Tag: Deed

Title Searches w/Thais: Title Examiner: Boring Job or Not?

I have been asked many times, “so what exactly do you do for your job?” My first attempt at a succinct answer is to say, “I work with title insurance”. However, this generally seemed to lead to the misconception that I was somehow a telemarketer and tried to sell insurance to people over the phone. This mistake on my part led me to believe that a lot of people do not really know what goes on behind the scenes when they conduct a transaction through a title company. And when they do find out, they then assume I have a very boring desk job sitting in front of a computer all day. While I will admit that this 8-5 is not the most, shall we say, exhilarating, I think it is arguable that a Title Examiner can have a very interesting job at times.

To sum up the job of a title examiner, our job is to conduct a search of the public records at the county in which the property in question is located, and to write a Title Commitment, which is the Title Company’s binding promise to issue an insurance policy based on the terms and conditions laid out within it. These 8 or so pages often appear to just be a lot of legal mumbo jumbo, once again giving the appearance of a very boring job. But whenever there is an issue that requires further investigation on our part, we often stumble on some fascinating things, things that often can tie into the history of Kansas, and sometimes even the history of America.

Sometimes, when tracking the ownership of land, we find out that a property has been owned by generations of the same family, even tracking back to the Land Patent – the transfer of title to land owned by the government to an individual. Most of these occurred in the 1800s. Following this chain can lead to discoveries such as very old probates and obituaries, which can lay out the whole reason they moved to Kansas in the first place, and how it passed through children and generations to the current day.

Did you know that according to certain research, there are over 300 ghost towns in Kansas? [1] Some of these were just a result of a failed settlement, but others were caused by events such as the creation of the Tuttle Creek Dam, which everyone knows exists. What might not be so commonly known is that this wiped out multiple small towns in Midwest Kansas. Cleburne, Kansas [2], was one of these. Remnants of the town can still be seen today, but it has been uninhabited since the mid-1950s. Running into documents during a search that reference a town which is nowhere to be found in the present day, instigates a little bit of digging to find out the story of what actually happened.

Every job has its high points and low points, but a Title Examiner is given the opportunity to learn many interesting things, all while doing a stellar job at producing a title commitment at the end of the day. And, thankfully, not spending their day on the wrong end of a telemarketer phone call.

But really, have you met RON?

Ever since the State of Kansas passed and implemented permanent RON legislation, we’ve been hard at work to get RON off the ground and running.

We’re thrilled to introduce you to our friend RON.

Who/what is RON?

RON stands for Remote Online Notarization. This is the process of a signer appearing before a notary public (with RON designation) via a recorded audio-visual call. The documents are signed and notarized electronically, and the signer must complete KBA (knowledge-based authentication) identity verification prior to signing.

The implementation of KBA identity verification makes completing a signing and notarization with RON technology even more secure than in-person.

Why does RON matter?

Over the past few years we have come to understand the need to be flexible and introduce remote solutions. Beyond quarantine and illness, we’re living in an increasingly digital world. If you can order your groceries from your couch, why not buy or sell your house? Both are inevitably quicker and contact free.

The significance of RON goes beyond a matter of convenience. Sellers often move before the sale and buyers aren’t always available to close. Our Kansas RON notaries can complete a notarization with a signer anywhere in the United States. Over the past month, we’ve completed deed packets with sellers in Colorado, Iowa, Texas, and right here in the Flint Hills.  These signings took no more than 15 or 20 minutes, proving to be quicker and more cost effective than overnighting documents back and forth to out of state parties.

How does it work?

Tallgrass Title has partnered with the RON platform Pavaso in order to complete seamless notarizations. Like many other RON platforms, Pavaso boasts KBA identity tools and an environment to perform audio-visual sessions, that are recorded and stored for 10 years (should there ever be any question about a particular signing or document).

Pavaso also allows for your Tallgrass Title closers to act as the notary during these RON sessions, whereas many RON vendors require that you use their contracted notaries. We understand that relationships make up 90% of the work that we do – if you and your client utilize RON through Tallgrass Title, you and your clients will be meeting with your beloved Tallgrass Title closers.

If we decide that RON will be right for your next transaction, we will send the signer and any requested observers links to sign up for Pavaso in advance of the scheduled “closing” time. During this time, the signer will have access to review the documents they will be signing in advance. We feel that this gives the client opportunity to prepare questions for the closing agent and avoid the “rush” feeling that often accompanies in-person signings.

When will this be available?

It’s available now! We have been using RON to complete deed packets for several months now and have found this to be an excellent resource for sellers. We hope to utilize RON for loan packets in the future, but approval will always be up to the individual lender’s discretion. If your lending institution is interested in or already using RON, let’s talk!

That’s a wrap!

If your team would benefit from more information about this awesome resource, we’d love to sit down and provide you with more information and/or a demo! Please keep this awesome resource in mind for your next transaction. And as always, let us know how we can best serve you and your clients – it’s what we’re here for!

Closings with Karissa: Property Taxes

Closings with Karissa is back with a few helpful reminders on property taxes and second half payments.

It’s that time of year again.

Real estate taxes are due to the county treasurer. Do you pay them before closing? Will the Title Company pay them before closing? What if the seller’s lender pays them before closing and the Title Company collects for them too? These are some of many questions that might swirl around homeowners’ heads right before closing.

First & Second Half

Taxes are available for payment in November of the current year with due dates of December 20th of the current year and the following May 10th. Taxes can paid in full in December or paid half and half in December and May. They first half is considered delinquent on December 21st and will start accruing late fees and penalties on that date. The second half is considered late on May 11th and will start accruing late fees and penalties on that date. If your closing is taking place after one of those dates and you do not have taxes set up in escrow, it is advisable for payments to be made prior to closing to avoid extra charges.

Taxes & Your Closing

Taxes are considered a lien on real estate. They are always there (unless the landowner is tax exempt) and will be in first lien position to all other liens – including mortgages. This means that taxes will always be paid out first in the event of a court action and your closing agent will make sure that tax payments are up to date.  If current taxes are not yet paid, they will apply that payment to your settlement statement to be paid at closing, including any applicable fees.

If closing takes place in October or November, it is likely that the seller rather than the buyer will receive the annual tax statement.  This is because the county treasurer’s office may not have new owner information updated prior to mailing out November tax statements.  If this happens the taxes are still the responsibility of the party that agreed to pay the year’s taxes as part of the real estate contract.

Things to remember:

  • Taxes are due December 20th and May 10th
  • The Title Company will pay off taxes based on the terms of the contract
  • The Title Company will never keep funds collected for taxes already paid, they will always refund payments rejected by the treasurer for previous payment.

If you have more questions about taxes, please reach out to your closing agent and they will walk you through taxes and prorations. It is our job and our pleasure at Tallgrass Title!

Closings with Karissa: Contract Best Practices

The heart of any real estate transaction is the contract. It is the meat and potatoes.  Everything that the realtors, lenders and title company need to know to close a deal is in the contract and any amendments or addendums that follow.

Therefore, it is important to have everything that the parties desire within the transaction clearly outlined in the contract . This might include a seller credit or home warranty, Or if certain appliances are to stay or go with the seller. All these things must be included in the contract to set a standard of expectation. It also prevents incidences of: “Well that was my washer and dryer” and the seller running off with appliances the buyer is expecting. Or even worse: “That other lot was supposed to be included.” If it wasn’t on the contract, it won’t get conveyed.

 

Here are some helpful tips to make sure there are little to no issues when writing your real estate contract:

Identify the Real Estate

Know what you are selling. Even if all you have is an aerial from Google Maps with a hand drawn outline of what is intended to be sold and an address. Send that to your title company and ask for a preliminary report. In their search process, they will the correct legal description to include on your contract, preventing issues later with lots or tracts being omitted or included by mistake.

Identify the Parties

A preliminary report will include how the real estate is currently vested. So, if John and Jane Smith want to sell their house, the preliminary report will note that the property is actually owned by John A. Smith and Janice Smith (their legal names) or Jane Smith’s Trust.

The Buyer in the transaction will direct how they want to take title to the real estate on the contract.  The buyer might prefer to take title with first, middle and last names or just first and last.  Or they may request to take title via a trust or a company.  This should all be included on the initial contract or a follow up Addendum.

Set a Purchase Price and Terms

Agree on a purchase price. Once the purchase price is decided, set the terms. Who will pay closing costs to the title company, title insurance and any? Will there be a Home Warranty and who will pay that and how much? Is the Seller willing to offer a seller credit to help with the buyers closing costs? What stays and what doesn’t stay with the property? Never assume that appliances stay, even if it seems logical.

Pick a date to close

Closing dates can be very flexible and easily changed with addendums so long as all parties agree to it. Often contracts will state “on or before” and that just means that at any time before the stated close date in the contract the transaction can be closed if all parties agree. In the current market, unless it is a cash deal, give yourself, your client, and lender time and set closing out 30 to 45 days. Best practice is to avoid closing on the very first or last day of the month as these are the busiest days for closings, and it may be difficult to get the time you want unless you schedule early.

Ask questions

If something doesn’t seem right to you, ask questions! For Buyers purchasing or sellers selling a home this is a huge change and can be very tense. We understand the stress of each transaction and are here to help and answer any questions. Even if they seem trivial, we are happy to assist and walk you through the process, it’s our job!

 

 

 

Reverse Mortgages and You!

What is a reverse mortgage?

Can I sell property with a reverse mortgage? Should my grandma get a reverse mortgage?

With a conventional mortgage, a person borrows money from a bank and the bank files a mortgage on the person’s real estate.  If the individual fails to pay back the loan to the bank, the bank uses its mortgage to sell the real estate.  Simple enough. Most residential real estate transactions involve the buyer obtaining financing from a bank to purchase the real estate.  The bank in turn files a mortgage during the process.  The funds are distributed in a lump sum to the sellers.  In a reverse mortgage scenario, funds are distributed slowly, over time to the party owning the real estate.  The lending bank files a mortgage just like a traditional purchase money transaction.

Wait.  Why would the bank make payments over a period of time to the consumer and not the other way around?

Commonly, elderly individuals that own their home and do not currently owe money against it utilize reverse mortgages.  For example, if an elderly person owns their home free and clear of liens but is on a limited income, it can be difficult to pay for day-to-day expenses of living.  At the same time, that person may have tens or hundreds of thousands of dollars in equity in their home.  House rich and cash poor.  A bank would likely not make a conventional loan to the individual because they have no source of income for repayment.  The only option for this person may be to sell their home to realize the equity.

However, a reverse mortgage will loan the individual money, typically in the form of a monthly payment, and secure the loan with a mortgage on the house.  This allows the person to realize their equity while remaining in their home. When the borrower passes away or moves out of the house, the mortgage company is either paid in full from the sale of the home or forecloses the property to sell and satisfy the debt.

Sounds decent, what’s the catch?

There are a few catches.

Unscrupulous Marketing

Many reverse mortgage companies use unsavory marketing tactics to target elderly folks.  Oftentimes folks entering into reverse mortgages do not actually require the payment to live have been convinced otherwise.

Excessive Cost

Interest rates with reverse mortgages tend to be much higher than conventional loans and reverse mortgages can carry multitudes of hidden costs to the borrower.  The interest also compounds over the life of the loan as opposed to a conventional loan, rendering reverse mortgages much more expensive.  Even worse, many reverse mortgages will only provide monthly payments for a set amount of time. So, an elderly person living off reverse mortgage payments could still be forced to sell their home and then have no money left to live.

Fine Print

Lastly, reverse mortgages are difficult to understand.  The documents are cumbersome for even a trained real estate or lending professional.  These loans can be quite one-sided in favor of the lending institution, yet many consumers enter into these types of loans without fully understanding the fine print.

Can I sell a house with a reverse mortgage?

Sure, probably, maybe, perhaps. 

Just like a conventional mortgage, if the underlying debt is paid, the mortgage will be released and the property may be sold free and clear of any liens.  Problems arise when the debt owed against the real estate outweighs the value of the home.  This is often the case with property subject to a reverse mortgage.  It is possible that the bank could agree to a “short sale,” where the bank will agree to accept less than the amount of the debt.  However, this process is typically quite cumbersome and can take several months to complete.   Additionally, there are no guarantees the bank will agree to a short sale. Several months of negotiations could result in the property not being sold.  Further, additional costs and interest continues to accrue while attempting to obtain a short sale arrangement.

Long story short, yes, a person may sell a house with a reverse mortgage.  However, best practice would be to contact the bank and request a “payoff” prior to entering into a contract for sale.  The payoff is the amount that the bank will accept for release of its lien.  If the payoff is greater than the sales price, this may be an issue that could delay the transaction.

As stated above, reverse mortgages can be quite challenging to navigate in a transaction.  That’s why Tallgrass Title has real estate professionals and attorneys on staff to assist in navigating these issues.  Give us a call, it’s our job!

Early Deed Packets = Smooth Closings!

We have a saying in our office: “early deed packets means smooth closings!” But why would a few signed documents mean closing would run smoother? The more information we receive ahead of closing allows our closing team to gather any additional information we may need well in advance.  An early and complete deed packet allows us to balance with your client’s lender and get final numbers out for buyers in cash transactions. That way, when the day of closing comes around finalizing the transaction is a smooth process, leaving more time for celebration and little to no concern about whether things will fall into place.

Deed Packets contain several documents that consolidate much of the information we will need prior to closing.  This includes a form that allows us to contact the Seller’s current mortgage holder to obtain a payoff. This is especially important right now with many mortgage companies experiencing staffing shortages with extended processing times.  Oftentimes, it can take up to 20 days to get payoffs returned to us.

Early deed packets also allow us to deliver early settlement statements to you and your clients.  This gives plenty time for review and provides a clear picture of what the closing day will look like on the financial end of the transaction.

Additionally, some expenses will not be clear to us until we have the deed packet returned, including information about Homeowners Associations.  Having information about a property’s HOA membership in advance allows us to ensure that prorations are applied appropriately at closing.

This early document package also contains important information about email fraud and wire fraud. We want to help protect your client’s money just as much as you do.  This information is available to all of our clients in order to inform them of the dangers of spam emails and the possibility of fraudsters intercepting wires. Likewise, we include information about how we protect our clients from theft with CertifID.  We use CertifID to send or verify wiring instructions prior to the day of closing.

We understand sometimes coordinating a deed packet signing can be an issue as schedules vary.  Your clients are more than welcome to come to either of our offices Monday through Friday during business hours and we would be happy to walk through the deed packet with them. Alternatively, we offer free courier service and would be happy to meet your clients at a convenient location in Manhattan, Wamego, Alma, and Westmoreland.

Should you have any questions about the contents of a deed packet, feel free to contact one of our real estate professionals to assist you through the process.  It’s our pleasure to assist you!

Five Common Misconceptions about Title Insurance

When it comes to purchasing a new home, you are making a long-term commitment with your money and your time. One oversight when purchasing is the consideration of the history of the home.  I do not mean the structural integrity of the home rather, the history of the legal title to the home. We are talking about the history of ownership of the land and the structure located on it. Title Insurance is a way of giving you peace of mind that you have full ownership of what you have just purchased, and that no monetary claims will arise from an individual or a business entity in the future. If that were to ever be the case, Tallgrass Title would have your back!

When it comes to Title Insurance, there are some pretty common misconceptions that might deter a buyer away from deeming it necessary. We want to help you navigate some of those misconceptions in order to make sure you are aware and get the coverage that you need.

If the Lender orders Title Insurance, the Buyer does not need to.

In most real estate transactions, the Lender involved will require Title Insurance. As discussed, Title Insurance protects from future claims of lack of ownership, liens, undisclosed heirship issues, ordinances, lack of right of access, etc. However, the insurance that the Lender requires only protects the Lender, not you as a Buyer.  Two separate insurance policies exist that Title Companies offer: a Lender’s Policy and an Owner’s Policy. Often, a Lender will require the Buyer to purchase an Owner’s Policy.  Most title companies offer a significant discount the the issue of simultaneous Lender’s and Owner’s Policies.

If I have Homeowner’s Insurance, then I do not need Title Insurance.

As previously mentioned, Homeowner’s Insurance only protects your home from damage caused by hail, fire and wind. Title Insurance protects your ownership and against aforementioned claims.

I have built a brand new home; therefore, I do not have to worry about ownership issues.

Although it is true that you are the very first owner of a home, the land that your home sits on has long been in existence and has had many previous owners. Title Insurance not only protects your house, but it also protects the land that your home is settled on!

Title Insurance is transferable from one owner to another.

While the idea that one owner can transfer Insurance to another does seem plausible, Title Insurance only covers specific owners of the specific property for their specific transaction for the duration of ownership. This coverage will end upon the transfer of the real estate, so each new owner needs to make sure they are protected.

Title Insurance is expensive.

When considering the amount of money being invested in your home, an Owner’s Title Insurance policy has very minimal cost, and unlike a Homeowner’s Insurance policy, Title Insurance is a one-time payment that protects you the entire duration of your ownership. Further, Kansas has some of the lowest title insurance rates in the nation.

Not only does Title Insurance protect you, but your Title Company will also be there to help you navigate through the milieu of Real Estate and give you the assurance you need while owning your home!  We are also here to answer your specific questions regarding what is covered.  This can at times seem daunting, but our trained professionals are here to assist in these regards.  That’s our job!

 

Defining Deed Packets

Getting Deed Packets signed early is an essential part of the closing process. It helps your Closer calculate certain fees, pull payoffs if there are any, and makes it possible to verify information for post-closing tasks well in advance

There are quite a few documents in every deed packet and it might be difficult to remember what they all mean if your client asks, so today I will walk through our Deed Packets and what each document is used for.  As always, our team remains available to answer questions that you or your client might have about completing these documents. So don’t hesitate to give us a call!

Fraud Warning Fact Sheet

We use this form to make our clients aware of wire fraud and our partnership with CertifID to ensure that all wire instructions are verified and insured when the funds leave our office via wire transfer. Each statement will need to be read and initialed and then signed at the bottom.

Authorization for Release of Information (Payoff Requests)

This form allows us to request payoffs for existing mortgages in order to clear them at closing. The more information provided, the easier it is for the closing agent to obtain the payoff. Along with the signature line is a place to include the Sellers SSN and the date they signed the release.

1099 Tax Information Sheet

The top portion of this form will need to be filled out completely with the Seller’s Address, Phone number, and SSN or EIN. This will help us send out accurate 1099s the following January.

Proceeds Instruction Sheet

These are instructions for us to disburse the proceeds and how to get them to the Seller in the transaction. Once a selection has been made from the list we will need the form signed and returned with the rest of the packet. These instructions can always be changed by signing a new form with new instructions.

Authorization to Pay Commission

If there is a realtor, this one allows us to get the realtor paid at closing in the accurate commission amount as designated by the Agreement. It will need to be filled out whether there is a commission percentage or flat fee. If there is a Seller Realtor Admin fee, there is a place to include that as well and then it will be signed by both Seller and Listing Agent.

Homeowners Information Sheet

Not all packets will include this form. If the real estate is not located in a subdivision or we know that there are no HOAs in a certain subdivision, we will not include this. If it is in the packet, we will need to know if there are HOAs. If there are not, the “No” box will be checked and you can move to the next form. If there are HOAs then the “Yes” box will be checked; please complete as much of the HOA contact information as possible.

Authorization for Release of Information to Designated Realtor

This form will not change how we treat the transaction. Sellers have the option to direct us not to share their private information with the Buyers Realtor. If the top box is checked, directing us not to share information with anyone other than their realtor or lender, then we cannot and will not share a settlement statement with anyone, even those involved in the transaction, other than their realtor and lender.

NOTE: To prove commissions have been applied appropriately we can send a heavily redacted version of the ALTA settlement statement that only shows commission amounts and the Sellers signatures.

Covid-19 Notice of Possible Delays

This one is a notice that lets everyone know that there could be delays related to Covid-19 with getting documents recorded, back from recording and getting final policies issued.

Notary Instruction, Identification Verification and Notary Information and Certification

When documents are notarized, our office needs proof that the notary checked the identification of the signor and that the notary is in good standing with the state in which they are bonded in. It will also help in the event that we need to contact the notary if we have any questions regarding the notary’s information.

Affidavit as to Debts, Liens and Indemnity

This affidavit is a statement made by the seller that there are no liens or potential liens, or that no one holds an interest in the real estate that we would need to clear up prior to closing. This will need to be signed in front of a notary.

Limited Power of Attorney

We include a Limited Power of Attorney in all of our packets for Sellers to utilize. If signed it allows the realtor to sign settlement statements and any Buyer loan docs on behalf of the Seller. It is not required and is solely at the option of the Seller to sign.

Deed

The Deed varies as much as the transaction itself as to what kind of Deed is used to transfer the real estate. This will need to be signed by everyone who holds an interest in the real estate to complete a free and clear transfer. We hold the deed in our office until the transaction is closed and funds have been disbursed. At that time we record the deed with the county register of deeds to complete the transfer. The original will be sent to the buyer with the final loan policy.

In addition to the above, other documents may appear in a deed packet on a case by case basis.

Affidavit of Non-Production – Used to clear existing expired oil and gas liens.

Affidavit of Child Support or Spousal Maintenance – Used to clear divorce/child support cases.

Certificate of Trust – Used to prove the trustee signing has authority to sign.

Corporate Resolution – Used to prove the signor of a company has authority to sign on behalf of the company.

Affidavit of Death – Takes the place of a death certificate to clear title.

The earlier in the process we can get these documents signed and back to our office, the smoother we can make the whole closing process. Everyone in our office is a notary and we are more than happy to meet with clients to get Deed Packets signed.

We do offer a free courier service and can send someone to you to get everything signed if you just can’t get away. Just call our office and set an appointment for a time that works best for you.

Electronic Signatures – are they secure?

In our current moment of social distancing and increased dependence on technology, many will question what is better:  wet ink signatures or electronic signatures. Some may debate that putting a pen to paper and scrawling their signature is a fool proof and tamper proof way to sign a legal document. You may be surprised to hear that electronic signatures through a program designed for just that, signing electronically, are more secure and oftentimes a better way to put your official seal on a document.

How can that be?

You receive an email asking for a signature on a document. You click accept, click to sign, select your signature, then complete the process. How in the world could that be more secure than a wet ink signature?

The programs designed for electronic signings are designed to pull multiple factors of authentication to prove that you are in fact the signer of the document. The records are retained and track the history of actions taken with the document, for example, who opened, viewed, signed and the location each action took place. When the document is completed a certificate of completion is attached to the document showing that all have signed with a time stamp, IP address and any other pertinent information to identify the signer. A digital seal is also attached to that document.

Signing in person is secure as well, however there are not multiple factors of authentication to prove that the signer did sign the document. There is no electronic witness proving the identity, location, or other identifiers provided by e-signing programs, that the signature was put on the paper by the authentic signer.

Both are secure, accepted ways of signing documents in the real estate world. For those who are less electronically inclined, wet ink signatures may be the way to go. For the more tech savvy folks among us, you may prefer clicking a button or using your smart phone to sign documents on the go. Whether you prepare in-person or electronic signings, we are here to help you through the process with helpful tools and friendly staff available to answer questions.

Legals with Lippman: Section-Township-Range and Land Surveys

We’re starting a new series on the Tallgrass Title blog: Legals with Lippman!  In this series, our Production Manager, Sydney, will be focusing on topics related to real estate legal descriptions.  Sydney will help make sense of plats (and replats), original townsites, water rights, condemnations, and how all of this affects you and your clients’ transactions.

Section-Township-Range Legal Descriptions (and Why Surveys Can Make Your Life Simple)

Legal descriptions are a graphic depiction of a property. They outline the boundaries and features of a tract of land creating a map.

Legal descriptions commonly start out with a section-township-range description (with the exception of “platted” ground which will be covered in a future post.) This type of surveying system was adopted in 1785 and is used throughout the United States.  Through this system townships and ranges are separated into sections, each section totals 640 acres and is one square mile, forming a grid pattern to help locate a given property. Townships run north and south while ranges run east and west. Each township range is broken into 36 sections making them 6 square miles.

Many legal descriptions start by dividing sections into quarters, halves, and quartered quarters. However, when real estate is broken down further, it can get a bit complicated. For example, suppose that in 1901 John Jacob purchased the NW/4 of Section 10, Township 10, Range 10. Then, John Jacob gave a portion of the property to each of his four children and each received a quartered quarter. Allen Jacob received the SW/4 NW/4 of 10-10-10. Allen wanted to pass this land on to his two sons but wanted the house to go to his daughter. This is where things can become less cut and dry. Allen decided to divide the property along a stream that runs halfway through the property. Everything North of this stream went to Bart, everything South went to Chester. Seems simple, until you take out the house and five acres surrounding. The five acres and the house are also along this stream. This is where a survey of metes and bounds legal description comes into play.

A surveyor will draft a legal description beginning at a designated starting point; also called a point of beginning. In this case it might be the southwest corner of the northwest quarter of Section 10, Township 10, Range 10. A particular degree and number of feet is then determined, and the legal description continues through a variety of angles and distances until it comes back to the point of beginning. This creates a map of the property boundaries.

After reading the above example, one can see that there are many instances where a survey is needed to produce a metes and bounds legal description. They can help resolve any possible boundary disputes, accurately determine the size of a tract of land, or to determine the location of any easements, setbacks, or other such restrictions on future development.

Surveys can also be extremely helpful when a legal description has become convoluted. Say John Jacob decided to sell half of the NW/4. Peter Crow now owns the N/2 of the NW/4. Peter then sells the South 10 acres of the N/2 of the NW/4 to Monica Chang. Monica sells four one-acre tracts off for housing development. Monica’s legal description is now the South 10 acres of the N/2 of the NW/4 of 10-10-10 less one acre less one acre less one acre less one acre. Having a survey done of the remaining six acres would  simplify her legal description. .

Dealing with legal descriptions can be tricky, that is why we are here to support you. If you have any questions about section, township, range legal descriptions or surveys feel free to contact one of our real estate professionals for guidance.