This form is used to when it has been discovered that through a drafting error the (Fraction or Percentage ) interest in the mineral estate conveyed in a Deed was stated incorrectly. It is the purpose of this instrument and the intention of Grantor and Grantee to correct this error, and to accurately state the actual mineral interest intended to be conveyed by the Deed.
North Carolina Correction to Mineral Deed As to Interest Conveyed
Category:
State:
Multi-State
Control #:
US-OG-314
Format:
Word;
Rich Text
Instant download
Description
How to fill out Correction To Mineral Deed As To Interest Conveyed?
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FAQ
Steps to fixing an incorrect deed Determine if the error is harmless or fatal to the transfer of title. Decide what instrument is best suited to the error. Draft a corrective deed, affidavit, or new deed. Obtain the original signature(s) of the Grantor(s). Re-execute the deed with proper notarization and witnessing.
These words of conveyance, also termed words of grant or operative words, constitute the granting clause of the deed. Depending on the jurisdiction, the interest being conveyed and the warranties given by the grantor, these words are: "grant and convey" "grant, bargain, and sell"
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.
So when two parties engage in the sale of a piece of property, they transfer ownership through a conveyance. For instance, when a car owner legally signs the title over to a buyer, they are engaged in a conveyance. The term conveyance is commonly associated with real estate transactions.
Proper wording would be something like, ?I the seller, hereby convey and warrant this property to the buyer.? That would be sufficient words of conveyance. Another item needed would be a property description. Typically, a legal description is used. Also, the grantor must sign the deed.
There must be a granting clause, operative words of conveyance (e.g., "I hereby grant"); 6. The deed must be signed by the party or parties making the conveyance or grant; and 7. It must be delivered and accepted.
Words of conveyance Commonly referred to as the ?Granting Clause?, it identifies the grantor and grantee, and states that the property is being transferred between the two parties.
If the trial court finds the grantor intended the deed to take effect at some point in the future, or if the trial court finds the grantor thought the deed would not be effective until some subsequent act was performed, then there was no delivery and the deed is void and ineffective.
