Correction Deed question

[Elias French]

I am wondering about the scope of application of the correction deed. Can typos in a legal description be remedied by a correction deed? Must the correction deed be signed by the one or both parties to the most recent grant deed? What if the typo has existed through many transfers of title? Finally, can the legal description be changed substantially in a correction deed, for example changing the width of a metes and bounds lot description based on survey results, even though the record description has existed unchanged since parcel creation?

Thanks in advance for any input on this... and if there is a reference book for this type of information I would be happy to find out about it.

[E_Page]

If the error needing correction is truly a typo and can be shown as such, that's a perfect use for a correction deed. If there is a substantial change, maybe you need to define what "substantial" means specifically. If it is something that would require litigation, a LLA, or a BLA because it is substantial enough to redefine what the boundary is or how it's location is controlled, a correction deed is not the proper vehicle. If it is a matter of correcting info that can clearly be shown to be incorrect and the results of your survey reflect the clearly best and most reasonable interpretation, a correction deed may be the right vehicle, depending upon whether the results affect anyone other than the grantor and the grantee. If those are the only two affected parties, only the grantor needs to sign. If any other properties are affected, then you need a different process.

[Anthony Maffia]

Title officers have suggested to me that changing the description may make the parcel uninsurable. Correcting a typo was okay, but changing a 10' dimension to 12' was not.

[Dave Karoly, PLS]

I had a co-worker come to me with his Deed, he couldn't plot it. I looked at it and it appeared to be missing a couple of courses. So I told him how to follow the chain of title back at the Recorder's office. He found the complete description back a couple of Deeds in the chain. He took that to the Title Company (he has a Title Policy) and they fixed it somehow, I'm not sure exactly how though. It was obvious what he owned, the Assessor showed the correct parcel so he paid the taxes, just a typo that got missed for a couple of Deed conveyances. I give him credit for recognizing the problem and knowing enough to ask me about it.

[dedkad]

We recently saw a deed where the owner deeded off property using the original legal description instead of the more recent lot line adjustment legals. The title company somehow resolved the issue and changed the deed to reflect the correct lot line adjustment language. Not sure how they did it.