When’s it OK to Re-record a Deed?

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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.

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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.

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