South Dakota Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees

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Multi-State
Control #:
US-02539BG
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Word; 
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Description

A quiet title action is filed by a person or entity claiming title to all or a portion of a specific parcel of property and asks for a ruling that plaintiff's title is superior to any interest held or claimed by any of the named defendants. It is a mechanism to cure defects in the title to property, thereby providing assurance to the owner who brings the action, as well as subsequent purchasers, of the status of title and accuracy of the real property records.


Although a deed expresses the intention of the parties, if there is a material mistake, a court of equity may grant appropriate relief. A court of equity will order the cancellation or reformation of a deed where it appears that a material mistake has been made.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A Corrective Deed is used to fix/correct an error on a California deed which has already been recorded. This type of deed does not create a new interest. The Corrective Deed will correct the deed document on the earlier transfer of interest.

This is a post-closing problem and the issue creates a defective deed which will negatively impact the chain of title. For example, there might be a wrong notation of the metes and bounds or a mistake of a property's lot number. If left unchecked, this creates a serious issue. However, there are ways to correct it.

A Corrective Deed is a special type of deed used to fix problems in deeds that have already been recorded. Unlike other types of deeds that transfer interests in real estate, a Corrective Deed does not create a new interest. Instead, the Corrective Deed corrects the documents relating to the prior transfer of interest.

What is a corrective deed? A corrective deed is an instrument filed in the public record in addition to the incorrect deed. It's known as a confirmatory instrument since it perfects an existing title by removing any defects, but it doesn't pass title on its own.

One of the essential elements of a grant deed is the legal competence of the grantor. Lack of competence on the part of the grantor makes the deed invalid, but such incompetency can only be determined by a court.

You can use this special type of deed to make amendments to common, minimal errors such as misspellings, typos, missing information, and incomplete names. If your deed has a defect in the way it was executed or acknowledged, you may also use a correction deed to amend it.

A deed reformation asks the court to ?fix? the deed but issuing a court order declaring what the change to the deed should be. Grounds for a deed reformation generally require proof of a mutual mistake (where both parties erred in the drafting of the deed), fraud, accident, illegality, or unjust enrichment.

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South Dakota Complaint to Reform Deed - Mistake in Erroneous Names of Two Grantees