A corrective deed, also known as a confirmatory or correction deed, is a type of legal document used to amend errors in an existing property title. It is most commonly used for minor mistakes, such as misspelled or incomplete names, omissions of marital status, and missing information. In some cases, a correction deed can also be used to amend defects in the execution or acknowledgment of a property deed.
Need help correcting a mistake on your deed? Contact a real estate attorney with Goosmann Rose Colvard & Cramer, P.A. to determine the best course of action for your case. We’ll make sure your real estate paperwork is accurate and up-to-date with the latest regulations.
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In North Carolina, property owners generally have three options for correcting errors within property deeds. These include using an affidavit of correction, also known as a scrivener’s affidavit; re-recording the original deed; or using a newly-drafted correction deed. The right choice between these options will largely depend on the severity of the error.
Contrary to the other two options, an affidavit of correction does not constitute an actual change to the original property deed. Instead, the affidavit serves as a public notification of an error with the referenced deed. This option is best for minor typographical errors.
Re-recording the original deed entails making corrections directly on the original document or a certified copy. For these changes to take effect, the corrected document must fulfill all local requirements, and be signed by the original parties and reacknowledged.
Using a correction deed is perhaps the easiest and safest option for amending deed errors. Unlike what happens when re-recording an existing deed, a correction deed is essentially a new document that duplicates the original deed except for the now-corrected information.
Remediating property deed issues — even minor ones — is no easy matter. Once a deed has been recorded, it becomes part of the public record and can not be changed. Fortunately for property owners, it is possible to amend a property’s record by adding a newly-executed deed. However, doing so is not always the best solution. In some cases, using an affidavit can help resolve the issue faster and more affordably. In addition, re-recording a deed or drafting a correction deed without legal counsel is likely to result in more errors down the road.
A real estate lawyer with experience in title deed transfers can help determine the best course of action for your case. We can draft a reliable deed-amendment document that abides by your property’s jurisdictional regulations and addresses the original deed’s errors.
Any changes to the legal description of a property can have significant repercussions for the owner — both positive and negative. While corrective deeds provide real estate owners with a relatively safe way to correct minor mistakes in their property deeds, these documents should nonetheless be handled by an experienced attorney to avoid any future complications. Following a thorough examination of your case, we will determine the best correction method for you and your property, so you can rest easy, and save time and money.
