A legal description in a sales contract must be accurate and specific in order to avoid any future disputes or confusion. This is especially important in real estate transactions, where the property being sold must be precisely identified.
The legal description should include the location, size, and boundaries of the property, as well as any easements, encroachments, or other legal rights or restrictions that may affect the property. It should also include the name of the owner, the date of the sale, and the purchase price.
In addition to being accurate and specific, the legal description should also be written in clear and concise language. This is particularly important if the contract will be reviewed by non-legal professionals, such as real estate agents or lenders.
One common mistake in legal descriptions is using vague or ambiguous language. For example, using phrases such as “approximately” or “more or less” can lead to confusion and disagreement about the exact boundaries of the property. Instead, specific distances and measurements should be used wherever possible.
Another key consideration in drafting a legal description is ensuring that it complies with local laws and regulations. This may include zoning restrictions, building codes, or environmental regulations. Failure to comply with these requirements can result in costly fines or legal disputes.
Ultimately, a well-drafted legal description is essential to a successful real estate transaction. By ensuring that all parties involved understand the boundaries and restrictions of the property, the legal description can help prevent disputes and ensure a smooth closing process.