ExpertLaw.com Forums

How to Fix a Clerical Error in My Deed Description

Printable View

  • 08-29-2013, 04:42 PM
    LCH77
    How to Fix a Clerical Error in My Deed Description
    My question involves real estate located in the Commonwealth of: Pennsylvania


    While reviewing a separate issue, I happened to read the wording of the deed to my home. I think there might be an error in the description.

    (I’ve changed the street names and I converted some of the the numerical wording into digits.)

    My description:
    From a T intersection (but with a curved curbstone at the intersection) with Spring Valley Road, my street, Maple Lane, is straight and based on the compass in my cell phone, runs about 220° (40° West of South) . When facing Southwest, my lot is third on the right side and begins about 300 feet from Spring Valley Road.

    The deed description:
    BEGINNING at a point, a corner of Lot No. 5 on said plan, on the Northwesterly side of Maple Lane (60 feet wide), said point being measured the following three courses and distances from the intersection of the Northwesterly side of Maple Lane as laid out on said plan, with the center line of Spring Valley Road (33 feet wide, proposed to be widened to 60 feet): (1) South 45°33’ 54” West, thirty feet to a point of curve on the Southwesterly proposed right of way line of Spring Valley Road; (2) in a Southerly direction on the arc of a circle having a radius of 25’ and curving to the right, the arc distance of 36.84’ to a point of tangent; (3) South forty degrees West, 295.99’ to the place of beginning; thence extending along the aforesaid Northeasterly side of Maple Lane, South forty degrees West, 165.35 feet to a point in the line of lands now or late of Smith; thence extending along the same North 49°44’28” West, 278.47 feet to a point, a corner of lands lands now or late of Jones; thence extending along the same, South forty degrees East, 164.08 feet to a point, a corner of Lot no. 5: thence extending along same, South 50 degrees East, 278.46 feet to the point and place of beginning, _ ______ BEING Lot. No. 4 on said Plan

    I’m not a surveyor but shouldn’t the word “Northeasterly” be “Northwesterly? If so, should I get it fixed? How?
  • 09-01-2013, 09:33 AM
    Mr. Knowitall
    Re: How to Fix a Typo in My Deed Description
    When you checked the chain of title, did the error originate with your deed or does it go back to an earlier transaction? Has the description ever been correct? If you have title insurance, have you run the discrepancy past the title insurance company?
  • 09-01-2013, 10:01 AM
    adjusterjack
    Re: How to Fix a Typo in My Deed Description
    Sorry, but there is no way of telling whether you are interpreting it correctly with out knowing the actual street names and city so it can be mapped.

    Step 1 is to have a surveyor check the legal description to determine if it's correct or not. Or visit the county assessor's office and see if somebody there can explain it.
  • 09-01-2013, 10:10 AM
    Mr. Knowitall
    Re: How to Fix a Typo in My Deed Description
    It's reasonable to infer that there is a problem, given that the reference to "the aforesaid Northeasterly side of Maple Lane" is not preceded by any mention of the "Northeasterly side of Maple Lane".
  • 09-01-2013, 10:24 AM
    LandSurveyor
    Re: How to Fix a Typo in My Deed Description
    The most likely place for an error in a description to originate is in the law office which created the instrument which included it. It is an error in transcription, commonly called a "scrivener's error".

    I would recommend that you contact the law office which prepared the document and ask them to check it against the surveyor's description furnished to them, or to earlier instruments if the description was carried forward.
  • 09-01-2013, 11:44 AM
    LCH77
    Re: How to Fix a Typo in My Deed Description
    Thanks to all for your responses. I agree with Mr. Knowitall that there is not an aforesaid "Northeasterly" and with LandSurveyor calling it a "scrivener's error."

    All of the copies of the deeds that were included in the many refinances have "Northeasterly" so it will require a little research to find where and when the error was made. I guess I'll start by contacting the last abstract company to prepare a copy of the deed.

    BTW, does this Forum include a "spell checker?" I thought I might have used it on one post but cannot find it.
  • 09-01-2013, 11:56 AM
    Disagreeable
    Re: How to Fix a Clerical Error in My Deed Description
    Yes, it has a spell checker. Like most it is subject to limitations.
  • 09-01-2013, 12:35 PM
    adjusterjack
    Re: How to Fix a Clerical Error in My Deed Description
    The spell checker appears to be automatic and puts a red line under the misspelled word as you type.

    And, yes, it does have its limitations but it seems to expose lots of typos that happen when one types to fast.
  • 09-03-2013, 10:38 AM
    DaveM
    Re: How to Fix a Clerical Error in My Deed Description
    Quote:

    Quoting adjusterjack
    View Post
    And, yes, it does have its limitations but it seems to expose lots of typos that happen when one types to fast.

    I hope this is subtlety.
  • 09-03-2013, 11:33 AM
    Mr. Knowitall
    Re: How to Fix a Clerical Error in My Deed Description
    The red lines in the browser are from a browser-based spell checker, not from the forum software.
All times are GMT -7. The time now is 07:44 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved