Terms Used In Florida Statutes 689.041
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grantor: The person who establishes a trust and places property into it.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
The term “scrivener’s error” does not include any error in a document that contains multiple errors.
Curative Notice, Per Sec. 689.041, F.S.
Scrivener’s Error in Legal Description
The undersigned does hereby swear and affirm:
1. The deed which transferred title from   (Insert Name)   to   (Insert Name)   on   (Date)   and recorded on   (Record Date)   in O.R. Book  , Page  , and/or Instrument No.  , of the official records of   (Name of County)  , Florida, (hereinafter referred to as “first erroneous deed”) contained the following erroneous legal description:
(Insert Erroneous Legal Description)
2. The deed transferring title from   (Insert Name)   to   (Insert Name)   and recorded on   (Record Date)   in O.R. Book  , Page  , and/or Instrument No.  , of the official records of   (Name of County)  , Florida, contains the same erroneous legal description described in the first erroneous deed.
(Insert and repeat paragraph 2. as necessary to include each subsequent erroneous deed in the chain of title containing the same erroneous legal description)
3. I have examined the official records of the county in which the intended real property is located and have determined that the deed dated   (Date)  , and recorded on   (Record Date)   in O.R. Book  , Page  , and/or Instrument No.  , official records of   (Name of County)  , Florida, establishes that record title to the intended real property was held by the grantor of the first erroneous deed at the time the first erroneous deed was executed.
4. I have examined or have had someone else examine the official records of   (Name of County)  , Florida, and certify that:
a. Record title to the intended real property was held by the grantor of the first erroneous deed,   (Insert Name)  , at the time that deed was executed.
b. The grantor of the first erroneous deed and the grantors of any subsequent erroneous deeds listed above did not hold record title to any property other than the intended real property in either the same subdivision, condominium, or cooperative or the same section, township, and range, if described in this manner, at any time within the 5 years before the date that the erroneous deed was executed.
c. The intended real property is not described by a metes and bounds legal description.
5. This notice is made to establish that the real property described as   (insert legal description of the intended real property)   (hereinafter referred to as the “intended real property”) was the real property that was intended to be conveyed in the first erroneous deed and all subsequent erroneous deeds.
Sworn to (or affirmed) and subscribed before me this   day of  ,   (year)  , by   (name of person making statement)  .
(Signature of Notary Public – State of Florida)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Personally Known    OR Produced Identification
Type of Identification Produced