Pennsylvania Deed Problems: Errors, Ownership Disputes and Corrective Deeds

A problem in a deed does not always mean that ownership is lost, but it should not be ignored. Pennsylvania real-estate records can contain mistakes involving names, legal descriptions, parcel references, signatures, marital status, prior conveyances and other details that affect the chain of title. Some defects may be corrected cooperatively with a new or corrective instrument. Others involve a genuine dispute over ownership and may require a quiet-title action or other court proceeding.

What Kinds of Deed Problems Occur in Pennsylvania?

Deed problems range from obvious clerical mistakes to serious title defects. Common examples include:

• misspelled or inconsistent names of grantors or grantees;
• incorrect marital-status references;
• errors in a parcel number, lot number or tax identification reference;
• an incomplete or inaccurate legal description;
• an omitted parcel, reservation or exception;
• a deed signed by the wrong person or without proper authority;
• an unreleased prior interest appearing in the chain of title;
• conflicting deeds or conveyances;
• estate-related conveyance problems;
• boundary descriptions that do not match surveys or conditions on the ground; and
• documents that were never properly recorded.

The significance of the defect depends on what the deed was intended to accomplish, the surrounding chain of title and whether anyone disputes the intended ownership.

Does a Typographical Error Make a Deed Invalid?

Not necessarily. A minor typo may have little practical effect if the parties, property and intended conveyance remain reasonably identifiable. But a seemingly small error can matter when it creates uncertainty about who owns the property, what land was conveyed or whether a title insurer, lender or future buyer will accept the chain of title.

The safest approach is to evaluate the entire deed and prior title history rather than assuming that an error is harmless because it looks clerical.

What Is a Corrective Deed?

A corrective deed is commonly used to correct or clarify an error in a previously recorded deed when the parties agree about the intended transaction. Depending on the circumstances, it may correct a name, legal description, parcel reference or other drafting problem while identifying the prior instrument that is being corrected.

A corrective deed should not be treated as a casual editing tool. It is itself a legal instrument affecting real property. The parties signing it must have authority to do so, the document must be properly executed and acknowledged, and county recording requirements must be satisfied.

When Is a Corrective Deed Usually Appropriate?

A corrective deed is most useful when there is a genuine drafting or clerical error and everyone whose rights are affected agrees on what the original deed was supposed to say. Examples may include:

• a misspelled grantee name;
• an incorrect lot or parcel reference;
• a scrivener’s error in the legal description;
• an omitted reference that can be corrected without changing the substantive bargain; or
• other mistakes where the parties agree on the intended conveyance.

Even in those situations, the correction should be coordinated with the title record and, when applicable, the title insurer, lender, surveyor or other professionals involved in the transaction.

When Is a Corrective Deed Not Enough?

A corrective deed does not solve every title problem. It may be inadequate when:

• the parties disagree about what property was intended to be conveyed;
• one necessary party is deceased, unavailable or unwilling to sign;
• there are competing deeds or competing claims of ownership;
• the dispute involves adverse possession, a boundary line or a claimed easement;
• the defect affects rights of third parties, lienholders or later purchasers;
• an estate or trust lacked authority to make the original conveyance; or
• the title defect cannot be cured by agreement alone.

In those circumstances, the appropriate remedy may involve litigation. A Pennsylvania quiet-title action can be used to determine the validity of a deed or competing claimed interests in land, while a claim seeking to change the language of a deed because of a proven scrivener’s or mutual mistake is generally an equitable reformation claim. Depending on the facts, quiet-title, declaratory and reformation claims may need to be pleaded separately or together.

Why the Chain of Title Matters

A deed should not be evaluated in isolation. The chain of title shows how ownership moved from one person or entity to another over time. A lawyer reviewing a deed problem may examine prior deeds, mortgages and releases, easements, subdivision plans, estate records, surveys, tax records and other recorded instruments.

Sometimes the current deed contains an error that can be traced to a much older instrument. In other cases, the current deed is accurate but conflicts with an earlier conveyance or reservation. Understanding where the problem began is often essential to choosing the correct remedy.

What If the Legal Description Is Wrong?

Legal-description problems deserve particular attention because the description identifies the land being conveyed. An error can involve bearings and distances, acreage, lot references, omitted parcels or inconsistent calls. If the issue concerns the physical location of a boundary, a licensed surveyor may be needed to compare the deed language with monuments, plans and conditions on the ground.

A survey can clarify the factual layout, but it does not by itself decide legal ownership when competing claims exist. The legal effect of the deeds and other title documents must still be analyzed.

What If a Prior Owner or Estate Is Involved?

Deed problems often surface after a prior owner has died. The analysis may require determining whether title passed through probate, intestacy, survivorship, a trust or another form of ownership. An executor, administrator or trustee may have authority to sign certain documents, but that authority depends on the estate or trust and the transaction involved.

When a necessary former owner is deceased, correcting a deed can be more complicated than obtaining another signature. Estate records, court authority and the rights of heirs or beneficiaries may need to be considered.

Why Recording Matters

Pennsylvania law provides a statutory framework for acknowledgment and recording of instruments affecting real property. Recording places the instrument in the public land records and can be critical to priority against later purchasers, mortgagees and creditors. Under Pennsylvania’s recording statute, an unrecorded conveyance may be void as against a later bona fide purchaser or mortgagee whose conveyance is first duly recorded. Recording, however, does not by itself cure a defective conveyance or resolve a dispute over what interest was actually transferred. County recording requirements also affect document format and parcel identification.

For that reason, a correction should be prepared with the recording office and title chain in mind rather than simply altering a copy of the old deed.

What Documents Should You Gather?

Before seeking advice about a Pennsylvania deed problem, it is useful to collect:

• the current deed;
• prior deeds in the chain of title;
• any title-insurance policy or title commitment;
• a survey or subdivision plan, if available;
• mortgages, releases, easements and recorded agreements;
• estate or trust documents if a prior owner is deceased;
• tax maps and assessment information;
• purchase agreements or settlement documents; and
• correspondence describing the alleged error or competing claim.

Frequently Asked Questions About Pennsylvania Deed Problems

Can I just write the correction on the old deed?

No. A recorded deed should not simply be altered after the fact. A correction generally requires a new properly executed and recorded instrument or another legally appropriate procedure.

Can a title company fix a deed problem?

A title company may identify a defect, request curative documents or insure over certain risks, but it does not decide a genuine ownership dispute. Contested claims may require agreement among the parties or court action.

Does a corrective deed transfer the property again?

The legal effect depends on the language and circumstances. A properly drafted corrective instrument should clearly identify what is being corrected and how it relates to the prior recorded deed.

What if someone refuses to sign a corrective deed?

If a necessary party refuses to cooperate and the defect materially affects title, a court proceeding may be necessary to determine the parties’ rights.

Related Pennsylvania Real Estate Resources

• Pennsylvania Real Estate Law
• Pennsylvania Quiet Title Actions
• Adverse Possession in Pennsylvania
• Prescriptive Easements in Pennsylvania

Talk with a Pennsylvania Real Estate Attorney

ZwickLaw assists property owners, buyers, sellers, estates and businesses with deed, title, boundary and ownership issues throughout Western and Central Pennsylvania. Learn more about C.J. Zwick, review the firm’s Civil & Commercial Litigation practice, or contact ZwickLaw to discuss a real-estate matter.

This article provides general information and is not legal advice. The correct remedy for a deed or title problem depends on the chain of title, the nature of the defect, the parties involved and current Pennsylvania law.