Pennsylvania Scrivener's Error in Deed refers to a common mistake made during the preparation or execution of a written document such as a real estate deed. This error, also known as a Scrivener's Error or Clerical Error, occurs when there is an unintentional mistake or discrepancy in the wording, spelling, or legal description of a property within the deed. A Scrivener's Error in a Pennsylvania deed can have significant consequences as it might lead to confusion, disputes, or even render the deed invalid. Therefore, it is crucial to identify and rectify such errors in a timely manner to ensure the smooth transfer or ownership of property. Some types of Pennsylvania Scrivener's Error in Deed include: 1. Misspellings or typos: This usually refers to errors in the names or addresses of the involved parties, including buyers, sellers, or other individuals mentioned within the deed. Misspelled names or incorrect addresses may cause difficulty in identifying the correct parties involved or disrupt the chain of title. 2. Incorrect legal descriptions: Deeds typically contain a legal description of the property being transferred, which identifies its boundaries and distinguishing features. A Scrivener's Error may occur when there is a mistake in describing the property's dimensions, boundaries, or landmarks. Such errors can result in confusion, disputes over property lines, or potential legal complications during the sale or transfer of ownership. 3. Omissions or additions: A Scrivener's Error can also occur when crucial information is omitted or added incorrectly within the deed. This may include the exclusion of necessary terms, conditions, or covenants, leading to misunderstandings or disputes between parties involved. 4. Incorrect date or execution: Errors related to the date or execution of the deed can also be classified as Scrivener's Errors. For instance, if the date of the deed is incorrect or the document is not signed and witnessed properly as required by Pennsylvania law, it can affect the validity of the deed. 5. Internal inconsistencies: Sometimes, Scrivener's Errors may involve inconsistencies within the deed itself. This could be contradictory terms or clauses that create ambiguity or confusion regarding the intentions of the parties involved. To rectify a Pennsylvania Scrivener's Error in a deed, it is essential to consult with an experienced real estate attorney who can guide and assist in correcting the mistake through legal channels. This may involve filing a corrective deed, obtaining a court order, or pursuing other legal remedies to ensure the accuracy and validity of the document.
Pennsylvania Scrivener's Error in Deed
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As a matter of contract law, a deed must have consideration to be valid. Consideration is defined as something of value given for the deed. Usually the consideration is money, but it could be for services or anything of value. The amount of consideration does not matter.
Consideration. A deed's consideration is the value the new owner provides in exchange for the real estate transfer. Pennsylvania deeds must list the actual consideration either on the face of the deed or within a statement of value (a form described below) submitted with the deed.
There are several different essentials to a valid deed: 1. It must be in writing; 2. The parties must be properly described; 3. The parties must be competent to convey and capable of receiving the grant of the property; 4.
Although a deed does not have to be recorded to be valid, it must be recorded for the following reasons: Provide Constructive Notice: Constructive notice is a public declaration of who the legal owner of a property is. Priority of Recording: Pennsylvania is a race notice state.
Deeds and mortgages and assignments must have certified grantee / mortgagee address; certifications should be signed. All checks must include the account holder's address. The recording and tax checks must be two separate checks, each payable to the "Recorder of Deeds."
Consideration. The buyer's consideration is the cost of the assets acquired. The seller's consideration is the amount realized (money plus the fair market value of property received) from the sale of assets.
This can only be done by recording a new deed showing the change. Many people think they can come to our office and change the present deed on record. However, once a document or deed is recorded, it cannot be altered or changed in any way. A new deed is needed and can be prepared for you by your attorney.