Would the following on “Deed 2” be considered scrivener’s error and curable with a scrivener’s affidavit?
“Deed 1” from owner 1 to owner 2 listing:
All minerals in
Houston County, TX
Starr County, TX
Roosevelt County, NM
“Deed 2” from owner 2 to owner 3 listing:
All minerals in
Houston County, TX
Starr County, TX
Roosevelt County, TX
Deed 2 is identical to Deed 1 but for the error concerning Roosevelt County, TX (there is not a Roosevelt County, TX). How much of an error is that typo? Unfortunately, owner 2 is no longer around to file a correction deed.
This is a matter of NM law and you need to consult a NM real property attorney. Have all relevant paperwork and correspondence about the intended transaction ready for review. Was an original Deed 2 filed in NM records with correct state and county heading at the top? Did it describe any NM tracts or was it limited to general language about all minerals in the county? Does it reference Deed 1? How old are these deeds? Are you owner 3?
Thank you for the response. We will look for a NM real property attorney.
Deed 2 was never filed in NM for some reason, but we have a certified copy of Deed 1 and Deed 2 that were filed in TX.
The deeds are all right title and interest county-wide deeds, so no specific tracts.
Deed 2 does reference Deed 1.
The deeds are about 10 years old - the NM tract was part of a larger package and was negligible, but a potential buyer brought the to our attention and suggested we correct it.
Yes we are Owner 3.
Thank you again.