R255-30-501. Affidavit of Correction

(1) Under Subsections 57-3-106(9) and (10) and subject to Section 17-71-402, a county recorder shall accept an affidavit of correction submitted to correct minor typographical error or clerical error in a recorded document that meets the requirements of this section. (2) The affidavit of correction shall include a reference to: (a) the original recorded document; and (b) the original recorded document's recording information including: (i) the recording date; and (ii) one of the following: (A) book and page number; or (B) entry number. (3) A county recorder shall accept an affidavit to correct a minor error including an affidavit to correct: (a) a date of trust that is: (i) incorrect; or (ii) omitted; (b) an error between the name of a grantor and the name of the record owner where there is: (i) a misspelling of a name; (ii) a conflict with an initial; or (iii) another minor conflict; (c) an error in one of the following legal descriptions: (i) an amended subdivision was not indicated; (ii) a duplicate call in legal description; (iii) a conflict between an Arabic and a Roman numeral; (iv) a directional call, such as north, south, east, or west; (v) a bearing; (vi) a distance back to the point of beginning (POB); or (vii) subject to Subsection R255-30-501(4): (A) a lot; (B) a phase; or (C) a misspelling of a subdivision name except that it may not change the entire subdivision name; (d) a notary acknowledgement or jurat for a document that contains a minor error including: (i) an error in the notary date; (ii) a misspelling of a signer's name subject to Subsection 57-3-106(10); or (iii) a missing initial; (e) an error in section, township, or range where the remaining legal description matches the record legal description; or (f) an error in a call establishing the point of beginning where the remaining legal description matches the record legal description. (4)(a) A county recorder shall accept an affidavit to correct a legal description error in the name of the lot or phase, or a misspelling of the subdivision name where: (i) the intent is clear as to the correct legal description such as: (A) the correct lot number; and (B) the grantor did not own the lot that was described on the erroneous deed; and (ii) in addition to the requirements of Subsection R255-30-501(2), the affidavit contains: (A) the original description with the error; and (B) the correct description. (b) A county recorder shall abstract the affidavit of correction to each parcel description under Subsection R255-30-501(4)(a)(ii). (5) A county recorder may accept an affidavit to correct an error in a section, township, or range that has an error in a call establishing the point of beginning where: (a) the remaining legal description matches the record legal description; and (b) the intent is clear as to the correct legal description as evidenced by the following: (i) the correct TIN was listed on the document; and (ii) the grantor only owned the land described with the correct point of beginning. (6) A county recorder may accept an affidavit to correct an error in a point of beginning that has an error in a call establishing the point of beginning where: (a) the remaining legal description matches the record legal description; and (b) the intent is clear as to the correct legal description: (i) the correct TIN was listed on the document; and (ii) the grantor only owned the land described with the correct point of beginning. (7) Under Subsection 57-3-106(10), a county recorder may not accept an affidavit of correction to correct the following: (a) the name of a grantee under Subsection 57-3-106(10)(a)(i) including: (i) an error in the grantee's name including an omission of a trustee's name; or (ii) grantee tenancy; (b) the name of a grantor: (i) for an error in the grantor's name including changing from: (A) an individual to a trustee; or (B) a trustee to an individual; (ii) to change the grantor's entire name; or (iii) to add a grantor name; (c) the full name of a subdivision; (d) wrong trust listed on document; or (e) for a legal description: (i) where at least two of the following are missing or omitted: (A) section; (B) township; or (C) range; (ii) where a call to arrive at point of beginning was omitted; or (iii) where no point of beginning was established.