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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.
Generally speaking, a scrivener's error is an unintentional mistake in the drafting of a contract. 1 Examples include typing an incorrect word, number, or letter, or omitting a word or words or even an entire provision of the contract.
The Doctrine of Scrivener's Error is a rule that allows a mistake in a written document to be corrected if there is clear and convincing evidence of a typographical error. This means that if there is a mistake in a document that was not intended, it can be fixed as long as there is proof that it was a mistake.
Scrivener's Affidavits are sworn statements by the person who drafted a deed.
When a scrivener's error is the basis for reformation, the party demanding reformation must prove ?a prior agreement between [the] parties, which when subsequently reduced to writing fails to accurately reflect the prior agreement.?13 In Ralph Lauren, the oral agreement between the parties reflected the actual ...