Successful Deed Correction and Property Transfer

In 2012, our client was given over 120 acres of land. However, it would be over a decade before the property was transferred to our client. As it turns out, there was an error in the deed, and the property owner passed away shortly thereafter. Our client didn't seek to finalize the transaction of the gifted property, and the transfer stalled.

Years later, our client decided to begin the steps to assert his rights to the land. Expecting a prolonged process that might involve litigation, he sought the help of Robinson & Henry's Real Estate and Litigation Attorney Edmund Robinson. To our client's pleasant surprise, the process would be easier than anticipated.

Edmund drafted an Affidavit of Scrivener's Error for our client. An Affidavit of Scrivener's Error is a legal document used to correct clerical or typographical errors in recorded documents, like a deed to property. These affidavits must include information such as a description of the land, titles that could be affected, recording instruments, like a deed, and more. C.R.S. 38-35-109 A scrivener's affidavit is sufficient to establish the deed's correction unless other evidence can disprove it.

Once the affidavit was complete, our client submitted it to the appropriate county clerk and recorder's office. The submission was successful, and the office transferred the property to our client. Our client was pleased with the results having saved significant time and money to secure his rights to the land he was gifted.