Correcting a Property Deed

[Orale 1112]

I have a commercial property that I re-platted from numerous small lots into two larger lots years ago. The deed is dated some years before the re-plat and shows the pre-plat small lots in the legal description rather than the post-plat two larger lots. This is creating consternation for our property insurance carrier for some reason, so I need to update our deed showing the correct current legal description. I am both the grantor and grantee (an LLC I created) in the deed, so there's no issue getting all the parties to the deed on board. 

I am under the impression I need to record a corrected deed in order to correct/update the legal description. Does this sound about right? I'll probably find a local property attorney to assist, but just want to know what I'm dealing with before starting their billing clock. 

 

[conVINCEd 21474]

The less expensive path might be getting a new insurance carrier who has no such consternation.

[UTPhil2006 3828]

28 minutes ago, conVINCEd said:

The less expensive path might be getting a new insurance carrier who has no such consternation.

[Orale 1112]

42 minutes ago, conVINCEd said:

The less expensive path might be getting a new insurance carrier who has no such consternation.

The commercial insurance industry is a hot mess at the moment. Our broker sent out requests for quotes to 15 carriers and only two responded (with significant increases over current premiums). So, unfortunately, we're not in a position to be choosy beggars.  

[South Austin 52687]

Deed corrections are pretty common, and often the title company who handled the transaction will prepare the correction instrument.

Since you are both the grantor and grantee, the process should be pretty easy.  Check out the provisions for correction instruments in Chapter 5 of the Texas Property Code (Sections 5.207-.030). 

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.5.htm

[Hammerin Hank 1227]

Correction instruments are commonly used to correct minor mistakes, but this does not seem like something that needs to be corrected.  Legal descriptions change by way of replat all the time, but I’ve never seen a correction filed to address them. It seems like a copy of the replat should be all they need. Do you have a survey that you could show so they can see it’s the same property?

[Orale 1112]

2 hours ago, Hammerin Hank said:

Correction instruments are commonly used to correct minor mistakes, but this does not seem like something that needs to be corrected.  Legal descriptions change by way of replat all the time, but I’ve never seen a correction filed to address them. It seems like a copy of the replat should be all they need. Do you have a survey that you could show so they can see it’s the same property?

Yes to both. That's a good idea.