How can a minor error in a legal description be corrected?

Prepare for the Michigan State Title Insurance Exam. Enhance your study with flashcards and multiple-choice questions. Understand questions with detailed hints and explanations. Ace your exam!

A minor error in a legal description can be corrected effectively by re-recording a deed with an affidavit of scrivener's error. In the context of real estate transactions, a scrivener's error refers to a mistake made in the writing or typing of a legal document, often a typographical error that does not affect the legitimate intention of the document parties.

Re-recording the deed with an affidavit serves as a formal acknowledgment of the error and provides a clear indication of the intended correction without the need for complex legal actions or the drafting of a completely new deed. This process maintains the integrity of the original transaction while clearly clarifying the correct information for future reference.

The affidavit provides a clear statement regarding the nature of the error, helping to ensure that the public record accurately reflects the correct legal description. This practice is usually accepted and recognized by title companies and in legal proceedings, facilitating smoother transactions and better clarification of ownership rights.

Other options, such as drafting a new deed or filing a lawsuit, may be more cumbersome and unnecessary for minor errors that can be resolved through simpler means. These alternatives often involve additional time, complexity, and legal costs that are not required when a straightforward re-recording with an affidavit suffices.

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