Question 1

What is a scrivener’s error in a deed?

Accepted Answer

A scrivener’s error is a clerical mistake made by the person who drafted (scribed) the deed. Common errors: wrong legal description (the deed describes a different parcel than intended), misspelled names (the grantor or grantee’s name is incorrect), wrong lot or block number (transposing digits in the legal description), omitted provisions (reservations or conditions that were agreed upon but not included), and mathematical errors (incorrect calculations in the legal description). These errors do not reflect the parties’ actual agreement.

Question 2

How is a scrivener’s error corrected in Florida?

Accepted Answer

Correction: corrective deed (the most common method; the parties execute a new deed correcting the error and record it; the corrective deed references the original deed and specifies the correction), reformation (the court reforms the deed to correct the error; available when the parties cannot agree or one party is unavailable; requires clear and convincing evidence), and affidavit of correction (for minor errors: the affected party files a sworn affidavit identifying the error and the correction; recorded in the official records). Best practice: correct errors promptly to avoid title problems.

Question 3

What problems can a scrivener’s error cause in Florida real estate?

Accepted Answer

Problems: cloud on title (the error creates uncertainty about the property’s ownership or boundaries), title insurance issues (the title company may require correction before issuing a policy), sale delays (the buyer’s title search reveals the error; closing is delayed until it is corrected), and boundary disputes (if the legal description is wrong, it may overlap with a neighbor’s property). The cost of correction: increases over time (the original parties may die, move, or become unavailable).

Scrivener's Error

Scrivener’s Errors in Deeds

Common Errors

Correction Methods

Problems Caused

Related Terms

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