LEGAL LAND DESCRIPTIONS

Bilateral Contract

To be enforceable by a court Real Estate sales contract must have:

1. Competent Parties

2. Lawful Object

3. Mutual Agreement

4. Legal Consideration

5. In Writing

6. Legal Description

What if one party fails to perform?

Breach of Contract

Where are contracts enforced?

In a Court of Law

Grant Deed

Includes title warranties by seller:

1. Not conveyed property to anyone other than buyer

2. Free from any encumbrances

• beyond those identified by seller at time of conveyance 

Makes NO promise

• about what previous owners might have done with title

•Most common transfer document in California 

Seller - Grantor

Buyer - Grantee

OR – gives

EE - receive

•Most common transfer document in California 

Seller - Grantor

Buyer - Grantee

OR – gives

EE - receive

Special Warranty Deed 

•Includes implied warranties of the Grant Deed.

•Adds future covenants where grantor: 

1. Will legally defend the grantee's claim 

2. Promises to take any other action which proves necessary to repair or perfect the grantee's title

•Makes NO promise

1. About what previous owners might have done with title

General Warranty Deed 

• All element of the Grant & Special Warranty Deed.

•Adds warranty of good title by a seller

• from the beginning property record keeping.

• in some cases, back to Spanish Patent Deeds in 1600s.

• Grantor warrants every transfer

• Example: forged Grantor signature 3 previous property transfers 80 years ago.

Patent Deed 

Government Transfer of Ownership to Private Parties

Natural People

Legal Entities

Such as Corporations or LLCs 

Quit Claim Deed

Releases any interest in a property

Bargain and Sale Deeds (Foreclosure)

• Trustee’s Deed (Deed of Trust)

• Sheriff’s Deed (Mortgage)

• Tax Deed (Tax Lien Sale)

Legal Description Required for:

• Creating a binding bilateral contract

• Creating a valid deed

• Public Recording 

• Constructive Notice 

• anyone can look up owner

• Recorded in the county where the property is located

Other Uses

 

•Loan documents

•Basis for court rulings:

•Encroachments 

•Boundary disputes

• Easements

What is a Legal Description? 

•Accurately identifies the property boundaries

•Acceptable by courts of law

•Accurate and consistent over time

•The Property Fingerprint

•No descriptions are the same anywhere 

Lot, block, and Tract   Aka Lot, Block, Plat system •Subdivision system •Recorded map system

•When developers divide parcels of land into lots

Most common for new subdivisions

•Required by the California Subdivision Map Act to:

•record a subdivision map or plat map. 

•shows location & boundaries of each separate lot

•recorded in the county recorder’s office

•in the county where the property is located

Platted property

•Subdivided from a large tract into smaller lots.

Plat map

•Identifies lot & block numbers in subdivision

Surveyor 

• From the Plat Map

• Reference points (benchmarks)

• Identify lot boundaries

Subdivision Map Act – 3 Stage Process

1. Preapplication Stage 

2. Tentative Map Stage

3. Final Map Stage

Metes and Bounds System

Point of beginning (POB): Where property measurement begins. 

Metes and Bounds System Summary

• Starts & ends at same point

• Uses distance and direction

• Describes parcel perimeter

How many square feet In one acres? 

43,560 Square Feet

Latitude Lines

GSS = Baselines

Longitude Lines

GSS = Meridians

TIERS

• Run East and West

• Boundary Lines: North and South

RANGES

• Run North & South

• Boundary Lines: West and East

Township

• 36 Square Miles

• 36 Sections

• 43,560 – Square Feet in 1 Acre

• 5,280 – Linear Feet in 1 Mile

• 36 – Square Miles in 1 Township