Use of Correction Deeds
A correction deed may be used for correcting errors in negotiated conveyances previously filed of record, when its use has been determined legally appropriate under Texas
. ROW legal staff should be consulted on the use and drafting of such deeds.
The following factors should be considered in determination of appropriate use:
- The “materiality” of the proposed change. Mistakes of a “nonmaterial” or “clerical” nature, which are further described in , are more easily addressed by a correction deed made by any individual with personal knowledge of the facts relevant to the correction of the recorded original instrument of conveyance. Notice of the nonmaterial correction deed must be provided to the original parties, or their heirs, successors, or assigns, if applicable.
- “Material changes”, as described in , require that both parties to the original transaction, or the parties' heirs, successors, or assigns, as applicable, execute the corrective instrument.
In all instances, obtain prior approval of the ROW Program Office before execution of the correction deed. Following execution, the title company that insured the state's parcel must be afforded the opportunity to examine the deed and to amend its policy. The correction deed is then filed for record and forwarded to the ROW Program Office for permanent filing. Any title insurance policy changes are submitted with the completed instrument.