Understanding Missouri Legal Descriptions of Property

What You Need to Know About Legal Descriptions of Property

The legal description of the property is how people in the State of Missouri (and most other states) point to specific parcels of land and say that that is what is being exchanged from one person to another. This is different from some states which use term legal descriptions that don’t require as much specificity. In fact, Missouri requires that if you are selling a part of a lot or a fraction of an acre then you need to survey that up and let the surveyor write a new legal description to describe it.
There are two primary types of legal descriptions in Missouri. The first is using metes and bounds. The second is to just refer to a tract description, which is basically to say – this property is as shown on the attached plat. Both are equally binding but arguably there are some allowances for vagueness with respect to a lot within a subdivision as opposed to a tract.
Besides for a few areas, all subdivisions in the State of Missouri have been platted. Platted means that the owner went through the subdivision process and said that it was going to give a piece of land a name and then essentially a plat map was prepared in the process of the subdivision which describes the land when it is subdivided.
Usually that subdivision process is at least under a minimum set of rules or standards which means that the common use will be to simply say – we are referring to the tract as shown in Book 1234, page 5 of the plat records of Boone County . Living in Boone County, that is the County Recorder of Deeds for Boone County, Missouri and as a result they will maintain within their office a plat book, which is like a book that contains all of the maps of the subdivisions within the County. That is a public record and as a result anyone can walk in and look at those books and see what that land looks like when it was divided up.
Every subdivision is allowed to have a name which is for the most part a meaningless name, but is required to be like in this example "Magnolia Gardens" followed by "a subdivision of Boone County, Missouri." That will be in the legal description and it is there to help the reader understand what exactly we are referring to. Again the be all end all is going to be the lands that are shown and of course what is shown in the plat map. Now you also have subdivision declarations which will have additional detail and those declarations can be amended so that the land might change a little bit over time, but they do have the ability to change and often they affect things such as the easements, restrictions and the like.
So from a declaratory standpoint in some situations there are situations where it can be a little bit tricky but in terms of understanding the basic concepts, most people recognize these are just references to the facts that we are discussing or referring to. As a result we can understand what we mean when we say that a property is being described as Book 1234, page 5, Boone County which incorporates document number 1234 as referring to the Strawn tract in the Magnolia Garden Subdivision.

Breakdown of a Missouri Property Legal Description

A Missouri legal property description is a written description that provides the necessary details of real estate in order to sufficiently identify the boundaries of that real estate. A common misconception is that a Missouri legal description must always include a metes and bounds description. This is not true. Metes and bounds is just one way to legally describe a piece of real estate.
There are several elements of a legal description of Missouri property. A few of them are: Most properties in Missouri will have a lot number and block number. The lot number is the identifying number of the specific lot (or parcel) of land in relation to the whole subdivision of platted land. The block number is the number of the block in which the lot is located. Pre-approved subdivisions have all the lots and blocks planned out before they begin. Existing subdivisions typically are surveyed and the individual lots and blocks are assigned numbers before the lots are sold.
Township, Range and Section typically only apply to unplatted property and/or rural property where the property lines are not defined by a subdivision or similar plat. The property is described by stating that it is located in a certain township of said county. Within that township, the property is located in a certain range. Finally, within that township and range, the property is located in a specific section. A section is the legal subdivision of a section which is 640 acres (one square mile). Most counties in Missouri utilize sections in their descriptions of real estate.

Surveys in Missouri

However, on residential properties, these descriptions typically appear in the following forms: platted lots with lot and block designations, or metes and bounds descriptions.
Most residential development occurs on platted properties. Platted properties are created when a subdivider submits a subdivision plat for recording with the local jurisdiction. This formal document includes a graphic depiction of the property, such as a map, along with a written description, usually with a depiction of each of the lots. A metes and bounds description, similar to the description in the prior example, is typically used for commercial, larger-scale developments that do not have recorded plats. Depending on the type of development activity occurring, the appearance of a legal description may vary.
In either of the above examples, the point of beginning is identified in the graphic depiction and referenced in the written description. The metes and bounds is defined by a series of points, angles, and distances, often written as a series of calls, such as "from Point 1 N 24°38’15" W for 868.06 ft. to Point 2…"
Subject to a few exceptions as discussed below, the statutes addressing the surveying methods used to create legal descriptions of property in the state of Missouri, including those in the St. Louis area, require that surveys be performed only by licensed land surveyors. Our discussion of each of these statutes is under 2 CSR 30-10.020, Land Surveyors. The definition of a "surveyor" is specifically provided within the statutes and can be found in 474, RSMo, Sec. 10.020 (6), which provides as follows:
"(6) Surveyor means an individual, including a land surveyor, who does work related to surveying or related services related to a survey and report for the purpose of designing, mapping or describing a property, and preparing documents which create documents of conveyance or are required for the subdivision of land, including preparing documents for applications before governmental authorities or agencies."
This definition is a comprehensive, all-inclusiveness definition that captures plans and applications submitted to governmental authorities, i.e. permit applications, subdivision, and development plans.
Although the legal description itself must be prepared by a licensed land surveyor, the actual survey is not always created by a licensed land surveyor. For instance, in the case of commercial development, it is not uncommon for the survey to be prepared by a licensed engineer. However, it is a requirement that the surveyor, regardless of whether the surveyor is an engineer, licensed land surveyor, or architect, prepare and/or sign and seal end product, if the survey presents itself as either a metes and bounds or a subdivision lot and block legal description. What would be even better would be a combination of the metes and bounds description and the subdivision, except that with this combined map description, the surveyor generally omits the angle and distance information.

Legal Description or Address

In Missouri, a legal description of a property is typically defined as the words contained in a deed that describes the parcel of real estate. A "plat map" is often used to describe the property. For example, General Land Office records for the City of North Kansas City show this as the legal description:
Lots 24, 25, and 26, Block 84, North Kansas City, Missouri, as shown by the recorded plat in the Office of the Recorder of Deeds, Clay County, Missouri.
"Block 84" is not at issue; the problem when using just the lot numbers would be the subdivision name and the county. That’s because lot numbers are shared across subdivisions. In this example we must assume that the North Kansas City plat map was used, and Clay County doesn’t have more than one North Kansas City. Developing a city involves both the county and the city’s plat maps.
Technicaly, a houses number is part of a property’s legal description, but it’s not an adequate legal description by itself. However, it is what most of us see on billboards, lawn signs, headlines used by reporters, and real estate advertisements. Often these attempts to illustrate where a property is are sloppy and imprecise.
Why is a legal description better than an address? A legal description is backed by a title search which must be filed with the Recorder of Deeds office. The title company put time and money into their title sketch and the title insurance policy should include the legal description.
An address is not backed by any such research project. An address is more like a nickname than a legal description. Often an address is simply a total guess developed by the letter carrier. In some subdivisions the numbering is completely inaccurate. For example, 1656 Wellington is directly across the street from 6918 Washington. Having been to both locations, I can state with certainty that the postal workers are unreliable!
Using lot numbers is better than using an address. We see this in marketing a home. Late last year an agent told me he was going to advertise two different lots using the same picture. I asked him how he could do that. He said they were in the same subdivision. When I once asked a real estate professional if we knew the layout of a property simply by looking at the plat map, he replied, "If you looked at ten lot layouts in a row, you’d know ten different layouts." The plator doesn’t include patio homes or attached homes. So even when using lot numbers, a potential buyer is often misled because lots may not be of the same type.

How to Update and Correct Legal Descriptions

Updating the legal description may also be necessary when there are two properties that were erroneously combined into one or if changes have occurred due to street vacations, partial takings by condemnation, the resulting binding effect of a merger with another parcel of land, or for simple errors in the recording of the legal description. Errors in legal descriptions may include: Errors in legal descriptions result in clouded title, which hampers the ability to transfer and convey property . The Missouri legislature adopted the Boundary by Acquiescence doctrine in 1955 (Chapter 516.530 RSMo, et seq.). The purpose of this statute is to allow for the correction of errors in the legal description in deeds, mortgages and other instruments relating to real estate for the benefit of record owners by way of a presumptive black-letter rule. If the relevant legal description is ambiguous, the law provides that the property conveyed can be located by extrinsic evidence. This is often helpful when the parties who signed the legal description are deceased or unavailable.

Legal Description Mistakes

The legal descriptions of property are used in deeds to determine the boundaries of land. Usually, the description is a call from section corners and then follows the boundaries of the land along its lines and marks. When the legal description is accurate, all problems in the deed can be traced back to the legal description. On the contrary, if a legal description is inaccurate several problems can occur.
In Missouri, if there is an ambiguity in the legal description, the courts will look to see if there is any evidence of intention of the parties (including the parties in the original deed, or the grantee and grantor in later transfers) in regards to the intentions to the legal description. Simply put the law prefers the intention of the party to the deed, this intention can be found in any credible source including the statements of the parties involved, or interpretation of the intentions through historical records.
At the other end, if the description is too general Missouri law will look to the general location of the land, in other words, what was the purpose of the transaction? Was it intended to include the surrounding land, was it a standard land transaction?
If the legal description is defective there are some possible ways to fix the problem. One way is to perform a survey of the land, to clear up the deed. The law in Missouri is clear, if the legal description is so misleading that it is illegal to the point where the land cannot be determined then the deed is void. However, it is a strong presumption that the deed was not meant to be void and the courts will try and rectify this when possible. Therefore it is important to know what your intentions were in regards to the deed.

How to Get a Legal Description of Property

It is often important to parties in real estate transactions, and lenders, to know exactly what property is being bought, sold, mortgage, conveyed, etc., a description of that property is required. This often times is contained in a property deed, title insurance policy, mortgage, indenture, judicial determination or other document as previously explained. Of most importance for this purposes, when title to real property is acquired, the legal description of the property will be contained on the deed itself, as well as in the title insurance policy, the deed set out above and in county records. The legal description so set forth will be proper to convey the property to a grantee (the person who acquires or buys property) or to properly encumber the property with a mortgage or security deed.
There are generally a couple places to find the legal description of real property. It can be found on a purchase agreement, which typically contains the entire legal description, as well as the address, in a shorter form. However, the entire legal description itself is often, but not always, set out in the Purchase Agreement.
However, the property deed is often made up of one, two or more transfer tax forms which are often provided by the county on a form titled "Missouri Deed of Trust Cover Sheet", or some other title with similar verbiage, and perhaps a "Documentation Endorsement". In addition, the legal description itself is actually set out in the body of the deed itself.

Tips for Legal Descriptions

Working with legal descriptions of real property in Missouri can be intricate and complex. The following tips may assist owners, buyers, and sellers to navigate the process of recording a legal description of property:
— when obtaining a legal description from a title company, be sure to ask for a METES AND BOUNDS description, as well as a "the site" description. The METES AND BOUNDS description will be more detailed and more accurate than the "the site" description;
— before purchasing any property, consult with a land surveyor about the most accurate METES AND BOUNDS description for the property;
— when choosing and hiring a land surveyor, try to work with a professional who works in the area in which your property is located, as they will be most familiar with the process in that area;
— always specify that the land survey is for the purpose of creating a LEGAL DESCRIPTION; you will have no recourse in a court of law if the legal description is incomplete or erroneous , so it is always best to prepare a good legal description before submitting an application to the Missouri Department of Natural Resources;
— work closely with your surveyor throughout the process of preparing a legal description, when in doubt inquire of the surveyor’s work, making certain that any questions or problems are well addressed before continuing the process;
— when ready, always work closely with the land surveyor and also work closely with officials at the Missouri Department of Natural Resources to attempt to resolve any problem(s) or question(s) associated with the legal description of property;
— do not start any development on a piece of property without first recording a legal description with the Recorder of Deeds in your county;
— carefully measure the following distances against those shown on the legal description of property documentation:

Lots or land in the subdivision – 1/32 mile;
Lots or land that is not part of a subdivision – 1/16 mile;
Squares, sections, etc. – 1/10 mile;
Pages in books or documents – 1/10 page in books or documents;
Feet inches, etc. – 1 foot in figures 2 inches;