Deed Issues and Errors
Published on Friday, 05 August 2011 20:34 Written by Lawrence D. Brudy & Associates, Inc
When purchasing a home, most buyers assume that the deed they are shown at the closing table is correct and will secure their ownership of the property. For the most part, deeds are prepared and recorded without issue. However, deeds are prepared by people, and so mistakes can easily be made.
Mistakes can come from anywhere. For example, there could be typing errors in the dimensions, location, or area of the property. Or there could have been wrong information on a prior deed of record.
How title is taken may not be correct, and this can be devastating to a buyer’s right to stay in the home after the death of some other person on the title.
Some counties are now reviewing legal descriptions in order to correct mistakes that were made before the deed to the property was recorded. But county offices are not reviewing the entire deed to ensure that all reservations and exceptions are noted, or if more than one parcel is being conveyed, if that is what the buyer and seller agreed to.
Typographical errors can be corrected, with the cooperation of Grantors (sellers) and Grantees (buyers) to re-sign a new deed. This can be challenging, especially if the Grantors have moved out of state. Then there’s a bigger issue – a recorded deed in which the buyers are holding title in a way that is detrimental to them. This unfortunate circumstance usually will go unnoticed until it is too late.
Buyers typically are unaware that they have the option of how to hold title to their property. Their decision will affect the distribution of the property at the death of one of the Grantees, and therefore is extremely important. In the event there’s a conflict between the title on a home and a Last Will and Testament, title always wins. Because of this rule, buyers should always be asked how they wish to hold title to the property, and they should understand each option. For all of these scenarios, and many others, it is clear that having a professional prepare the deed to a transaction has always been vital.
And these days, with new issues arising, for example, out of the Marcellus Shale activity, it is even more important that the deed is properly prepared and transfers only what the seller intends to sell and the buyer intends to buy. The language must be precise to ensure that certain rights and interests are either conveyed or excepted within the document.
Contact Darcy Dayton, Esquire, at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. or toll free at (855)935-1400 for more information