Unplatt refers to all other batches for which no trusted platform is registered. (It`s never a perfect world, so there may be some exceptions to this rule.) These legal descriptions relate to location and dimensions. So how should an agreement, lease, deed or mortgage describe a condominium? Click on one of the links below to see examples of different types of legal descriptions and their maps. For projects that have a division plan component, there is often a misconception that the legal boundaries of an “entity” created under the PUCA are identical to the subdivision lines that define a particular parcel of land or land. One unit and many are two different concepts. In some condominiums, the legal boundaries of a unit are identical to the subdivision boundaries of a property (unit = parcel). However, loose lines do not need to match unit dividing lines, which is usually not the case. As explained above, it is the statement that delineates the legal boundaries of each entity, and PUCA gives developers the flexibility to be creative when setting unit limits. PUCA helps us do that. Section 3204 of the PUCA provides that “after the declaration record, a description of an entity containing the name of the condominium, the file data for the declaration, the county(s) in which the condominium is located, and the unit identification number shall provide a sufficient legal description of that entity and its interest in the common elements, even if the common element interest is not described or mentioned. Therefore, in transaction documents, it is preferable to describe the unit by the unit number and other information required under section 3204, rather than by a traditional legal description of limits and limitations. The PUCA defines “part” as “[a] part of the condominium for separate ownership, the boundaries of which are described in accordance with subsection 3205(4) (with respect to the content of the declaration; all condominiums). Subsection 3205(4) of the PUCA provides that the declaration of a condominium must include “a description or delineation of the boundaries of each unit, including its identification number.” Subsection 3205(4) expressly provides flexibility in setting the legal boundaries for each unit of a condominium, which is often not so obvious. It is necessary to consult the explanation to understand exactly what the limits are and what each discrete entity implies.

If you have any questions about a legal description of your purchase agreement, our real estate information specialists will be happy to assist you. When buying, selling or developing commercial condominiums, it is fundamental for investors and developers to understand exactly what constitutes the “unit”. It is equally important that documents associated with the purchase or sale of an entity (e.g., letter of intent, contract of sale, ownership obligation, deed, etc.) accurately describe and identify the entity. Given the flexibility provided by PUCA in defining unit boundaries, it is not appropriate to use a standard legal description in transaction documents involving an entity. Although the declaration must include a description or delineation of the boundaries of each entity, the use of a traditional description of the boundaries in transaction documents can result in serious consequences if that description does not correspond to the “entity” described in the report. There are a variety of reasons why unit boundaries may not match lot limits. For example, depending on how a developer wants to assign maintenance tasks to particular areas or features of the condominium, it may not be appropriate for the boundaries of a unit to match the boundaries of a property, as some infrastructure serving all units (such as a stormwater main basin or a main right-of-way) may be located on that property. In some cases, multiple units may be located within the boundaries of a single parcel or parcel. The boundaries of a single unit can be the interior surfaces of an apartment in an apartment building, the building itself (the boundaries correspond to the building envelope) or a building with its parking space. A legal description opens the door to errors, especially in situations where the legal boundaries of the unit (as described in the declaration) are not identical to the subdivision lines of a lot.

For example, errors in an entity`s purchase and lease agreements may occur when the parties use a description of the limits because (a) the parties erroneously rely on the size of the lot rather than the unit to calculate consideration; (b) the assets described in the agreement conflict with the entity described in the declaration; or (c) the Agreement incorrectly identifies certain rights that are in fact common in the Statement as part of the Property. In unit transactions, title companies mistakenly insured the wrong property because a description of the boundaries was used. The proponents inadvertently transferred lots before these lots were created as units under the Declaration (which gives these owners reasons to argue that their lot is not subject to the Declaration or the agreements and restrictions of the Declaration, including the obligation to pay assessments). This error could have been compensated for or the strength of the argument could have been minimized if no legal description had been used in the document. In addition, in documents related to the purchase and sale of a condominium, a standard legal description is not sufficient to accurately capture all real estate interests transferred with that entity. Platted is a general term for properties where a subdivision includes an approved survey map and plans describing each lot or unit that are registered with the county.