Illinois Scrivener's Error in Deed refers to a legal concept used to rectify mistakes or errors made in the drafting or recording of a real estate deed in the state of Illinois. Scrivener's errors are unintentional errors or omissions typically resulting from typographical mistakes, incorrect legal descriptions, misspelled names, or improper property identification within the deed. Scrivener's errors can potentially cause disputes, confusion, or title issues, affecting the ownership or transfer of real property. Recognizing the importance of correcting such errors, Illinois law provides remedies to rectify these mistakes. Several types of Scrivener's errors in deed that may occur in Illinois include: 1. Incorrect Legal Description: This error may consist of inaccurately identifying the boundaries, dimensions, or location of the property or failing to identify any specific easements or restrictions within the deed. 2. Misspelled Names: These errors occur when the names of the granter or grantee are misspelled or incorrectly written within the deed, potentially leading to questions about the parties involved in the transaction. 3. Incorrect Property Identifiers: Sometimes, a deed may misidentify the property by using incorrect parcel numbers, lot numbers, addresses, or other identifying details, which may impede the transfer of ownership or cause confusion about the intended property. 4. Typographical Errors: This category includes mistakes resulting from typographical errors, such as erroneous numbers, transposed letters or digits, or other clerical errors that may impact the accuracy of the deed. To address these errors, Illinois allows for legal remedies, such as filing a petition for a judicial declaration of Scrivener's error or pursuing an action for reformation of the deed. These legal processes aim to correct the mistake and ensure the deed accurately reflects the original intent of the parties involved. In summary, Illinois Scrivener's Error in Deed refers to mistakes or omissions made in the drafting or recording of a real estate deed. These errors can be rectified through legal processes, ensuring the property ownership and transfer are accurately reflected in the deed and minimizing any potential disputes or title issues. It is crucial for property owners, buyers, and sellers to address Scrivener's errors promptly to maintain the integrity of the real estate transaction.
Illinois Scrivener's Error in Deed
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FAQ
Scrivener's Affidavits are sworn statements by the person who drafted a deed.
A scrivener's error constitutes a mistake in the reduction of an agreement to writing? (Rosalie Estates, Inc., v. Colonia Insurance Co., 227 AD2d 335, 337, 643 N.Y.S.
The California Civil code states that a contract may be rescinded if it ?was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party.? (Civ.
Scrivener's Affidavits These types of errors can usually be corrected rather easily by having the drafter complete an Affidavit of Scrivener's Error, which are sworn statements by the person who drafted the deed, attesting to and clarifying a mistake.
A correction deed, also known as a confirmatory or corrective deed, is a legal document used to fix errors on a property title that is recorded. Property owners can use this special type of deed to amend common errors such as misspellings, incomplete names, and other missing information.
When correcting a minor error and re-recording the prior deed, use the original deed only, strike through the wrong information, and write the correction down close to it and by hand. Usually, a cover page must be added, stating the important identifiers, as well as the reason for re-recording.
Scrivener's Affidavits These types of errors can usually be corrected rather easily by having the drafter complete an Affidavit of Scrivener's Error, which are sworn statements by the person who drafted the deed, attesting to and clarifying a mistake.