Scrivener's Error/Affidavit

Law & Legal
1

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.

2

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?