The transfer of real estate from the seller to the buyer is often a complicated transaction. Although many people carefully review and revise the necessary final documents, mistakes still occur. The incorrect legal description of the property has led to long-term litigation for buyers and sellers. Although Texas Property Code Section 5.027-031 permits the correction of errors, all parties are generally required to agree to material changes. Spelling mistakes are usually corrected with little effort. However, if one party does not agree, sometimes very costly problems arise. All information provided on Silblawfirm.com (hereinafter “Website”) is provided for informational purposes only and is not intended for legal advice. Users of this website should not take any action or refrain from any action based on any content or information on this website. Users of this website should contact a Texas licensed attorney for a full review of their legal issues. A transfer of “all right, title and interest” in a county or state of Texas is a valid legal description at the time of the deed. In addition, deeds of transfer of ownership called “my property” (such as “my farm in Reeves County”) were found to be sufficient if external evidence showed that the settlor owned only land that matched the description of the property. The legal description of a property is important because it indicates exactly where the property is located in relation to other nearby properties.

While a mailing address does the same thing, a legal description is more accurate and sets the boundaries of the property. The legal description is also the only type of description that helps in a border dispute between owners. Another place to look for the legal description of real estate is on related mortgage or real estate transaction documents. The legal description is also written in the Texas property tax documents, which can be found on the real estate appraiser`s or tax assessor`s website. These websites can be searched with a parcel address or fiscal number for the property. Often, the search also provides registration information for the deed on the property. This deed contains the legal description of the property. A description of the ownership of the land and blocks specifies the lot number and block number. This is followed by a reference to a subdivision area registered in the county property records, including the volume and page number of the county deed describing the lot and block. It might look like this: Executing and delivering an act without picking it up immediately can be a useful and inexpensive estate planning tool – sometimes referred to as “the act in the drawer.” For example, if a parent wants to ensure that property is transferred to a child without inheritance or other difficulties, they can sign and deliver a deed with the intention that it be kept until death and not registered. It is a completely legal technique that has been used for ages. Note that there is now another option in this area – Transfer to Death Certificate (TODD), which is explained below.

Furthermore, Parol evidence cannot be the only way to “provide the location or description of the country” and can only help identify the country “from [written] data.” Wilson, 188 pp. W.2d at 152 (citing O`Herin v. Neal, 56 pp.2d 1105 (Tex. App.—Texarkana 1932, writ ref`d)). Texas courts have ruled that acreage is the “least reliable data point” in a legal description. If a transfer contains a description of the land with sufficient certainty that contradicts a land consideration, the land registration is rejected. A caveat about “legal descriptions” from the assessment district: these are usually abbreviated and condensed and not the official legal description of the property as it appears in the real estate records of the district clerk. They are two different computer systems. The legal description in a new deed should correct the description (lot and block or metes and bounds) in the previous deed filed with the county clerk, if necessary, in order to maintain the appropriate chain of ownership. That is, a court will use the preferred parts of the description to get a complete picture of the property conveyed by the otherwise defective deed. For example, if a description describes a distance and a path “to a steel pin” when in reality the distance and heading do not reach the pin, then the position of the steel pin controls the distance or description of the course in conflict.

When describing real estate, a person will usually use many adjectives: spacious or small, accessible or secluded, flat or sloping. But when it comes to the “legal” description, don`t expect a word image that gives an idea of the site. Instead, a legal description in the state of Texas and other jurisdictions will use terms such as lot and block or metes and bounds. The general rule in Texas states that a description of title in a deed is sufficient if it identifies the property with reasonable accuracy.