Use a deed of correction from the original grantor to amend an error in a previously recorded deed in Virginia.

Errors in a previously recorded deed in Virginia may be cured by a deed of correction from the grantor to the grantee of the original deed. The new document identifies the error by type, the prior deed by date and recording number, and inserts the correct information; otherwise it duplicates the format of the original deed. The deed requires no consideration statement and is exempt from transfer tax. State the exemption on the face of the deed and refer to the relevant Virginia Code.

A deed of correction is most often used for minor mistakes such as misspelled names or variation in name by which the record title holder acquired title and a name by which he holder conveyed title. It can also be used for obvious errors in the property description. For example: errors transcribing courses and distances; errors incorporating a recorded plat or deed reference; errors in listing a lot number or designation; omitted exhibits that supply the legal description of the property.

Correction deeds can help to clarify the manner in which title to the property is held by the same, initially named grantee, but they cannot be used to change the grantee or to add or omit a grantee. Also, do not use a corrective deed to change a greater estate to a lesser estate, for example to transfer ownership to an heir while reserving a right to remain on the property for the remainder of the original grantee's life. In Virginia, the relation back principle is generally applied so that a correction deed is considered to relate back to the date of the first deed which it purports to correct.

(Virginia CD Package includes form, guidelines, and completed example)

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