What is “Technical Description” ?
A legal description (also referred to as land description, property description, or land boundary description) is “a written statement recognized by law as to the definite location of a tract of land by reference to a survey, recorded map or adjoining property.” (from: Glossaries of BLM Surveying And Mapping Terms, Second Edition, 1980.) Legal descriptions also can include background information and statement of purpose, detailed recital of the property description, and the qualifying clauses such as exclusions or inclusions of certain rights or areas. A valid land description unambiguously identifies only one location on the ground, and describes boundaries accurately, briefly, clearly and completely.
Recenty,I came across a transaction wherein the Buyer had to take a Bank Loan to purchase the property. So we submitted the necessary documents needed by the bank to process the loan.
Two days later, the Loan Officer called the buyer to inform him that something is wrong with the title as when they plotted the technical description of the property, the lines won’t close. I then called our geodetic engineer to do an actual survey on the property and to trace back the technical descriptions from the previous title.
The actual survey confirmed the accuracy of the location of the property but the traceback showed an erroneous typographical error from the second purchase done fifteen years ago so we had to go through a judicial process in order to correct the title. This took four months before the correct title finally came out. Fortunately, the buyer was set on the property, otherwise, it could have been a deal breaker.
As a Professional Realtor and part of a Real Estate Association, we have already submitted our position in changing the procedures of going through this tedious process which was the fault of a clerk from the Register of Deeds. This should be just an administrative task within the Register of Deeds and should be accomplished within a short span of time only ! Unfortunately, the request is still pending, oh well …
Please check the technical description on the Deed of Absolute Sale carefully to avoid any problems in the future. My office verifies the Technical Description not once but four times just to assure that we have the accurate info needed always !
To set our procedures, we now have a table survey or have the technical description plotted to confirm that the four sides to the property close or better yet, we suggest to the property owner / buyer that a geodetic survey be done on the property to authenticate the validity of the technical description on the title.
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Robert G. Sarmiento Properties
Professional Affiliation :
Philippine Association of Real Estate Boards
Member, City of Taguig Real Estate Board 2016, 2017
Real Estate Broker’s Association of the Philippines 2000-2015
President, Greenhills Chapter 2008, 2009
Philippine Association of Real Estate Brokers
San Juan Mandaluyong Chapter 1998, 1999
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