Confirmatory Deed Vs Corrective Deed

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

Description recorded deed

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

Confirmatory Deed vs Corrective Deed: Understanding the Key Differences When it comes to real estate transactions, two terms that often come up are "confirmatory deed" and "corrective deed." Although they sound similar, they serve different purposes and have distinct characteristics. In this article, we will delve into the details of confirmatory deeds and corrective deeds, highlighting their differences, uses, and explaining any variations that exist. Confirmatory Deed: A confirmatory deed is a legal document that affirms and validates an existing deed. It is typically used to cure any doubts or uncertainties regarding the original deed's validity, ensuring a seamless transfer of property rights. This type of deed confirms and ratifies the previous deed, leaving no room for misunderstanding or future disputes. The main objective of a confirmatory deed is to offer additional reassurance to the parties involved in the transaction. Key Characteristics of a Confirmatory Deed: 1. Validation: A confirmatory deed validates and confirms a previous deed. 2. No Changes: It does not introduce any changes to the previous deed's content or terms; it only seeks to reinforce its validity. 3. Documentation: Like any other deed, a confirmatory deed must include essential details such as the property description, names of involved parties, and signatures of the granter(s) and grantee(s). 4. Recording: To ensure legal significance, a confirmatory deed needs to be officially recorded with the appropriate government entity responsible for property records. Corrective Deed: As the name suggests, a corrective deed is used to rectify errors or mistakes present in a previous deed. It is a means to remedy any inaccuracies or inconsistencies, providing an updated and accurate representation of the property's ownership. The purpose of a corrective deed is to clarify and correct any flaws that might negatively impact future property rights. Types of Corrective Deeds: 1. Scrivener's Error Affidavit: This corrective deed type is specifically used to rectify minor clerical, typographical, or scrivener's mistakes found in the original deed. 2. Deed of Correction: This corrective deed is employed for more substantial fixes, such as rectifying incorrect property descriptions, misspelled names, or errors in the legal description of the property. Key Characteristics of a Corrective Deed: 1. Corrections: A corrective deed includes specific corrections or amendments, addressing the errors present in the previous deed. 2. Supplementary Information: It may contain additional information that was missing in the original deed, if any. 3. Legal Formalities: Just like other deeds, a corrective deed must follow local laws and regulations pertaining to its format and execution. 4. Decoration: To ensure legal enforceability and to provide notice to third parties, a corrective deed should be officially recorded with the relevant authorities. In summary, while a confirmatory deed is used to affirm and validate an existing deed without making any changes, a corrective deed is employed to rectify errors or omissions present in a previous deed. Types of corrective deeds can include the Scrivener's Error Affidavit for minor corrections and the Deed of Correction for more substantial fixes. Understanding the differences between these two types of deeds is essential for ensuring the accuracy and legality of property transactions.