Quick Answer
Buyers should review the legal description because it identifies the actual real estate being conveyed and insured. Errors in the legal description can involve the wrong lot, a missing parcel, or an incomplete description that may affect ownership rights and insurance coverage.
The legal description on your title commitment defines the property you are buying. Reviewing it may seem technical, but a mismatch between what you think you are buying and what the legal description actually covers can have serious consequences.
The Legal Description Defines the Property
Your street address is for mail and navigation. The legal description is what legally transfers ownership and what your title insurance policy covers. If the legal description says Lot 5, Block 2, but you thought you were buying Lot 6, you have a problem. The deed and the policy will follow the legal description, not the street address.
Example: The Missing Parcel
Consider a buyer who purchases a property that includes a fenced side lot. The street address points to the main house, but the legal description on the commitment includes only the main lot. The buyer assumes the fenced area is included, but the deed and title policy cover only what the legal description says. A survey would reveal the discrepancy, but if no one reviews the legal description against the physical property, the issue may not surface until later.
What Should Buyers Look For
- Does the legal description match what is in my purchase contract?
- Does it include all parcels or lots I expect?
- Does the lot and block reference match the subdivision plat?
- If metes and bounds, does the acreage seem reasonable?
When Should You Ask for Help
If the legal description is unclear, seems incomplete, or does not match your expectations, ask your title company or real estate agent for clarification. Title companies can explain what the description says, but they cannot give legal advice about whether it covers what you intend to buy. If legal questions arise, consult a real estate attorney.
For more on legal descriptions, read What Does the Legal Description Tell You? and What If the Legal Description Is Wrong?
Key Takeaway
The legal description defines what you are buying and what your title insurance covers. Review it against your expectations. If something seems off, ask questions before closing.
FAQs
Can I compare the legal description to my survey?
Yes. If you have a survey, compare the legal description on the commitment to the survey's boundary description. Any discrepancies should be addressed before closing.
What if the legal description includes property I am not buying?
Notify your title company and real estate agent immediately. The commitment and the deed need to reflect only the property you intend to purchase.