California Surveyors Forums

Greetings:

I have run across a deed which was recorded in 2006 that has a heading "All that certain real property in the city of (XXX) county of (yyy) etc.
Then in the body, it reads Lot 3 of blankety blank subdivision in the city of (ZZZZ) county of (yyy)

In other words, the heading has stated the wrong city.

Should I insist the deed be re-recorded as a correction deed ? or leave it ?
Will/ could this be a problem in the future when the current owner wishes to sell.
I recommended filing a correction deed but am getting flack from the family.

Any opinions ?

Thank you ahead of time

Would there be any doubt at all what property was intended to be conveyed if it should be litigated?

Is there a Blankety Blank Subdivision with the exact same book and page in XXX City?

They got the County right.

I think an obviously minor typo, easily cleared up without reference outside the Deed isn't a problem.

We see a lot of deeds for property in the unincorporated territory of the County which refer to a nearby City. Not an issue, provided that the body of the description is valid.

Not a problem until it is. As the surveyor and if obvious as a scrivener's error, no big deal. Do your part and move on. However, I've seen these scrivener's errors stop closings, loans, etc in their tracks until resolved. Usually at the 11th and a half hour when someone in the title review catches the mistake. Nobody wants to stop the bus at the 11th and a half hour to wait for a simple correction deed to be processed. As such, that would be how I would suggest advising your client. Tell them not a big deal as far as the survey work, but also not a big deal and totally for their benefit to do a correction deed, it would be for their own good when they try to sell or develop to avoid an 11th and a half hour excitement.

I would send it to the title company, They're exposed

Thank you thank you
I will pass the consideration on to the Owners. It turns out it was a deed of re-conveyance for a trust (prepared by Lawyer)
I will red line it send it to the Lawyer and see if they wish to support their error or correct it ?

Getting crusty in my old age. We as surveyors seem to get blamed or mistrusted for just about everything yet are supposed to "fix" everything in the process. If I bring it to the Source, on behalf of my owner/client, then at least the source has been put on notice.


LOLOLOL I suppose its also a good thing we have "blah blah" insurance (for a dollar)

wingding wrote:I would send it to the title company, They're exposed

I agree.