Oklahoma Scrivener's Error in Deed refers to a mistake or error made during the drafting or recording of a real estate deed in the state of Oklahoma. Scrivener's errors are unintentional errors, omissions, or inaccuracies that can occur in legal documents, including property deeds. These errors can take various forms and may include misspellings, incorrect property descriptions, erroneous names or dates, inaccurate boundary descriptions, or typographical mistakes. They are generally considered minor and unintended mistakes that do not reflect the true intention of the parties involved. There are a few types of Oklahoma Scrivener's Error in Deed worth mentioning: 1. Typographical Errors: These errors occur due to simple typographical mistakes, such as misspelled names, wrong lot numbers, incorrect address details, or misplaced commas or decimal points. These errors may seem trivial but can result in confusion or legal disputes if left uncorrected. 2. Boundary Description Errors: These errors involve inaccurately describing the boundaries of a property, such as stating incorrect measurements, missing out critical landmarks, or failing to include necessary information about easements or rights-of-way. These errors can affect property rights and potentially lead to boundary disputes. 3. Name or Party Errors: This type of error refers to inaccuracies in naming the parties involved in the deed. It may include misspelled names, incorrect identification of individuals or entities, or omitting necessary legal designations like "trustee" or "corporation." These errors can impact the validity and enforceability of the deed. 4. Date or Execution Errors: Scrivener's errors can also occur in relation to the date or execution of the deed. For instance, the wrong date may be listed on the document, or the proper execution procedures, such as notarization or witness requirements, may not be followed. To rectify these mistakes, Oklahoma provides specific legal remedies. The affected party can file a legal action seeking a "reformation" of the deed, which is a court-ordered correction of the mistake. Alternatively, if the error is discovered soon after recording, a corrective document known as a "scrivener's affidavit" can be filed to explain and correct the error. It is important to consult with a qualified attorney or title professional specializing in real estate law to navigate the process of correcting Oklahoma Scrivener's Error in Deed effectively and to ensure compliance with the state's legal requirements.
Oklahoma Scrivener's Error in Deed
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A correction deed, also known as a confirmatory or corrective deed, is a legal document used to fix errors on a property title that is recorded. Property owners can use this special type of deed to amend common errors such as misspellings, incomplete names, and other missing information.
In order to correct an error on a California deed, you will need to revise or modify the language in the deed to remove the error. If your deed has been signed and recorded, you will need to complete a Correction Deed or a Scrivener's Affidavit to correct the error.
In general, this means that if there are any mistakes in the deed (often called scrivener's errors) the seller has 5 years to correct the mistake by reforming the deed. Once the 5-year period runs, as a general rule the seller can no longer correct the mistakes in the deed.
What is a corrective deed? A corrective deed is an instrument filed in the public record in addition to the incorrect deed. It's known as a confirmatory instrument since it perfects an existing title by removing any defects, but it doesn't pass title on its own.
Deed signed by mistake (grantor did not know what was signed) Deed executed under falsified power of attorney. Deed executed under expired power of attorney (death, disability, or insanity of principal) Deed apparently valid, but actually delivered after death of grantor or grantee, or without consent of grantor.
Scrivener's Affidavits These types of errors can usually be corrected rather easily by having the drafter complete an Affidavit of Scrivener's Error, which are sworn statements by the person who drafted the deed, attesting to and clarifying a mistake.
The Bottom Line A quitclaim deed offers the least level of buyer protection and is generally used for title transfers between family members or to clear a defect on the title.
A Corrective Deed is a special type of deed used to fix problems in deeds that have already been recorded. Unlike other types of deeds that transfer interests in real estate, a Corrective Deed does not create a new interest. Instead, the Corrective Deed corrects the documents relating to the prior transfer of interest.