Introduction To Title Searching Part Two
| | Wednesday, January 19, 2005 @ 10:09 AM EST
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Contributed by: John Michael
John Michael Properties
Read more archived articles about Managing
Title Searching
If you read part one you are now ready for part two.
Part One is located here.
Property Identification Survey and Plats
There are a number of ways available to identify specific properties. There are legal descriptions, permanent index numbers, and addresses.
This will not get us very far in doing a title search; we need a legal description. For a tax search, we will need a permanent index number.
A legal description of a land parcel identifies where it is located within a county. Legal descriptions are key to successful title searching; by knowing the basics, one understands the exceptions and mistakes which can occur in the tract books. Many times the right parcel or block is elusive.
Generally, in the Midwest, legal descriptions are based upon the Rectangular Survey System inaugurated by Congress in 1785.
In many eastern states, the metes and bounds system is used to locate property.
Obtaining the Legal Description
There are four methods of obtaining legal descriptions in most Counties:
- City or County bureaus or maps and plats
- County Treasurer's or Tax Office
- Public Library’s
- Purchased legal description materials
Maps and Plats
Legal descriptions of properties can be obtained from the Maps and Plats office of your County.
The maps contain all the information needed to obtain a legal description.
Purchased maps provide all necessary information except addresses, which may be copied from the atlases.
Unfortunately, most maps do not have tax numbers written in.
The Rectangular Survey System measures land. Its fundamental units of measurement are meridian and base lines, the former running north and south, the latter east and west. These lines have nothing to do with time meridians. Because they were drawn at different time and reflect political as well as topographic features, meridian and base lines are not always equidistant.
Meridians and base lines provide agreed upon, fixed points to locate smaller units of measurement –ultimately property parcel lines. Townships and Sections are the second level of measurement within the Rectangular Survey System.
Townships are based upon square miles and sections are based upon mile squares.
Townships are identified by range lines, which are the north, and south township boundary lines running parallel to the meridians.
Townships often have names to represent political jurisdictions, although the survey system assigns them numbers.
Within each township, there are sections, and the spatial relationships among meridians, bases, townships, and sections.
The Rectangular Survey System does not specify any smaller unit of measurement. Yet, as is obvious, most property parcels are less than the size of a section. Two steps are needed. First, sections are described by parts there are quarter sections of large acre sections normally over 100 acres each, and in turn, these are each divided normally into two segments. Understand each state and county has rules that will determine how large an acre sections are.
Second, block and lot parcel designations result from property subdivision, whereby developers submit subdivision plans, or "plats," for particular properties. Plats describe how the property will be divided into blocks, lots, and streets. Plats must conform to relevant subdivision requirements (for example, street sizes) and are recorded.
In most case subdivisions are given the name of the developer or owner.
Sometimes there are multiple subdivisions which affect the same property, or perhaps an owner sold off property a "fraction" at a time; thus there are fractions of sections rather than blocks and plats. Legal descriptions tend to get confusing at this point.
All townships are divided into sections.
The next step is to find the block on which the property in question is located
You must have a good idea of the location of the parcel in question in order to locate it on the map. The best way to do this is to bring a map of the area with you.
In some cases, it may not be so easy. For instance, when there are several vacant lots in a row it may be difficult to tell if there are three or four.
To identify the lots or portions of a lot, which comprise a property, the property address and a structural base map are needed.
Structural base maps can be normally obtained from your Department of Planning office in your county.
Even if you have a base map of the area, it is still a good idea to do your own survey and plot the properties out on the map or on a second sheet of paper. A structural base map, of the same scale as the survey maps, can be overlaid on the maps to identify the correct lots. The problem is that owners may have acquired additional lots or parts of lots. Only a map with building sizes will define the address.
County Treasurer's Office
Normally will be found in your County Building office.
Many Treasurers' Offices offer methods of obtaining legal descriptions also.
Obtaining legal descriptions from the Treasurer's Office requires that you have the address or the tax number of the property.
Stay tuned for part three.
Note: John Michael is the author of many guides that can help you become more successful as an investor. See http://www.thecreativeinvestor.com/ChanPart-JohnMichael.html
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