When you write a legal description, you can start with the Township and Range or you can start with the section description. Which ever way you start, when you are writing the description of the section, always start with the smallest piece of land first and graduating to the largest piece.
Who writes legal description of property?
Writing a Legal Description of Property. A legal description provided by a real estate lawyer is always recommended. This will allow you to ensure that your description is legal and valid in accordance to local and government laws.
How do you read a legal description of a property?
How do you correct a legal description?
Proper Way to Correct an Error in the Legal Description
Having the original grantor re-execute a corrective deed and recording the same is the only way to effectively correct an error in the legal description of a defective deed.
In what documents are legal descriptions used?
The best place to find a legal description is usually the most recent deed to the property (the deed that conveyed the property to the current owner). The legal description is usually contained in the body of the deed.
How do you resolve title issues?
Many title issues can be resolved by filing one of three common documents: A quit claim deed removes an heir and clears up title among co-owners or spouses. A release of lien/judgment removes a paid mortgage or spousal or child support lien. A deed of reconveyance records payment of a mortgage under a deed of trust.
What does a dirty title mean?
A clean title proves that you are the sole owner of your land and no other outside party can make any legal claims against you in regards to ownership. On the other hand, a dirty title means there is a cloud of uncertainty or discredit hanging over the ownership of your land.
What is clear title to property?
" A clear title is a title without any kind of lien or levy from creditors or other parties and poses no question as to legal ownership. For example, an owner of a car with a clear title is the sole undisputed owner, and no other party can make any kind of legal claim to its ownership.
What is curing a title?
“Curing” the title, the process of clearing a lien or other encumbrances attached to a property, can take days, weeks, or even months and push back a closing. Title curative work can also be expensive and may require the help of an attorney to implement quiet title in some cases.
What happens if seller Cannot get clear title?
What Happens If the Contract Is Breached. Let’s imagine that the seller fails to provide an abstract of title showing clear title to the property. This means that the damages to the party not in breach of contract will be for a set amount of money, which is often the amount of the buyer’s deposit or earnest money.
What are defects in title?
Key Takeaways. A defective title is a title that is impaired with a lien, mortgage, judgment, or another claim. Defective titles are considered unmarketable, so the asset in question cannot be transferred or sold. Any encumbrances on a defective title must be cleared before the owner can sell their asset.
What is title search process?
A title can be referred to as a bundle of rights for a real estate property and a title search would be the process of determining what these rights are and who they belong to. In other words, a title search is a search of all title records applicable to a particular property to determine if the current title is good.
How do I do a title search?
Who performs the title search?
A title search is usually performed by a title company or an attorney, often on behalf of a prospective buyer who may be interested in making an offer on the property.
How do you do a title?
How do you make a search report?
Contents of Search Report
Name of the company.
Date of incorporation.
CIN of the company.
The capital structure of the company.
Details of the company directors.
Details of shareholders.
Details of registered charges.
How do I check if my property has a clear title?
How To Check If Your Property Is Legally Verified?
Check for the title papers. A property should have a clear title, without any dispute.
Ask for bank approvals. If you are getting your home financed from the bank, your half work is already done.
David Nilsen is the former editor of Fourth & Sycamore. He is a member of the National Book Critics Circle. You can find more of his writing on his website at davidnilsenwriter.com and follow him on Twitter as @NilsenDavid.