When’s it OK to Re-record a Deed?


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.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bean, Kinney & Korman, PC | Attorney Advertising

Written by:


Bean, Kinney & Korman, PC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.