Quick Answer
A scrivener's error is a clerical or drafting mistake that does not reflect the actual intent of the parties. Examples include a typo, wrong lot number, misspelled name, or mistaken legal description reference. Correction depends on the nature of the error, whether intent is clear, and applicable state law.
Examples of Scrivener's Errors
- A deed lists "Lot 12" when the parties intended and believed the property was "Lot 13"
- A name is spelled "Johnsson" instead of "Johnson"
- A property address is listed with the wrong street number
- A legal description references the wrong plat book page
- A date is incorrect but irrelevant to the transfer
Does Calling It a Scrivener's Error Automatically Fix It?
No. Identifying an error as a scrivener's error is the first step, not the solution. The error must still be corrected through appropriate curative documents. The availability and simplicity of correction depend on whether the error is truly a clerical mistake or something more substantive. Learn about corrective deeds. Learn what happens when the legal description is incorrect.
Real-World Lesson
Courts have addressed cases where a deed contained what appeared to be a scrivener's error in the legal description, describing a different property than intended. In some cases, courts have allowed reformation to correct the error. In others, the outcome depended on whether the evidence clearly showed what the parties intended. These cases illustrate that even apparent clerical errors may require legal resolution when they affect property rights. 1st Option Title, Scott Horne, and Horne & Associates did not handle these matters. They are referenced for educational purposes.
FAQs
What is the difference between a scrivener's error and a substantive error?
A scrivener's error is a clerical mistake where the document does not reflect what was intended. A substantive error involves a deeper issue, such as one party not having authority to convey or the transaction being invalid for legal reasons. Scrivener's errors may be easier to correct.
Can a scrivener's error invalidate a deed?
Not necessarily. Courts may allow correction if the error is clearly clerical and the parties' intent can be established. However, until corrected, the error creates a title problem that must be addressed.