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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.
Since this is an official written statement under oath, a scrivener's affidavit should be signed in front of a notary public and recorded at the courthouse with the real property records.
What is a Scrivener's Affidavit? Scrivener's Affidavits are sworn statements by the person who drafted a deed. Unlike a Corrective Deed, a Scrivener's Affidavit doesn't correct anything. Instead, it simply adds information to the property records to help clarify something about the prior deed.
Scrivener's Affidavits are sworn statements by the person who drafted a deed.
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.