"legal Description" Phoenix, Az

[George A Easton]

when i first moved out to phoenix, i was told that for legal description, you simply put what is shown on tax records (netvaluecentral). when in california it was the lot and tract. i've never been conditioned on it either way, but more often than not, the stated legal description is simply the neighborhood name like "Cavalier Foothills Unit One". Tax records also show the lot/blk, township, and block which i know better identifies the exact parcel.

so what is the "right" legal description to use?

 

[xm72mhd]

The legal description is what ever was established to identify the land in question. To verify it look on the original deed.

 

[Joshua Fookes]

I include a copy of the Deed & Legal description with every report when I can get it. I've heard horror stories when the appraiser appraised the wrong piece of property, Also had a local appraiser tell me he caught something that had slipped past the Title company and caused a big monkey wrench for the owner afterwards.

From that point on I decided, I must see the Deed & Legal in order to properly identify the property and the rights being conveyed.

Josh

 

[Doug Pack]

George,

A high majority of homes in the Metro Phoenix area are part of a subdivision which are recorded with Maricopa county. In Netvalue Central, you will see a five digit MCR#. The first three digits are the book #, and the last two digits are the page # of the subdivision plat map. The section Lot/Blk identifies the lot #. Therefore, your legal description will generally be the subdivision legal name, followed by the MCR#, followed by the lot number. It should look something like "Cavalier Foothills Unit One MCR ###-## lot ###". Try contacting your client also, and see if they have the title prelim which may have the title company's legal description. Also, in Netvalue Central, there will be a link that says "GIS Maps", and if you select the link it will bring up the subject property in the subdivision map. That's a great way to find out exactly where the subject is located. Just zoom out and pan to the nearest cross streets, and you have an excellent idea of where the subject is located.

Doug

****Update****
You can also search the Maricopa County Recorded docs at Maricopa County Recorded Docs and review the recorded deeds.

 

[George A Easton]

thanks doug.

wasn't as concerned about locating the subject as much as what should be inputted on the field in the report- don't get me wrong, i know it's critical to make sure you're appraising the right property, but since nobody's every complained about how i've been reporting it, it hasn't been an issue. but i knew that what i was putting wasn't technically enough. i appreciate everyone's help

 

[Ultraviolet]

George,

I always use what the assessor's records say (directly from the website) unless it's a recent split or there has been a recent survey I can have a copy of. A data source that is once removed from the actual county assessor's records isn't as reliable, IMO.

Why would you not include exactly what the assessor says, including lot/block and subdivision name? That way anyone looking at your report can pull up online records and confirm info you've provided with the official source.

It's all about normal course of business and what your peers would do. Even the Skippies I know include the assessor's exact legal. Who was it that told you otherwise?

Also, in Pima County all subdivision plats are available on line, including the original dedication. This is a must to have in the file for info on the entire subdivision.

I recently appraised a vacant lot in a subdivision that was not in a FEMA designated flood zone. BUT the original dedication page indicated that five lots were in a county designated flood prone area and would require flood control approval before homes would be permitted. My lot was one of these five. Pulling up that plat dedication was the ONLY way I found out this information. It wasn't in the purchase contract and the FEMA map showed it as clear.

Take advantage of the county records that are available online for use as primary sources. National data services are a good crosscheck but the local agencies usually have better information.

Sorry, didn't mean to get off topic ...

 

[Wayne Tomlinson]

Most of the time, in a town or city, an adequate legal will include the lot, block,name of the addition or subdivision and city,county and state. Pretty simple unless some other divisions have happened over time.

I do mostly farms, and the number of times that the legal description and the actual land area do not agree is suprising.

I am working on one now where the farmer is farming the south 250 feet of a quarter section which is specifically excepted in the deed. In another part, the legal describes that part north of an old Indian boundary. The Sidwell map has the Indian boundary incorrectly marked.

It is always good to know the legal and check it against plats,etc

Wayne Tomlinson

 

[Oregon Doug]

I insert the phrase "See attached deed for complete legal description" and scan in the last known deed of record as an addendum. (I'm lucky, I can download 'em right at my desk.)

Never had a problem with it.

Oregon Doug

 

[Jo Ann Meyer Stratton]

When dealing with a metes and bounds legal description--I recommend looking at the most recent recorded deed which is the final word unless the subject is to be split from an existing parcel. The assessor's records are what a typist one day typed in while reading the legal description on a deed. The typist could have transposed some words, made typing errors in distances, calls, etc, etc. The assessor's office also abbreviates legal descriptions so that they fit within their form or the space alloted for each parcel. Some legal descriptions can go in for several pages (even more chance the assessor's records to have a typing error. If in a recorded subdivision then Doug Pack's info was very good. And if your subject is a metes and bounds description I recommend getting a copy from the recorder's office and including that in your report, just because of the potential for errors in the assessor's records. If the recorded legal description has an error--then there is a cloud on the title until the property owners (or a judge) get it corrected. I discourge you from typing a metes and bounds legal description yourself in your report--that way if there is an error it isn't your fault. Also recommend sketching the legal description on the recorded document in Apex using their survey module so you can verify the area (potential for more assessor's office errors).

Too bad you missed the seminar on legal descriptions last May in Phoenix that was sponsored by the Phoenix Chapter of the NAIFA!

 

[Bill Baughn]

George,

There is the legal description you see on county records and then there are the legal descriptions you see in the title reports. Rarely do the county records reflect what are in the title reports. Even in CA where if you just give the lot and tract, you have not given the complete legal description.

For almost 20 years I have put SEE TITLE REPORT FOR LEGAL DESCRIPTION and with the exception of maybe 4 appraisals that has been fine. Then when they do ask me for the legal, I ask them to provide me with the legal from the title company which I then scan and enter into my report and reference to it such as SEE ATTACHED EXHIBIT WITH LEGAL DESCRIPTION. Once again, I don't actually write it out, only provide what has been given to me. I also describe where the information came from so that someone else is to blame should the info be incorrect.

If it were me, I would use my SEE TITLE REPORT FOR THE COMPLETE LEGAL DESCRIPTION and let it be with that.


Bill Baughn