September 15 - Real Estate Property Rights and Legal Descriptions

What exactly gives you ownership of a property? Title gives the owner of the property the ownership rights, but they are conveyed in documents such as the one pictured above as deeds. Deeds convey the property rights from one party to another, and are a written form of title over most property. These rights include air rights, mineral rights, and water rights. The most obvious example of these rights is whether or not you are able to pump oil out of your own land? Well, this can be a complicated matter if you do not know whether or not you have mineral rights or not. These rights let the land owner know the extent of ownership he has over the land, whether he simply owns the land on the surface, or has a fee simple estate which he owns the full bundle of rights with the property in question. This is important to watch out for, as a clever seller may sell the property rights as a partial estate, while keeping the extremely valuable mineral rights to himself during a transaction.
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metes and bounds |
While deeds convey ownership of land, a legal description is necessary to describe the exact area and location of land in order to give the possessor an exact description of the property owned. There are different types of legal descriptions, the first one being metes and bounds. This is simply a description of the land using metes to convey distances and bounds to indicate directions of the boundaries which enclose a certain piece of land. An example of this can be show in the figure here.
Another example of legal descriptions can be the rectangular survey system, which uses principal meridians and base lines, townships, sections, and recorded plats.
In summary, property can have different rights tied to it known as property rights. These include the air, mineral, and water rights, and can be sold separately in property transactions. The legal description of property is used to show the exact boundaries of property in order to give the owner an idea exactly where the land he owns begins and ends.