Land records · Parcel maps · October 7, 2026
What Is a Scrivener's Error on a Deed? How to Fix It
What is a scrivener's error on a deed? A typo or clerical mistake in names, legal description, or dates. How corrective deeds and affidavits fix it.
What is a scrivener’s error on a deed? A scrivener’s error is a clerical or typographical mistake made when a deed or other document was prepared, such as a misspelled name, a transposed lot number, a wrong date, or an incorrect bearing in the legal description. The term comes from “scrivener,” an old word for a person who writes documents. A scrivener’s error does not reflect what the parties intended; it is simply a drafting mistake. Small errors may cause no trouble, but errors in names or legal descriptions can create title problems that need to be corrected of record. This page is general land-records background, not legal advice.
Common examples
| Error | Possible effect |
|---|---|
| Misspelled grantor or grantee name | Breaks name searches in the index |
| Wrong lot or block number | Deed appears to convey the wrong parcel |
| Transposed bearing or distance | Description fails to close or shifts a line |
| Wrong plat book or page reference | Description cannot be located |
| Missing middle initial or suffix | Confusion with similarly named people |
| Wrong county or section number | Description points to the wrong place |
Why it matters
Future title examiners rely on the recorded text. An error can make it look like the property was never conveyed, or that the wrong property was conveyed, creating a cloud on title. Lenders and title insurers often require the error to be corrected before a sale or refinance.
Ways to fix it
- Corrective deed: the original grantor signs a new deed with the correct information, referencing the original deed. See what is a corrective deed.
- Affidavit of correction or scrivener’s affidavit: a sworn statement, often by the preparer, explaining the error. Some states allow this for minor errors. See what is an affidavit of correction.
- Re-recording: in some places, the original deed is corrected, re-signed or initialed, re-acknowledged, and recorded again.
- Court action: if the original grantor is unavailable or refuses, a reformation or quiet title lawsuit may be needed.
Which method to use
Minor errors that do not change what property was conveyed, such as a misspelled middle name, can often be fixed by affidavit. Errors in the legal description that change the land conveyed usually require a corrective deed signed by the original grantor. State law and title company practices control. Ask the title company which method it will accept.
When the grantor has died
If the original grantor is deceased, the estate’s personal representative or heirs may need to sign a corrective deed, or a court may need to reform the deed. This is one reason to fix errors promptly.
Recording the correction
The corrective instrument is recorded like any deed. It should reference the original document by book and page or instrument number and clearly state what is corrected. See how to record a deed. Transfer tax is usually not due again for a pure correction, though a statement may be required.
Preventing errors
Compare names to IDs and prior deeds, copy legal descriptions from the vesting deed or a current survey, check plat references, and have someone proofread before signing.
Bottom line
A scrivener’s error is a clerical mistake in a deed, such as a misspelled name or wrong lot number. Minor errors can often be fixed by affidavit, while errors that change the land conveyed usually need a corrective deed. Fix errors promptly, before the original parties become unavailable. Find county recorders via the Platbookmapper map.
What is a scrivener’s error on a deed FAQ
What is a scrivener’s error?
A clerical or typographical mistake in a document.
How do I fix a typo on my deed?
Through a corrective deed or affidavit, depending on the error and state.
Does a scrivener’s error void the deed?
Usually not, but it can create title problems.
Who signs a corrective deed?
Usually the original grantor.
Is transfer tax due on a corrective deed?
Usually not for a pure correction, but check local rules.