{"id":577,"date":"2019-02-12T05:00:41","date_gmt":"2019-02-12T10:00:41","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=577"},"modified":"2024-04-25T23:21:06","modified_gmt":"2024-04-26T03:21:06","slug":"an-error-in-the-legal-description-of-the-deed-what-happens-now","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/an-error-in-the-legal-description-of-the-deed-what-happens-now\/","title":{"rendered":"An Error in the Legal Description of the Deed: What Happens Now?"},"content":{"rendered":"\n
\"An<\/figure><\/div>\n\n\n\n

What can the\nbuyer do when a real estate deed carries an incorrect legal description of the\nproperty? Perhaps it describes the wrong parcel, or fails\nto reflect all land purchased in the sale. <\/p>\n\n\n\n

An error in\na legal description of a property has consequences. It can\naffect taxes. As lenders extend loans based on a percentage of the\nproperty\u2019s appraised value, footage mistakes can sink a loan approval. If\nthe error is neglected, disputes can arise later, and they can become the\nstuff of nightmares.<\/p>\n\n\n\n

Worst-Case\nScenarios<\/h2>\n\n\n\n

Some deeds\nbear legal descriptions drafted using early survey methods, pre-dating GPS\nmeasurements. Some have errors in lot descriptions that get passed unwittingly\nfrom one owner to the next\u2014a sort of legal time bomb waiting to take someone by\nsurprise.<\/p>\n\n\n\n\n\n\n\n

In one case<\/a>, a veteran spent many years’ worth of savings to buy\u00a0a single-family home, and later decided to survey the property in order to get fence lines drawn. This unearthed a serious error in the title. The legal description in the deed\u00a0represented the wrong lot\u2014not the parcel\u00a0on which the house stood. When the vet tried to swap land with the neighbors to correct the issue, the neighbors resolved to evict the vet’s family and take the home.\u00a0<\/p>\n\n\n\n

The vet’s\ncase is severe. Yet cases like it are not unusual. Survey requirements and\nrecording laws suffered neglect the real estate bubble frenzy from 2004 to\n2006. Inaccurate deeds have wreaked havoc in county recording offices ever\nsince. <\/p>\n\n\n\n

Two\nWays to Update a Legal Description in the Deed<\/h2>\n\n\n\n

When a\nmistake in the legal description comes to light, the remedies depend on the\nnature of the error. Is it a scrivener\u2019s error? Or is it a substantive\nissue?<\/p>\n\n\n\n

Resolving\nSmall Ambiguities: The Scrivener Affidavit<\/h3>\n\n\n\n

Sometimes an\nomission attracts attention just after recording. It’s minor, and\neveryone knows what the description meant to say. A clarification would help,\nand would not materially change the deed. It would simply tighten up ambiguous\nlanguage in the legal description.<\/p>\n\n\n\n

In this\ncase, state law typically offers a straightforward and simple remedy.\nThe attorney responsible for preparing the deed signs an affidavit stating that\nthe property was intended to be described as in the affidavit. This is commonly\ncalled a Scrivener Affidavit.<\/p>\n\n\n\n

Where\npermitted by law, the already-recorded deed does not need replacement with a\nnew deed. It can instead be accompanied by a Scrivener\nAffidavit. State law lays out the specific and strictly\nlimited types of issues a Scrivener Affidavit may remedy.<\/p>\n\n\n\n

The county\nrecorder of deeds maintains the local rules outlining everything that must\nbe in place when submitting the Scrivener Affidavit. The affidavit must comply\nwith local and state standards for recorded documents.<\/p>\n\n\n\n

The state\nrequirements may include:<\/p>\n\n\n\n