Quick Answer
An incorrect legal description on a deed can identify the wrong land, omit part of the property, or create uncertainty about what is being conveyed. The cure may require a corrective deed, reformation, a survey, supporting documentation, or court action depending on the error and jurisdiction.
Why Legal Descriptions Matter
The legal description is the formal way to identify real property. Unlike a street address, which can change or be duplicated, the legal description uniquely identifies the specific parcel using recorded maps, plat references, metes and bounds, or government survey coordinates. An error in the legal description means the deed may not convey what the parties intended. Learn what the legal description tells you.
Real-World Example: An Extra Property Accidentally Conveyed
A case before the Tennessee Supreme Court involved a deed whose legal description erroneously included an adjacent lot that the seller did not own and did not intend to convey. When the buyer claimed ownership of the additional lot, the seller had to pursue quiet title and reformation actions. The case demonstrates how a single description error can lead to litigation over unintended property. 1st Option Title, Scott Horne, and Horne & Associates did not handle this matter. It is referenced here for educational purposes.
Another Real-World Example
In an Ohio case, a deed's legal description included approximately 65 acres beyond the motel parcel the buyer intended to purchase. The error was discovered years later when a subsequent owner attempted to sell. The case illustrates that incorrect descriptions can remain hidden for years and affect not just the original parties but later owners as well. 1st Option Title, Scott Horne, and Horne & Associates did not handle this matter. It is referenced here for educational purposes.
How Can the Error Be Fixed?
Options depend on the type of error and the jurisdiction. A corrective deed from the parties who signed the original deed may resolve the issue if they are available and willing. If the parties cannot agree or cannot be located, reformation or quiet title action may be necessary. Learn about corrective deeds. Learn about scrivener's errors and how they differ from substantive errors.
FAQs
Who is responsible for an incorrect legal description?
Responsibility depends on who prepared the deed, who recorded it, and the circumstances. In many transactions, the title company reviews legal descriptions and flags discrepancies before closing. Learn why buyers should review the legal description.
Can a street address replace the legal description?
No. A street address is not a substitute for a legal description in a deed, though some states permit abbreviated references under certain conditions. The legal description must accurately identify the property according to recorded instruments or surveys.