How can I amend a deed when it doesn’t show how I originally acquired the property? - Florida
The Short Answer
In Florida, whether you can “amend” a deed depends on what is actually wrong. If the problem is a limited scrivener’s error in the legal description, Florida law provides a specific curative process that can correct the chain of title without re-doing the entire transfer.
If the issue is more than a narrow legal-description error (for example, the deed is missing key information about the transaction or the chain of title is unclear), you may need a different legal remedy—often involving probate or a court action to clear title—rather than a simple recorded correction.
What Florida Law Says
Florida recognizes that recorded deeds sometimes contain drafting mistakes that can create a “cloud” on title. For certain limited legal-description mistakes, Florida law allows a recorded curative notice to operate as a correction and relate back to the original recording date—helpful when the error is truly clerical and the intended property can be proven from the public records.
The Statute
The primary law governing this issue is Fla. Stat. § 689.041.
This statute establishes a curative procedure for certain scrivener’s errors in deeds (generally, a single error or omission in the legal description within narrow categories) and provides that, if the statutory conditions are met and a proper curative notice is recorded, the correction can relate back to the record date of the first erroneous deed.
Why You Should Speak with an Attorney
Even when the problem sounds simple—like a deed that doesn’t reflect how you acquired the property—fixing it the wrong way can create bigger title problems, trigger probate issues, or derail a refinance or sale. Legal outcomes often depend on:
- Strict statutory conditions: Fla. Stat. § 689.041 only applies to specific, limited categories of scrivener’s errors and has detailed requirements (including what qualifies as a “scrivener’s error” and when the curative process can be used).
- Burden of proof and documentation: You typically need strong record evidence showing what property was intended and how title was held—especially if the deed problem is tied to an estate, prior owner, or missing links in the chain of title.
- Exceptions and alternative remedies: If the deed issue is not a qualifying scrivener’s error (or involves multiple errors, metes-and-bounds-only descriptions, or disputed ownership), the solution may involve probate administration, a quiet title case, or other court relief—not just “recording a correction.”
Because deed corrections can affect ownership rights and marketable title, it’s worth having a Florida probate/real estate attorney review the deed, the prior deed(s), and any estate documents before you take action.
If you want more background on related title problems, you may find these helpful: clearing a cloud on title with a quiet title action in Florida and whether a quiet title lawsuit can finalize an inherited property transfer in Florida.
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.