It is human nature. Typographical mistakes occur. What happens when these errors occur in serious legal documents like a deed?
Florida Statute § 689.041 establishes a procedure for mere typographical or inadvertent mistakes (also known as “scrivener’s error”) in the description or identification of real property in deeds.
The statute contemplates three types of scrivener’s errors:
(1) An error or omission in no more than one of the lot or block identifications of a recorded platted lot;
(2) An error or omission in no more than one of the unit, building, or phase identifications of a condominium or cooperative unit; or
(3) An error or omission in no more than one directional designation or numerical fraction of a tract of land that is described as a fractional portion of a section, township, or range; however, an error or omission in the directional description and numerical fraction of the same call is considered one error for the purposes of this subparagraph.
Importantly, this “scrivener’s error” statute only applies to deeds that contain only one error. Deeds with multiple errors are not subject to this curative procedure.
A deed with a scrivener’s error—states the statute—conveys title to the intended real property as if there had been no error provided that the following apply:
(1) Record title to the intended real property was held by the grantor of the first erroneous deed at the time the first erroneous deed was executed.
(2) Within the 5 years before the record date of the erroneous deed, the grantor of any erroneous deed did not hold title to any other real property in the same subdivision.
(3) The intended real property is not described exclusively by a metes and bounds legal description.
(4) a curative notice is recorded in the official records of the county in which the intended real property is located which evidences the intended real property to be conveyed by the grantor.
In short, if the original owner had good title, did not own property in the same building or condominium within 5-years, the legal description is not a “metes and bounds” type, and a notice is recorded, the statute can be used to correct a single error in a deed.
The statute even provides format of the type of notice that must be recorded.
For more information about, real estate transactions or real estate litigation, contact an experienced real estate attorney at Ayala or email attorney Eduardo A. Maura at firstname.lastname@example.org or call 305-570-2208.
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