Small errors are big deal in deed

you should go back to the attorney and have the deed corrected because there are a few things that must be accurate on a deed to avoid complications down the line, including the names of the owners, the names of the buyers, the tax parcel identification number, the address and the legal description.

Before we go into details, we do want you to make sure that the “error” you think is there is truly an error. If you have a survey of your property, the survey should have a matching legal description to the deed and your title insurance policy, if you got one when you purchased the home. If all three legal descriptions match, we would question whether you have an error in the legal description.

Assuming you’ve already done this, or somehow verified the information, we’re guessing you’ve determined that the error definitively exits.

If the survey legal description is short and rather simple, you should track it on the survey: Find the starting point for the legal description, and follow the legal description as if you were following directions. If the directions follow correctly on the survey, we’d guess you’re right and the deed is wrong.

Although the address is important, the legal description is even more important. When it comes to a single family home, many homes are located in subdivisions. When a seller conveys title to a buyer, the seller’s deed might contain a reference to, say, Lot 30 in such and such subdivision.

If the reference to the lot is wrong, the buyer would not receive title to the right property. The same is true in condo buildings, where parking is sold separately. If there is a mistake in the parking space number listed on the deed, the buyer would technically be sold the wrong parking spot.

Likewise, when a property is not subdivided, the legal description might be referred to as a metes-andbounds description. That description, if the property were a rectangular parcel, would start at a specific point, then describe the distance to the next point with certain coordinates, then again to a third point by distance and coordinates, and finally one last distance with more coordinates.

If the legal description is proper, it makes the rectangle (or whatever shape of the property), and the legal description closes properly.

That’s why you should have the issue corrected. In some instances, the correction can be made on the original recorded document and that document can be re-recorded with the correct information and an indication that the document was re-recorded to correct a scrivener’s error.

If you purchased the property and obtained title insurance, you might be able to go back to the title company that insured your purchase and have them or the settlement agent correct the issue.