What’s a Legal Property Description?
A legal property description is a way of determinatively describing a tract of property in order that the land can be definitively identified by reference to the description alone and without reference to other sources. Or, according to the Texas Uniform Title Standards, a legal description is "a description which will serve uniquely to define the particular piece of land referred to by reference to the description alone and without reference to other sources."
It is an inseparable part of the definition as to whether a tract of land may be said to be "definitely or certainly" located. The legal property description sets Texas apart from some other places like California, where you can legally define a tract of land as "the South ½ of Lot 22 of Block 11 of Examplewood." In Texas, the legal property description is a super-fencing job, meaning it hangs a fence around the tract at the appropriate boundaries, not dissimilar to putting a fence on your yard. This is necessary because surveys in Texas , though they are prepared by registered professionals and are highly accurate, can be off from 10 to 20 feet usually and must be conducted by a registered professional. This means that installing a fence in Texas, but following a survey line, can place the fence on the neighboring owner’s land or vice versa. In Texas the legal property description is not a "fence" but a "super-fence." It gathers together all the surveying data that is needed to build the fence and in a unique way describes the fence, because, again, it does not exist. Instead, it is a representation of the boundaries based upon the surveyor’s measurements using data points such as benchmarks, section corners, monuments, curves, and angles based upon the special property description prepared by a licensed surveyor. A description in a deed, contract and other document affecting the title to or use of real property must contain sufficient information to establish with reasonable certainty the identity of the property.
The Parts of a Legal Property Description
Your survey may refer to a "plat" or show "highways" or ditch locations. These terms have specific meanings and are the subject of great detail in statutes, regulations and ordinances. The use of these terms in legal descriptions of property can be confusing to someone not familiar with Texas law.
For example, the legal means of describing a property might take the form of a reference to a "plat." A plat is a chart drawn to scale, showing the layout of a neighborhood, street, subdivision or other segment of land. A judgment might refer to a lot number as shown in a recorded plat. The description of the Land in the Deed might refer to the lot number for that property. If property is platted, it may be described by lot, block and subdivision. For example: Lots 19 and 20, Block 24, of the chi-chi Subdivision, as per the Plat of said Subdivision recorded in Plat Records, County Clerk’s Office, Dallas County, Texas.
Metes and bounds is another legal term that refers to a method of describing real property. Metes and bounds is based on physical or other features of the actual face of the earth. Descriptions using metes and bounds are usually not based on title documents or maps. From the beginning of American settlement, its customary use as a means of describing real property was often the only method of description available. While metes and bounds is rarely used to describe large segments of land, because of the originality of the metes and bounds description, it can still be the only method of description available for describing small tracts of land containing old surveys. When metes and bounds is used, the surveyor establishes corner monuments, and describes the location from one corner to the other intermediate points, until the last corner is reached. The description might read, for example: Beginning at a nail set at the southeast corner of the above, following the fence line northward along the east side of the road, . . . . . . . . . .
A full understanding of the concept of metes and bounds would require a twelve volume treatise on boundary law, but in brief, this method of describing land has been used since about 1800. Based on physical features of the face of the earth, it is no more difficult or complicated than the concept of cartographic maps or diagrams. It is a reliable and accurate way of describing land.
Lot and block systems were developed about the same time as sections in surveys. The lot and block system is used mainly for the subdivision of land in streets, blocks and lots into city, town or urban lots. It is a way of subdividing land into smaller units for sale or use as smaller properties in a town or city. When you look in a tax appraisal or construction records, you will usually find the number of the lot or the block rather than a metes and bounds description. Instead of lots and blocks, many commercial properties are represented by a section survey. Section surveys are similar to lots and blocks.
Types of Legal Descriptions Common in Texas
Metes and Bounds: If a piece of property isn’t covered by a plat map – or not in a subdivision – it is generally described using the metes and bounds. This is often referred to as "after the fact," as it is typically done after surveyors have walked the land and used their expertise to write the description based on the distinct features of the land itself.
Lot and Block: Generally, if a subdivision or planned community has been established, the land will be described using lot and block. These references are designated on a particular plat map. Each lot will have a number, and the subdivision will have a designation. By looking at a plat map and seeing a lot and subdivision, you will know exactly where it is to view or purchase.
The General Land Office is a good resource to gather more information on metes and bounds or lot and blocks.
How to Interpret a Legal Property Description
Understanding a legal property description in Texas can be a daunting task. The dense legalese and use of unknown measurements makes property descriptions difficult, but not impossible, to read. To help unravel the mystery surrounding a property description it is helpful to follow these steps: Step 1: Know Where to Find the Property Description
The most common place to find a property description is what is commonly known as the "title," which, is usually a detailed document of the terms of the sale of the property. Since property descriptions are usually included in the "title," the best way to find a legal property description is to find the property on the appraisal district’s website, look up the property, and find a link titled "title" or "documents." This will save a great amount of time searching for the property description in the public records. Step 2: Look for the Words "Increasing" and "Decreasing" and When You Find Them
As explained in the previous section, all legal property descriptions contain certain descriptions. The first thing you should look for is whether the legal description is increasing or decreasing. What this means is that does the property get larger or smaller as the legal description goes along. This will help you determine the order of which to begin reading the description. If the property description has a decreasing area, then you will generally begin reading the beginning of the description, while, if the description has an increasing area, then the description will usually begin at the end and continue to go back toward the beginning of the description. Step 3: Read the Section Descriptions in Reverse Order and When You See a Parenthesis
The beginning of the legal description has a property description usually thought of as a cutout of the shape of the metes and bounds of the property, which contains numbered sections. Once you find the property description you are looking for, you will immediately notice the sections that are numbered. The way to interpret a property description is by reading it backwards. For example, section one of the property description is generally found last in the legal description and section ten usually refers to the beginning of the description. When you see parentheses or the words "beginning at a point" or "beginning with" or "thence" or any other term that would indicate that the description is at or from the starting point, then you have likely found the start of the description.
Pitfalls in Legal Descriptions
One of the more common mistakes made in legal descriptions is confusing a point of beginning with a point of beginning of a line. A point of beginning identifies the location on the surface of the earth to begin a description whereas a point of beginning of a line identifies a specific location along a line. Another common mistake is referring to the offsite location instead of the property. The Texas courts have indicated that if the distance and direction from the point of beginning are identified , the location can be otherwise identified by the bearings and distances rather than the identity of the property. These common mistakes can be avoided by always using a locational description in addition to a boundary description and by checking the location against the boundary description. In addition, use of a survey or plat to evaluate a location will help eliminate issues with a boundary description that is unclear.
Legal Property Descriptions in Boundary Disputes
In the case of property disputes, a well-crafted legal property description may be the only available means for resolving a disagreement. For example, if two adjacent landowners are embroiled in a dispute over the location of the boundary line between their properties, the legal property description found in the deed for the property can be used to unequivocally establish where the boundary is located.
For instance, in a case where the only thing at issue was the location of a fence, the Texas Supreme Court affirmed a decision that the fence was not the boundary line between the two properties, but rather, the mined area that preceded it. However, in that case, the Supreme Court acknowledged that without identifying where a boundary should lie, the fence could have served as the boundary for purposes of maintaining ownership, even if it was not the boundary contemplated by the parties. Sometimes, primitive fences serve as the physical boundary line that the prior owners intended to exist and, when called to task, courts have enforced those primitive fences as representing an agreement between adjoining landowners. In that context, the court determined that the fact that there was a fence along the boundary line in question did not create title in that part of the property in favor of the individual whose property was on one side of it.
The clarity of a property description is largely dependent upon other facts. For instance, while a property description may call for a fence as the boundary line between two properties, in areas where open range livestock rules are in effect, the fence may not be the ultimate determinant for setting boundaries. The provisions of the Texas Open Range Law and the High Fencing Law may come into play in an analysis. In fact, in some cases, the Texas Open Range Law may effectively invalidate an otherwise valid fencing description to the extent it supports a deed-specific concept such as "the fence," where the deed does not clearly indicate whether the fence referred to should be maintained.
Many issues involving property lines and fences under the Open Range Law have been addressed by the Texas Legislature. For instance, the duly recorded fence statutes in Section 143.104 of the Texas Agriculture, Texas Agriculture Code were enacted in 1989 to basically require open range fence between the owners of adjoining lands who intend to hold their cattle legally responsible for acts of trespass.
While the old adage, possession is "9 tenths" of the law, is applicable in many contexts, when it comes to measured property lines, ensuring accurate measurements for the legal property description is typically a better means by which to secure a position on the ultimately for determining the boundary line than establishing and maintaining physical structures such as fences.
Updates to Legal Property Descriptions
The process for updating a legal property description is often referred to as a "re-plat." Re-plats are usually filed under a local government’s Land Use or Subdivision Code. However, not all municipalities have a re-plat procedure, and instead simply require property owners to amend the municipal’s legal description without utilizing a platting procedure.
The requirements for amending the legal description of a property under the Land Use or Subdivision Code will vary by municipality. Some cities and counties do not require a survey to be included with the re-plat. Others will require a survey that conforms to the Texas Land Surveyors Association standards.
An amended legal description typically must be filed with the office of the County Clerk or Assessor under the same requirements for filing a deed to include an original signed deed of the Subject Tract , a reference to the clerk’s file number of the original deed, the legal description, the signature of the landowner, and on occasion a survey drawing. Other information may be required, including tax identification information, the name and address of the landowner, and a statement that the re-plat will not adversely affect the public.