Legal Description

[Brad Potts]

2.95 Acres M/L In Por Lots 4 & 5 MB 012/033 Norco Farms Tr No 3

For example, above, what does MB 012/033 and could you just leave it out?
My mentor had once said that all you need is the tract number and lot, all other info was excess.
Thanks

 

[Richard Carlsen]

That looks like a tax description to me which should never be taken for a legal description. These are typically written so the equalization people can identify the property in their own peculiar short hand way.

If you do not know what the legal description is, ask your client. They should provide you with one as part of the order. If they don't, start requiring one.

If they do not give you one or cannot give you one, use the tax description but note it in your report that one was not provided and the description used was provided by the county (or whomever).

Researching legal descriptions is not part of the appraisal process. That is a job for surveyors and title companies.

 

[Marty Skolnik]

a) I don't know what MB XX/zzz means

b)Maybe it means Map Book XX, Page zzz

c) Call the local assessor's office

d) I wouldn't recommend leaving anything out of an official description. Picture yourself on the witness stand trying to explain to the judge why you left something out... "well Your Honor, my mentor said..." I use those words when I think about taking a shortcut..."Well, Your Honor..." If the explanation doesn't sound plausible, I don't do the shortcut.

marty skolnik
baltimore, md

 

[Jo Ann Meyer Stratton]

I agree with those that say do not leave anything out. It does sound like a shorthand version of a legal description written by an assessment office. Do you have access to the recorded documents? I either use a copy of a printout that I get directly from the assessor's office or a copy of the recorded legal description from the recorder's office. I much prefer the recorded description--because that is the legal description is no matter what anyone else says. Unless they are planning a split or change--then the site needs to be surveyed by a registered land surveyor and the surveyor will write a new legal description. If you don't have a very, very, very clear understanding of the legal description--DO NOT attempt to write your own or leave out anything from any "official" document you might have. Scan or copy the "official" document and use that in your report. That way if there are errors--they are not your errors.

 

[Renee Healion]

In some areas, tax assessors use Map/Block/Lot designations to identify individual properties. I do not count it as a Legal Description and there are admonishments stamped on map copies to that effect usually. But it is a way of identifying a property on a map from the general (map) to the specific (lot).

 

[Walter Kirk]

There are lots of methods to describe the subject. The first and simplest is the postal address. The second is the block and lot number. In some areas the assessor assigns a parcel number. A metes and bounds description in the deed or mortgage can also be referenced. It is best to use more than one identifier like the address and the parcel number, etc. By all means don't rely on any identifier until you completely understand it.

 

[Craig in Oregon]

Other ready sources for legal description:

Plat map usually shows Lot Block and Subdivision name, should also indicate if it's a PUD

If a long Metes and Bounds description, see Prelim, if available and you can scan the legal description page in as an addendum;


if not yet available from the lender, it can be referenced on the legal description line as:

"Lengthy Metes and Bounds Legal Description, see preliminary title report"

I usually ask for a prelim copy prior to completing the report on properties which are not lot and block in city limits, so as to avoide easement surprises, etc.

 

[Nancy Wyatt]

Unless it's new construction, I always scan in the county records. If I can't fit it in the line I just put refer to attached county records. Rarely have a problem. Sometimes I need to get it from title and scan it in if its is long.

I also scan in an aerial map, and whatever I can find off the city/county websites that show the properties lot lines. This may be too much info but I HATE getting calls back to add anything.

The MB could be map/Book. Around here they ususally have the first letters of the town included.

 

[Oregon Doug]

Brad - not to change the subject too much, but the way in which the question is phrased worries me just a bit. Why do you ask "what's the minimum" requirement rather than "whats's the best way to...."?

I'm not picking on YOU but I worry 'bout stuff like that. Maybe I'm jus old.

Oregon Doug

 

[Don Clark]

B) It depends,

If you are doing a narrative(or self contained appraisal report) I would suggest using the entire legal description found in the deed. If you are doing a summary appraisal report then follow USPAP SR#2 "describe the real estate involved in the appraisal"..............Comment: The real estate involved in the appraisal can be specified, for example, by a legal description, address, map reference, copy of a survey or map, property sketch and/or photographs or the like". (Lot's of choices.) And, yes, this standard applies to all appraisal report types. Also, see the example in AO11, with a chart explaining the differences in the report types.

As to a "minimum" It is my opinion that a legal description similar to the one found on a survey is sufficient for a summary or a restricted use appraisal report but not for a self contained.