How to Get a Legal Description of Property
Locate the appropriate government office., Contact the agency., Request the deed in person., Contact a third party., Use property tax statements., Look at the deed., Find the legal description of property., Find any attachment or appendix., Note any...
Step-by-Step Guide
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Step 1: Locate the appropriate government office.
A copy of your deed is kept at the local county recorder or assessor’s office where the land is located.
To locate your county, visit here and enter into the search engine the city, town or zip code of where the land is located.
After identifying your county, use your preferred internet search engine to find the website for your county recorder or assessor’s office. -
Step 2: Contact the agency.
Ask how you can get a copy of a property deed.
In some instances, the agency may direct you to an online searchable database.
For example, the City of New York allows users to search for property records online using its “Automated City Register Information System (ACRIS).”, If you can't find a deed online, then request it in person at your local recorder or assessor’s office.
You may have to pay a fee.
In large cities, the cost could run from $2.25 per page in Washington, D.C., to $4 per page for a certified copy in New York City.
In smaller towns you may pay less.
Piscataquis County, Maine provides the first 500 pages free.
After that, you pay 50 cents a page., Typically, when a deed is recorded with the county, a copy is returned to the buyer's agent.If you are the property owner and have misplaced or never possessed the property deed, you can contact the real estate agent, lawyer or title company who processed your closing to get a copy. , The legal description of a particular piece of property may also be located on the annual property tax statements prepared by the city or county tax assessor’s office.
For instance, the property tax statements prepared by the Tillamook County, Oregon, Assessor’s office may contain the legal description of the property.Not all jurisdictions include the legal description of property on tax statements.Any description contained may not necessarily be the “legal” description.
Clarify with your city or county assessor’s office that the description contained on the tax statement is the “legal” description of the property before relying on it to make important transactions. , The deed will often be captioned “Land Deed,” “Property Deed” or “Warranty Deed” at the top (although it does not have to be). , The date and the names of the parties to the transaction come first, then the legal description.
Look for the words “legal description” or just “description.” There are generally two types of legal descriptions: (1) subdivision description or (2) metes and bounds.If the property is part of the subdivision, the description will name the subdivision and list the lot number.
You can find the plat map for a subdivision at the same county office that you found your deed.
A metes and bounds legal description will situate the property according to points of reference, such as landmarks.
A metes and bounds description will typically begin by telling an observer where to start: “Commence at southeast corner of the east half of Section 12, Township 4” or words to that effect. , Sometimes, the legal description is included as an attachment.
You will be told this on the face of the deed, under legal description.
Typically, you will see language such as “see attachment A” or “property described in exhibit A.” The exhibit is attached to the deed.If you do not have the attachment, you likely did not get it at the recorder’s office.
You should return and ask someone to help you find the attachment.
Bring your copy of the deed to show the person what you are referring to. , If you notice an error in the deed, such as the wrong subdivision lot listed, then the deed needs to be corrected.
To legally correct a deed, it needs to be re-executed by the original grantor, complete with proper notarization and witnessing.
Then, the corrected deed must be recorded.It's not enough to simply attach a corrected description to the deed and then file it.
If a deed needs to be corrected, seek legal counsel.
It is important that the deed be properly drafted. -
Step 3: Request the deed in person.
-
Step 4: Contact a third party.
-
Step 5: Use property tax statements.
-
Step 6: Look at the deed.
-
Step 7: Find the legal description of property.
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Step 8: Find any attachment or appendix.
-
Step 9: Note any inaccuracies in the deed.
Detailed Guide
A copy of your deed is kept at the local county recorder or assessor’s office where the land is located.
To locate your county, visit here and enter into the search engine the city, town or zip code of where the land is located.
After identifying your county, use your preferred internet search engine to find the website for your county recorder or assessor’s office.
Ask how you can get a copy of a property deed.
In some instances, the agency may direct you to an online searchable database.
For example, the City of New York allows users to search for property records online using its “Automated City Register Information System (ACRIS).”, If you can't find a deed online, then request it in person at your local recorder or assessor’s office.
You may have to pay a fee.
In large cities, the cost could run from $2.25 per page in Washington, D.C., to $4 per page for a certified copy in New York City.
In smaller towns you may pay less.
Piscataquis County, Maine provides the first 500 pages free.
After that, you pay 50 cents a page., Typically, when a deed is recorded with the county, a copy is returned to the buyer's agent.If you are the property owner and have misplaced or never possessed the property deed, you can contact the real estate agent, lawyer or title company who processed your closing to get a copy. , The legal description of a particular piece of property may also be located on the annual property tax statements prepared by the city or county tax assessor’s office.
For instance, the property tax statements prepared by the Tillamook County, Oregon, Assessor’s office may contain the legal description of the property.Not all jurisdictions include the legal description of property on tax statements.Any description contained may not necessarily be the “legal” description.
Clarify with your city or county assessor’s office that the description contained on the tax statement is the “legal” description of the property before relying on it to make important transactions. , The deed will often be captioned “Land Deed,” “Property Deed” or “Warranty Deed” at the top (although it does not have to be). , The date and the names of the parties to the transaction come first, then the legal description.
Look for the words “legal description” or just “description.” There are generally two types of legal descriptions: (1) subdivision description or (2) metes and bounds.If the property is part of the subdivision, the description will name the subdivision and list the lot number.
You can find the plat map for a subdivision at the same county office that you found your deed.
A metes and bounds legal description will situate the property according to points of reference, such as landmarks.
A metes and bounds description will typically begin by telling an observer where to start: “Commence at southeast corner of the east half of Section 12, Township 4” or words to that effect. , Sometimes, the legal description is included as an attachment.
You will be told this on the face of the deed, under legal description.
Typically, you will see language such as “see attachment A” or “property described in exhibit A.” The exhibit is attached to the deed.If you do not have the attachment, you likely did not get it at the recorder’s office.
You should return and ask someone to help you find the attachment.
Bring your copy of the deed to show the person what you are referring to. , If you notice an error in the deed, such as the wrong subdivision lot listed, then the deed needs to be corrected.
To legally correct a deed, it needs to be re-executed by the original grantor, complete with proper notarization and witnessing.
Then, the corrected deed must be recorded.It's not enough to simply attach a corrected description to the deed and then file it.
If a deed needs to be corrected, seek legal counsel.
It is important that the deed be properly drafted.
About the Author
Catherine Harris
Brings years of experience writing about DIY projects and related subjects.
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