What background knowledge is needed for this Titles Deeds Recording question?

The scrivener's affidavit remedy developed in Florida equity jurisprudence as courts recognized that voiding deeds for minor clerical errors would create massive disruption in property records and punish innocent parties for drafting mistakes. Florida Statutes § 695.11 and related provisions allow affidavits to be recorded to clarify title matters, and courts have consistently upheld the use of scrivener's affidavits to correct transposed numbers, misspelled names, and similar obvious errors. This approach balances the need for accurate public records with the practical reality that human error in document preparation is inevitable.

What is a good way to remember the answer to this Titles Deeds Recording question?

Remember: 'SCRIVENER'S ERROR = AFFIDAVIT FIX.' Think of a scrivener (old-fashioned word for a clerk or writer) who made a typo — you don't throw away the whole document, you just add a correction note. Visualize a teacher correcting a student's paper with a red pen rather than making the student rewrite the entire essay. The affidavit is the red pen correction recorded in the public record. The deed itself remains valid; the affidavit just clarifies the record.

What exam tip applies to this Titles Deeds Recording question?

When a Florida exam question presents a deed with an obvious clerical error — transposed numbers, misspelled names, wrong lot number — and the parties' intent is clear from other evidence, the correct answer will almost always involve a scrivener's affidavit, not a new deed or a void instrument. The key trigger words are 'obvious error,' 'parties' intent is clear,' and 'other identifying information confirms the correct property.' If all three elements are present, select the scrivener's affidavit answer. Reserve 'new deed required' answers for situations where the error is substantive or the intent cannot be determined.

How does this Titles Deeds Recording concept apply in real world practice?

A title attorney in Tampa is reviewing a chain of title and discovers that a 1998 deed describes the property as 'Lot 31' when all surrounding documents — the purchase contract, survey, tax records, and street address — clearly indicate the property is 'Lot 13.' The transposition of digits is an obvious scrivener's error. Rather than tracking down the original grantor (who may be deceased) to execute a new deed, the attorney prepares a scrivener's affidavit documenting the error and the correct lot number, records it in Hillsborough County, and the title is cleared without disrupting the chain of ownership.

Titles Deeds RecordingDeeds_flHARD

A general warranty deed contains a scrivener's error in the legal description, transposing two numbers in the lot number. The correct lot is clearly identified by the street address, and the parties' intent is obvious. What is the most likely outcome?

Correct Answer

B) The error can be corrected by a scrivener's affidavit

B is correct because Florida law allows scrivener's errors in legal descriptions to be corrected by affidavit when the error is obvious and the parties' intent is clear, as evidenced by other identifying information like the street address. A is incorrect because the deed is not void due to a correctable scrivener's error. C is incorrect because a new deed is not necessary when a scrivener's affidavit can correct the error. D is incorrect because the intent of the parties controls over the literal description when there's an obvious error.

Answer Options

The deed is void and must be re-executed

The error can be corrected by a scrivener's affidavit

A new deed must be executed with the correct description

The deed conveys the incorrectly described lot

Why This Is the Correct Answer

Why the Other Options Are Wrong

Deep Analysis of This Titles Deeds Recording Question

Background Knowledge for Titles Deeds Recording

Real World Application in Titles Deeds Recording

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Related Concepts

Deed

A deed is a written legal document that conveys (transfers) ownership of real property from one party to another. It must be delivered to and accepted by the grantee to be effective.

Deed Requirements (Essential Elements)

For a deed to be valid, it must contain several essential elements including a competent grantor, identifiable grantee, consideration, legal description, granting clause, signature of the grantor, and delivery and acceptance.

Escrow

Escrow is an arrangement in which a neutral third party holds documents, funds, or other items on behalf of the buyer and seller until all conditions of the transaction are met.

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A warranty deed in Palm Beach County includes documentary stamp tax. If the property sold for $450,000 and the documentary stamp tax rate is $0.70 per $100 of consideration, what is the total documentary stamp tax due?

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