All real estate lien documents and documents affecting real estate must contain a legally sufficient description of real property.
When dealing with liens on real property, an accurate and complete legal description of the real estate is essential.
Since a lien on real estate attaches to the property described in the deed of trust or other lien document, if the Bank’s description is inaccurate it will (i) not have a perfected lien on the correct property and (ii) it will have “clouded” the title of someone else’s property (i.e., the person whose property actually was described).
The description of the real property must be of such certainty and accuracy as to allow one to go to the location of the tract and identify the particular land. If described by metes and bounds, an identifiable beginning point is a must, with strict attention to calls, distances and closure. Is the amount of offered acreage that which the borrower purports to offer? Is the offered acreage platted? Has it been assigned an abstract number? A survey number? A description of the street address of real property is not a sufficient description of real property.
There are two sufficient types of real property legal descriptions: (i) metes and bounds and (ii) map or plat.