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Doctrine of "scrivener's error" The doctrine of a "scrivener's error" is the legal principle that a map-drafting or typographical error in a written contract may be corrected by oral evidence if the evidence is clear, convincing, and precise.
First, if the scrivener's error is apparent on the face of the policy, a court may correct that error by applying the general rules of contract interpretation. Second, if a scrivener's error is not apparent on the face of the policy, a court may reform the contract to correct the error if the error is a mutual mistake.
Can I prepare my own deed and have it recorded? North Carolina law allows you to prepare a Deed of Conveyance for any real property to which you have legal title. However, the conveyance of real property is a legal matter that should be given under and with the advise of legal counsel.
In North Carolina, property owners generally have three options for correcting errors within property deeds. These include using an affidavit of correction, also known as a scrivener's affidavit; re-recording the original deed; or using a newly-drafted correction deed.
Reformation is an equitable action that seeks to have a deed reformed to reflect the intention and agreement of the parties because the deed did not accurately reflect that intention and agreement.
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How Do I Fill Out a Scrivener's Error Affidavit? The date the clerk recorded the document. The names of all people that signed the original document. The name of the person who prepared the original document and their job title. A description of the omission or error. The corrected or added information.
Florida Statute 689.041 defines Scrivener's Errors as: A single error or omission in a lot or block (transposition counts as one error); A single error or omission in no more than one of a unit, building or phase of a condominium or cooperative unit; or.
How Do I Fill Out a Scrivener's Error Affidavit? The date the clerk recorded the document. The names of all people that signed the original document. The name of the person who prepared the original document and their job title. A description of the omission or error. The corrected or added information.
A scrivener's affidavit is an affidavit made by a scrivener or (in more modern terms) the preparer of the deed. In layman's terms, when a deed has certain technical defects or factual inaccuracies, a scrivener's affidavit is a good way to fix those defects and inaccuracies.
What Are the Steps to Transfer a Deed Yourself? Retrieve your original deed. ... Get the appropriate deed form. ... Draft the deed. ... Sign the deed before a notary. ... Record the deed with the county recorder. ... Obtain the new original deed.

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