By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Real Estate and Zoning Law Attorney
What happens if your deed lists the wrong address? Do you have to file a corrective deed? What proof of address is needed to prepare a corrective deed? Does one need the prior deed, the original title search and title policy or a new title search?
The answer is fairly straight forward. From a conveyancing standpoint, a scrivener’s error (mistake by the creator of earlier deed) does not invalidate a deed or mortgage, so long as the document contains sufficient [correct] information to describe adequately the property which was intended to be conveyed (to the exclusion of all other property in the world). In other words, if no one reading the current deed would be confused about which property the parties intended to convey, the description (notwithstanding a scrivener’s error) is legally sufficient.
So if the property description (by metes & bounds or filed map) and the tax block & lot designation in the current deed are correct, I do not believe a corrective deed is necessary, notwithstanding the erroneous street address. The error can be addressed by a recital in a future new deed to read; “Premises commonly known as 123 Main Street, incorrectly identified as 132 Main Street in the deed recorded in Deed Book ____, page ____”.
To discuss your NJ Real Estate and Zoning Law matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing consultations if you are unable to come to our office.