There are three (3) ways to correct an error in a recorded document. they are:
- Recording an affidavit
- Re-recording the document
- Recording a new document
In all cases, first ask yourself, "What is the effect of the original document?" When an affidavit is recorded, ask yourself, "Does this clarify the original document?"
Affidavits can only be effective if they clarify an ambiguity created on the original document. They cannot add to or take away from the effect of the original document.
What Errors and Omissions can be corrected by an Affidavit?
An incomplete legal description.
- For typographical errors, use a Scrivener's Affidavit.
- For an error in the survey, use a Surveyor's Affidavit
Ambiguous tie legs (i.e. omissions from calls or obvious typo's) that will not allow a point of beginning to be determined
- use a Scrivener's Affidavit
(Note: if a point of beginning can be determined on the original document, whether or not it was the one intended by the executor of the document, an affidavit cannot change the point of beginning.)
An affidavit can correct courses or bearings in a description, if the description will not close without the correction.
If an original document doesn't indicate a plat (i.e. "A" or "B") of a recorded subdivision, an affidavit can be used to clarify the omission. (An affidavit cannot change the plat designation of the original document.) If the trustee(s) of a trust was left unidentified. Use an affidavit to indicate the trustee or trustees.
An affidavit of identity can be recorded by someone personally acquainted with a grantor or grantee of a previously recorded document to clarify that a person (grantor or grantee) is "also known as" (aka), or was "formerly known as" (fka), or "sometimes known as" by another name which also refers to the same person.
If the Section, Township or Range was missing from the description.
- An affidavit cannot be used to change the section, township or range that was erroneous on the original document.
An error or omission in the acknowledgment.
- A Scrivener's affidavit, preferably from the notary.
What Errors and Omissions can be corrected by Re-Recording the Original Document?
All the errors or omissions described for affidavits above.
If there was no description included on the original document, the description can be included on a re-recording of the document, adding a rider that it was not included by mistake.
All re-recorded documents must include a statement of why the document is being re-recorded.
All re-recorded documents must include new signatures and a new notary acknowledgment to be re-recorded.
The following discrepancies must be corrected by recording an additional, appropriate deed(s) or other document(s)
- Changing the commencing point
- Changing the tie legs to arrive at a different point of beginning than that given on the original document
- Changing or adding the names of grantors
- Changing or adding the names of grantees
- Changing or adding tenancy
- Adding names of additional persons to consent to a previously recorded Boundary Line Agreement