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Recorder's Guide for Dealing with Re-recorded Documents

 

There are three (3) ways to correct an error in a recorded document. they are:

  1. Recording an affidavit
  2. Re-recording the document
  3. 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 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