Curing/Correcting Minor Errors In Deeds
Effective July 1, 2020 deeds containing scrivener’s errors that convey title to the intended property as if there had been no error if:
– the grantor held record title to the intended property at the time the deed containing the scrivener’s error was executed,
– the grantor or the erroneous deed did not hold title to any other real property in the same subdivision, condominium, or cooperative development or in the same section, township, or range described in the deed containing the scrivener’s error within 5 years before the record date of that deed,
– the record property is not described exclusively as a metes and bounds legal description, and
– a curative notice evidencing the intended real property to be conveyed by the grantor is recorded in the official records of the county where the intended real property is located.
A “scrivener’s error” as a single error or omission in the legal description of the “intended real property,” i.e. the property which the grantor intended to be conveyed by the deed, that is one of the following:
– an error or omission of one lot or block identification of a recorded platted lot,
– an error or omission of one unit, building, or phase identifications of a condominium or cooperative unit, or
– an error or omission in one directional designation or numerical fraction of a tract of land that is described as a fractional portion of a section, township, or range.
The new law provides the form for a curative notice, which requires a description of the original erroneous deed and any subsequent deeds containing the same error, a statement that the person filing the notice has confirmed, through an examination of the official county records, that the requirements for conveyance of title were met, and a statement that the real property described in the notice was the property intended to be conveyed by the erroneous deeds.
The circuit court clerk may accept a curative notice as evidence of a grantor’s intent to convey the intended property, and states that the corrections made by the curative notice relate back to the record date of the original erroneous deed and release any clouds or encumbrances created by the erroneous deeds as to any property other than the intended real property. The law does not limit this as the exclusive remedy and it does not abrogate any other remedy under Florida law.
Barry Miller Law is familiar with all aspects of real property law. If you, or someone you know, has legal questions concerning real estate, business or probate law, contact Barry Miller Law for assistance at 407-423-1700 or email us at [email protected] for a consultation.