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A legal description provides legal evidence of the boundaries and allows a surveyor to accurately determine property lines at a later time. This is incredibly useful and necessary during real estate transactions or disputes. The description will typically appear on sales contracts and the property deed.
Because an easement represents an interest in land, it is required to be in writing, subscribed by the grantor, and delivered (Sec. 5.021). In order to be recorded, an easement deed must be signed by the grantor and properly acknowledged, sworn to with a jurat, or proved ing to law (Sec. 12.001a).
Fractional Designation: The most common form seen. A fractional designation uses rectangular surveying to correctly describe the land in sections. Metes and Bounds: This form of description uses references, such as streets and rivers to identify each point of the property (north, south, east, and west).
The property description used in deeds and other land documents will refer to the name of the subdivision and the lot number. For example: "Lot 42, Block 3, of North Lakes Subdivision #1, ing to map or plat thereof as recorded in Plat Book 62, Page 9, of the Public Records of Orange County, Florida."
Competing Easement Rights Sometimes homeowners want to understand if they can remove an easement from their property or can a property owner block an easement. If the intent is to prevent or obstruct the use of the easement, the answer is probably no.
Before you sit down to read your legal description there are a few things you should know?. There are three different formats of legal descriptions: rectangular survey system ? also known as sectional ground, lot and block, and metes and bounds.
The lot and block legal description is the simplest to read by the average person. It is often used in planned land subdivisions and contains: The individual lot. The block where it is located.
Easements may be extinguished by abandonment. Abandonment takes place whenever cessation of use occurs accompanied by a clear intent never to use the easement again. Mere nonuse does not constitute aban- donment. However, the intent may be inferred from the circumstances if such evidence is clear and definite.