What is a Legal Description?

There is a section of every Agreement of Purchase and Sale (aka the offer form) that is almost always ignored, probably because it seems like it’s written in a foreign language.

Have you ever seen something like this:

PCL 12-3, SEC 65T2961 ; PT BLK 21, PL 65T2961 , PART 2 & 3 , 65R35107 ,
S/T PT 8, 65R18107 IN FAVOUR OF PT BLK 11, PL 65M2961, PTS 4, 5 & 6,
65R35107 AS IN LT1077992 ; T/W PT BLK 21, PL 65T2961, PT 9, 65R35107
AS IN LT1077982 ; S/T LT1081795 ; Hamilton

[Full disclosure : This is a made-up description patterned after a real one – no property with this actual description really exists]

If you look quickly, you would guess that this alpha-numeric toss salad was typed in by a chimpanzee who was set loose on a keyboard for the first time.  However, this string of letters and numbers is actually very important:  It legally and indisputably identifies the property you want to buy, not just on your offer, but also on the deed, parcel register (a document found in the Land Registration Information System), survey plans, and property tax assessments that are attached to that property.

The legal description is not a street address, nor is it GPS coordinates.  It is the legal way to describe the boundaries and some of the important encumbrances that affect the owner’s use of the property.

How Do I Read the Legal Description?

Land in Ontario has been divided into townships, concessions and lots, parcels within sections, and lots and blocks within plans of subdivision.  Depending on the age of your home, and the way the builder has registered, you may see references to more than one of these types of divisions.

Here are some of the common abbreviations in legal descriptions:

BLK                 Block

CON              Concession

LT                   Lot

PCL                Parcel

PL                  Plan

PT(s)             Part(s)

ROW           Right of Way

SEC             Section

S/T             Subject to

T/W           Together with

TWP           Township

This is Boring – Why Should You Care about a Legal Description?

Most of the information in the legal description is of use mainly to the builders, lawyers, and tax people.  They use it to make sure they build on the right land, transfer title to the right property, and tax the right amount to the right owners.

Some of what’s buried in this legalese, though, can really affect the way you use and enjoy your home and land, and even how you share it with neighbours.

For example, if you see the “S/T” or “T/W” in your legal description, take note.

A “Subject-To” instrument that is registered on title means that someone else has rights over your land.  Most of the time, there’s no need to panic – you likely won’t have anyone with hunting or fishing rights coming into your backyard.  However, you may have a mutual drive. that gives your neighbours the right to drive on what you consider your side of the driveway.  We have seen cases (usually in older parts of the city) where almost the entire driveway is a mutual, or shared path; but there are also cases where there is a narrow strip of just a few feet that is subject to use by an adjacent property owner.   It is important to know what rights you and others have in order to understand where you can park, and what paths need to be kept clear for use by others.

Depending on your intended use of the home, this could cause other problems.  For instance, if you intend to apply for legal duplex status, the parking situation could be the deal-breaker with the by-law office.

Utility easements are also fairly common, and they occasionally prevent property owners from building additions, sheds, elaborate gazebos and other structures, or in ground pools.  Storm sewers, buried cables, etc. might be in the path of your planned improvements.  If you have plans to do any of these things, have your lawyer verify the legal description before removing conditions from your offer.

This abbreviation will also appear when dealing with semi-detached or row houses to describe shared/connecting walls.

You’ll often find a “Together-With,” or “T/W” instrument with the “S/T.”  It is the flip side to the easement coin – to describe the rights that others have over the land.  In places where houses are close together, there may even be a “T/W” to allow an owner to do maintenance, such as window washing, by entering and standing on the land next door.

A right-of-way (ROW) should also be investigated so that you understand it.  These will often be described with “S/T” or “T/W,” but you may see a ROW to describe a laneway to allow vehicle or pedestrian traffic to flow.

If You Want to Be 100% Sure…Get a Survey!

A survey is a detailed property drawing. It will give you exact dimensions of the land, as well as the location of  buildings, driveways, fences, and adjacent roads. It will clearly show easements or rights-of-way for use by utility companies or others over the property.

A survey can help make sure that the size and location of the property are accurate, that the buildings do not encroach onto the neighbours’ property, that neighbours’ buildings do not encroach onto your property and that there are no hidden easements that would interfere with your use of your property.

The cost of a survey varies depending on the size of the property, but you can expect to pay $1500-2000 for an average Hamilton survey.

T/L; D/R

In case you have glazed over because this is such a dry subject – here is the cheat sheet for you as an eager buyer:

• Ask your Realtor to double check the legal description on your offer.
• If you see “S/T,” “T/W,” or “ROW” in the legal description, have your lawyer investigate further, especially if you have plans for a swimming pool, large shed, gazebo, or legal duplex application.
• When in doubt, consider having a new survey done.