Confirmatory Deed Maryland With Example

• Category: Court Samples - Real Estate - Easements and Rights of Way - Sample Case 2
• State: Maryland
• Control #: MD-JB-046-08
• Format: PDF

Description

A09 Exhibit E Corrective and Confirmatory Deed - Husband and Wife to Married Couple

A confirmatory deed in Maryland is a legal document used to clear up any uncertainties or defects in a previously recorded deed. It is typically employed when there is a mistake, error, or omission in the original deed that needs to be corrected or clarified. The confirmatory deed essentially reaffirms the intentions of the parties involved and ensures that the property ownership is accurately reflected. Here are two different types of confirmatory deeds commonly used in Maryland: 1. Corrective Confirmatory Deed: This type of confirmatory deed is used when there is an error or mistake in the original deed, such as a misspelled name or incorrect property description. For example, if the original deed misspelled the purchaser's last name as "Smith" instead of "Smith," a corrective confirmatory deed would be drafted and recorded to rectify the mistake and properly reflect the intended owner. 2. Amending Confirmatory Deed: This type of confirmatory deed is utilized when there is a need to amend or modify specific terms or provisions in the original deed. For instance, if the original deed mistakenly omitted certain easement rights or failed to include a restrictive covenant, an amending confirmatory deed would be executed to add or revise those provisions accordingly. In both cases, the confirmatory deed should include certain essential elements to make it valid and enforceable. These elements typically include: 1. Correct identification of the parties: The confirmatory deed must clearly identify the granter (original party conveying the property) and the grantee (new party receiving the property). 2. Property description: The confirmatory deed should include an accurate and detailed description of the property being conveyed. This description should be consistent with the original deed and any necessary modifications. 3. Reference to the original deed: It is crucial to reference the original deed being confirmed, including the recording information (book and page number) of the previous deed in the land records. 4. Corrective or amending language: The confirmatory deed should explicitly state the purpose and nature of the correction or amendment being made to the original deed. It must clearly indicate what specific error or omission is being rectified. 5. Notarization and signatures: The confirmatory deed must be notarized to ensure its authenticity and should be signed by the granter(s) in the presence of a notary public. Example: CORRECTIVE CONFIRMATORY DEED THIS CORRECTIVE CONFIRMATORY DEED (the "Deed") is made and entered into this ___ day of _________, 20___, by and between [Granter's Name], hereinafter referred to as the "Granter," and [Grantee's Name], hereinafter referred to as the "Grantee." RECITALS: WHEREAS, on [Date], a certain deed (the "Original Deed") was executed and recorded in the Land Records of [County], Maryland, in Fiber [Fiber Number], at Page [Page Number], which conveyed certain property to the Granter; WHEREAS, the Original Deed inadvertently misspelled the Grantee's name as "Smith" instead of "Smith"; WHEREAS, the parties desire to rectify the error and properly reflect the intended owner; NOW, THEREFORE, for and in consideration of the premises and other valuable considerations, the sufficiency and receipt of which are hereby acknowledged, the Granter does hereby grant, bargain, sell, confirm, and convey unto the Grantee, their heirs and assigns, forever, all that certain property situated in [County], Maryland, and more particularly described as follows: [Property Description] TO HAVE AND TO HOLD the said property, with all of its appurtenances, unto the Grantee and their heirs and assigns, forever. IN WITNESS WHEREOF, the Granter has executed this Corrective Confirmatory Deed as of the day and year first above written. [Granter's Name] Granter's Signature STATE OF MARYLAND COUNTY OF [County] On this ___ day of _________, 20___, before me, a Notary Public in and for said County and State, personally appeared [Granter's Name], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained. [Notary Public Name] Notary Public My Commission Expires: [Notary's Commission Expiration Date] (Note: This example provides a basic template and should be customized as per individual requirements and legal advice.) In summary, a confirmatory deed in Maryland is a valuable tool for correcting errors or omissions in an original deed, ensuring accurate property ownership, and providing clarity to all parties involved. Consulting with a licensed attorney or a qualified professional is highly recommended during the preparation and execution of a confirmatory deed, as legal requirements may vary based on specific circumstances and local jurisdiction.