Writing a deed description in Texas is a little more complicated than listing the property’s address and acreage—something you’re probably already suspected if you’ve ever read a deed. The legal description of the land is important to determine boundaries, location, natural and artificial monuments and more.
Clear, unambiguous deed descriptions are important in the event of a dispute. For example, your neighbors might want to build a fence on your land… without realizing that their desired site is actually on your property. It’s also important when you’re buying or selling a property, so everyone knows exactly what’s on the table.
Here’s what may be included in a deed description.
Metes and bounds
“Metes and bounds” is a legal property description that usually starts with a natural or artificial monument, such as a tree or a road. The description uses that monument to orient the reader, then specifies the course (direction) and distance of the boundary. For example, a deed description might list the western boundary of the property as starting from an oak tree on the corner of your property and extending 100 feet. Then the next course and distance are listed, until the property’s entire boundaries are described.
Since this isn’t an exact science (and monuments can disappear over time), deed descriptions can be ambiguous or just plain wrong. Courts will look to other evidence to try to determine what the parties originally intended.
Sections and townships
The government land survey system has been in effect since 1785, and it divides land into square townships. These are six miles long on each side. Each township is divided into 36 sections. Townships are identified by their relative location to a principal meridian and an east/west base line. When conveying a piece of land within a township, the deed will refer to the relevant section(s) by number. If the property is less than the entire section, it may be described as “the northwest corner of section 7,” or similar.
Subdivision plats
Subdivision plats are recorded with the government, and can make it very easy to identify a piece of land and its boundaries. When a developer creates a subdivision, each lot is numbered. The subdivision map shows the lots as well as land features like streets and parks. Generally, the plat will include either or both metes and bounds descriptions or government land survey system descriptions. This is filed with the county. Deeds can refer back to the plat, the lot number and the county/location in which the plat was recorded.
Other land descriptions
These aren’t the only ways in which land can be described in a deed. Older deeds might describe land by ownership, fractions of the land parcel, specified widths along boundaries and area, relative to landmarks. The less precise the descriptions are, the more likely you and your neighbors will have something to dispute.
Writing deed descriptions in Texas is complicated, but necessary. Let D.G. Smyth & Co., Inc. handle your property survey, so you can rest assured the job was done right.