A property's street address is useful for finding the house, but the legal description is what identifies the real estate being conveyed by the deed. If that description contains an error, the recorded document may describe the wrong lot, omit part of the property, include property that was not intended to be conveyed, or create uncertainty about exactly what the owner received.

Some errors are relatively easy to correct. Others require examining prior deeds, plats, surveys, or other documents to determine where the mistake occurred and who must participate in correcting it. Alabama law expressly recognizes corrected deeds and other corrective instruments used for purposes such as perfecting title, but the proper solution depends heavily on the particular defect.

A legal-description issue should never be fixed by guessing what the deed was "supposed to say." The existing chain of title and supporting property records should be reviewed first. If a Realtor, homeowner, builder, or lender notices that the description on a contract, survey, prior deed, or title document does not match, raise the issue early so it can be investigated before closing.

If you have discovered an error in a deed or legal description connected to property in Madison County or North Alabama, Alabama Property & Estate Law, LLC can help you evaluate the issue and determine what corrective steps may be available. Call us at 256-489-0038 to schedule a consultation.