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Once a deed has been recorded, it is part of the public record and cannot be changed. It is possible, however, to amend that record by adding a newly executed deed, usually called correction or corrective deed, deed of correction or, in some states, deed of confirmation.
Determine if the error is harmless or fatal to the transfer of title. Decide what instrument is best suited to the error. Draft a corrective deed, affidavit, or new deed. Original Granter(s) signature(s) obtained. Deed is re-executed. Re-acknowledgment before a notary.
Change 1: Add Corrective to the Title. The first step is to change the title of the deed. Change 2: Make the Correction. The next step is to correct the error in the prior deed. Change 3: Add an Explanation. The final step is to add an explanation for the correction.
These errors can be rectified by the execution of a supplementary document called correction deed or rectification deed. The parties need to get the corrections into a duly executed document. Further, they need to pay the requisite stamp duty in order to get it registered with the specified authority.
Draw line through entry (thin pen line). Make sure that the inaccurate information is still legible. Initial and date the entry. State the reason for the error (i.e. in the margin or above the note if room). Document the correct information.
A correction deed is somewhat self-explanatory: it is a deed that serves to correct and negate a mistake made between parties that have contracted an original deed agreement. The mistake can encompass minor terms of the agreement such as the misspelling of a name, or major terms such as the price of the land.
However, a deed can be amended by a simple agreement so long as there is consideration for the amendment and the deed itself does not require the amendment to be made by deed. However, a contract made by deed is enforceable even if there is no consideration, which is often why people choose to use deeds.
2. “Oh no, someone has added manuscript amendments” If manuscript amendments are made to a document and the parties intend to be legally bound by them, then all parties (or their lawyers) should initial the amendments as evidence of that intention.
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