Wyoming Scrivener's Error in Deed refers to an error or mistake made by the person preparing a deed document in the state of Wyoming. A scrivener's error might occur due to a typo, omission, misstatement, or any other mistake in the language or terms of the deed. These errors can lead to discrepancies, inaccuracies, or confusion regarding the property's legal description, ownership rights, or other essential details. Such errors can have significant implications for property owners, buyers, sellers, and any other parties involved in real estate transactions. It is crucial to identify and rectify these errors to ensure the accuracy and validity of the deed. In Wyoming, there are a few common types of Scrivener's Errors in Deed that can occur: 1. Typographical Errors: These involve mistakes made in spelling, grammar, or punctuation, resulting in incorrect or misleading information within the deed document. For example, misspelling a street name or a person's name. 2. Incorrect Legal Descriptions: A scrivener's error may occur when the person drafting the deed unintentionally includes inaccurate information about the property's boundaries, dimensions, or location. This can create confusion over the property's exact location or result in overlapping claims of ownership. 3. Incorrect Granter or Grantee Information: Mistakenly writing down incorrect names, addresses, or other identifying details of the granter (seller) or grantee (buyer) can lead to issues in establishing legal ownership or conducting subsequent transactions on the property. 4. Omissions or Misstatements: Scrivener's errors may involve failing to include or accurately describe important terms, conditions, or provisions in the deed. This omission or misstatement could have significant consequences, such as omitting an easement, encumbrance, or restrictive covenant. To rectify these errors, parties often seek legal assistance to explore remedies available under Wyoming law. Common solutions may include filing a petition with the court requesting a correction, executing a corrective deed, or obtaining a declaratory judgment to clarify the intent and correct the mistake in the original deed. It's important to consult with a qualified attorney or legal professional familiar with Wyoming real estate laws to understand the specific requirements and procedures for rectifying Scrivener's Errors in Deed in the state. Promptly addressing and resolving these errors is crucial to maintain the accuracy, integrity, and validity of property ownership records.
Wyoming Scrivener's Error in Deed
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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.
A scrivener is a writer or professional drafter of instruments such as contracts, wills, or other documents; a scribe. [Last updated in July of 2021 by the Wex Definitions Team]
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.
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.
Deed signed by mistake (grantor did not know what was signed) Deed executed under falsified power of attorney. Deed executed under expired power of attorney (death, disability, or insanity of principal) Deed apparently valid, but actually delivered after death of grantor or grantee, or without consent of grantor.
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.
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.
The Bottom Line A quitclaim deed offers the least level of buyer protection and is generally used for title transfers between family members or to clear a defect on the title.