To err is human. Even careful people sometimes make mistakes. When deeds contain errors, correction and re-recordation may be an acceptable remedy. But what kinds of corrections are acceptable? Who may make the corrections? And, how should the corrections be made? This article answers these questions.
What kinds of errors may be corrected?
When dealing with an erroneous deed, the first question to ask is whether the deed effectively transferred title of the intended property to the intended grantee. If the deed transferred the right property to the right grantee (and, in the case of co-owners, stated the right tenancy), the deed may be rerecorded to correct an obvious typographical error or other minor mistake.In other situations, a new deed may be required. The different treatment of minor mistakes and material errors flows from the very nature of a deed.
Originally published in the VLTA Examiner, Volume 20.1, Spring 2014.
Please see full article below for more information.
Firefox recommends the PDF Plugin for Mac OS X for viewing PDF documents in your browser.
We can also show you Legal Updates using the Google Viewer; however, you will need to be logged into Google Docs to view them.
Please choose one of the above to proceed!
LOADING PDF: If there are any problems, click here to download the file.