legal description changed incorrectly

Started by IslamM • 4 replies • 1153 views

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IslamM (Florida)
Posts: 67

Posted:

I thank all those that gave me advice, I appreciated. Now my question is what happens when the legal description is changed incorrectly? in case of litigation? Will the old legal description still be valid, or ??

GlenL (Ohio)
Posts: 5,491

Posted:

Legal description of what??????

in case of litigation? Contact an attorney for legal advice.

Will the old legal description still be valid, or ?? Contact an attorney for legal advice.

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LarryB13 (Arizona)
Posts: 4,099

Posted:

If you are asking about the legal description on a deed, the party who made the error can record a corrective deed. That assumes he is still alive, can be found, and will cooperate. Otherwise you would likely need to file a civil "quiet title" action in the courts.

TimB4 (Tennessee)
Posts: 21,059

Posted:

My understanding is the latest version filed is the one used. As Glen and Larry pointed out, if there were errors, those errors would need to be corrected. If you are entering into litigation that will hings on the description in the document, you may need to address the description issue first.

To be positive on what actions you should or should not take, you need to consult with a local attorney who will have access to the actual documents and be knowledgeable of the applicable laws.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Depends..... in some instances, the old one would still be valid, and a new deed can be filed with that missing information.

But lets say a neighbor had an easement on your property, you cant delete that easement off your new deed and say its valid. The old deed has the easement and is still valid even though its not on the new deed.

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