Updated on December 31, 2024
In legal terms, property refers to the rights and interests an individual or entity holds in an object, whether it is tangible or intangible. These rights grant the owner the ability to use, enjoy, and dispose of the property within legal boundaries. A key element of property law is the legal description of property, which provides a precise, formal definition of the property’s boundaries and features. This is more than just a street address; it is a critical component in identifying land ownership and protecting property rights.
Property can generally be divided into two categories: real property and personal property. The description primarily applies to real property, as it defines land and any structures permanently attached to it.
1. Real Property: This category includes land and any buildings or fixtures attached to it. The description of property is vital in distinguishing one plot of land from another, particularly for real estate transactions and disputes.
– Surface Rights: These rights pertain to the use of the land’s surface, such as for building or farming.
– Subsurface Rights: Referring to rights to minerals, oil, or other resources below the land.
– Air Rights: This pertains to the space above the land, which may be sold or leased for development purposes.
2. Personal Property: In contrast to real property, personal property includes movable objects like vehicles, furniture, or stocks. The description of property does not typically apply to personal property but remains critical for any legal dealings involving land.
The legal description of property plays a critical role in real estate transactions, establishing the exact dimensions, boundaries, and features of a parcel of land. This description is distinct from the street address, which is often used for mailing purposes but lacks the precision required in legal contexts.
Descriptions are typically based on systems such as metes and bounds, which describe property boundaries using physical landmarks, or lot and block systems, commonly used in urban areas, where subdivisions are divided into lots with clear boundaries. The physical location is usually determined from a fixed monument (a market set in the street) and then described in degrees, feet and degrees that stem from the agreed upon fixed point. Typically, in order to determine the exact legal description someone will need to employ a licensed land survey trained in metes and bounds.
The legal description of property is crucial in several legal and practical situations, particularly in real estate law. Some of the most common instances when the description of property matters include:
1. Property Transactions: When buying or selling real estate, the legal description is essential to ensure the correct parcel of land is being transferred. Without this precision, disputes could arise over ownership or boundaries.
2. Boundary Disputes: Disputes between neighbors about where property lines are drawn often hinge on the legal description. In these cases, the description can provide clarity and help resolve disagreements. We often have our clients obtain surveys based on the legal description so that we can determine the actual property lines and whether there are any physical encroachments.
3. Mortgages and Liens: When securing a mortgage, the lender will require the legal description of property to be sure the correct asset is being used as collateral. Similarly, liens or judgments filed against a property rely on the legal description to attach the claim to the right parcel of land.
4. Easements: Easements allow one party to use part of another’s land for a specific purpose, such as access to a roadway. The description of property is key to determining the boundaries of the easement and preventing future conflicts.
The legal description of property can be found in several important documents, all of which serve to identify and define the precise boundaries of real property:
1. Deed: The deed to the property contains the most authoritative legal description. This document is recorded with the local county office and serves as proof of ownership.
2. Title Report: A title report, which is typically obtained during a real estate transaction, includes the legal description of property and a history of past ownership or claims against the property.
3. Survey: Land surveys are often conducted to provide an up-to-date legal description. Surveyors use precise measurements to describe the property’s boundaries and can resolve any discrepancies in previous descriptions.
4. Mortgage Documents: Mortgages and deeds of trust, like deeds, will include the legal description of property as part of securing the loan against the correct parcel of land.
5. Plat Maps: These are typically found in subdivisions and are part of the public records that detail the legal description of each lot within a development.
Are you involved in a real estate transaction or facing a boundary dispute in California? Ensuring the description of property is accurate is critical to protecting your rights and interests. Errors in legal descriptions or a lack of understanding of property boundaries can lead to costly disputes, failed transactions, or unintended legal consequences.
At Schorr Law, we specialize in real estate law throughout California, providing expert guidance on everything from real estate transactions to complex boundary disputes. Don’t risk your property investment or ownership rights. Contact us today to ensure your property interests are fully protected. Let our experience work for you, guiding you through your real estate challenges with confidence. Call our Los Angeles office today at 310-954-1877 or fill out our contact form here.
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