

Collaboration is Key

In many cases, surveyors and attorneys work collaboratively. The surveyor provides the technical expertise to determine the boundaries, while the attorney ensures the legal description accurately reflects the parties’ intentions and complies with all applicable laws.

Title Companies: Roles and Limitations

Title companies play a crucial role in real estate transactions, but their role in writing legal descriptions is typically limited.

Their Primary Function: Title Insurance and Examination

Title companies primarily focus on examining title records to identify any potential issues, such as liens or encumbrances, that could affect ownership. They also issue title insurance policies, which protect buyers and lenders against financial losses resulting from title defects.

Limited Drafting Capabilities

While title companies review legal descriptions to ensure they align with the title records, they generally do not draft original legal descriptions. They rely on surveyors or attorneys for this task.

Other Potential Options: Limited and Risky

While the above mentioned professionals are the primary sources, there are a few other options, though with significant caveats:

Attempting to write a legal description yourself is strongly discouraged. Land surveying is a complex field requiring specialized knowledge and experience. Errors in a legal description can lead to costly disputes and legal problems.

Using Online Tools: Proceed with Caution

Some online services offer templates or tools for creating legal descriptions. However, these tools are often generic and may not be suitable for all properties. They can also lack the precision and accuracy of a professional survey. Always consult with a surveyor or attorney before relying on these tools.

Legal descriptions can vary in their format and complexity. Here’s a brief overview of the main types:

Metes and Bounds

This type of description relies on measurements and directions to define the property’s boundaries. It starts at a defined point of beginning and describes the boundaries by their distance and direction, often using natural or man-made monuments as reference points. This is a common type of legal description.

Lot and Block

This method is commonly used in subdivisions. The property is identified by its lot number, block number, and the name of the recorded plat. This is a more straightforward approach, assuming the plat is accurately recorded.

Rectangular Survey System (Township and Range)

This system is used in many states and divides land into townships, ranges, and sections. The legal description refers to the specific section, township, and range where the property is located.

Choosing the Right Professional: Key Considerations

Choosing the right professional to write a legal description is crucial. Consider the following factors:

  • Experience: Look for a surveyor or attorney with experience in your area.
  • Licensing and Credentials: Verify that the professional is licensed and insured.
  • References: Ask for references and check online reviews.
  • Cost: Obtain quotes from multiple professionals and compare their fees.
  • Communication: Choose a professional who communicates clearly and keeps you informed throughout the process.

Here are some frequently asked questions that clarify the topic further:

What happens if the legal description is inaccurate? An inaccurate legal description can lead to boundary disputes, difficulties in selling the property, and potential legal challenges. It’s crucial to ensure its accuracy from the outset.

Can I change a legal description? Changing a legal description usually requires a new survey and may involve legal proceedings, such as a court order. It is a complex process.

How long does it take to get a legal description? The time it takes to obtain a legal description varies depending on the property’s complexity, the surveyor’s workload, and the availability of historical records. It can range from a few days to several weeks.

Do I need a legal description for a small parcel of land? Yes, regardless of the size of the parcel, a precise legal description is essential for defining ownership and protecting your property rights.

What information do I need to provide to a surveyor to get a legal description? You’ll typically need to provide the property’s address, any existing surveys or deeds, and any information about known boundaries or issues. The surveyor will likely conduct their own research and fieldwork.

Conclusion: Securing Your Property Rights

In conclusion, the creation of a legal description is a critical step in establishing and protecting your property rights. While various professionals may be involved, licensed land surveyors are the primary experts in this field. Attorneys specializing in real estate law can also contribute, particularly in complex situations. Title companies play a supportive role by examining and insuring title records, but they generally do not draft original legal descriptions.

Always prioritize accuracy and precision when dealing with legal descriptions. By choosing a qualified professional and understanding the different types of legal descriptions, you can ensure the integrity of your land records and safeguard your investment. This meticulous approach is essential for secure land ownership.