Title Examination Standards
Chapter 1, App.
Chapter 3. Instruments in the Record
§3.4. Corrective Instruments.

A grantor who has conveyed by an effective, unambiguous instrument cannot, by executing another instrument, make a substantial change in the name of the grantee, decrease the size of the premises or the extent of the estate granted, impose a condition or limitation upon the interest granted, or otherwise derogate from the first grant, even though the latter instrument purports to correct or modify the former. However, marketability dependent upon the effect of the first instrument is not impaired by the second instrument.

Authority: Patton & Palomar on Land Titles § 83 (3d ed. 2003); Decennial Digests, Deeds , Key No. 43; Kirkpatrick v. Ault, 177 Kan. 552, 280 P.2d 637 (1955); Walters v. Mitchell, 6 Cal.App. 410, 92 P. 315 (1907); Lytle v. Hulen, 128 Or. 483, 275 P. 45 (1929). Comment: This standard addresses a situation in which the grantor acts without the joinder of the grantee(s) named in the original conveyance, or their successor(s). A corrective instrument executed by both the grantor and grantee, or their successors, that is otherwise in proper form is effective to modify the prior conveyance. To be in proper form, a corrective instrument such as a stipulation of interest and cross conveyance must be executed and acknowledged by (1) the original grantor(s) and grantee(s), (2) their respective successor(s) in interest, AND/OR (3) all other affected parties. If there are intervening parties (such as a mortgage or easement holders), further corrective language or instruments may be required.

Adopted as 4.4, December 2, 1961, 32 O.B.A.J. 2280 (1961), printed, id. at 1865, 1920, 1969 & 2029, see also id . at 1425.

The 2020 Title Examination Standards Sub-Committee of the Real Property Law Section recommended the following editorial changes to the Title Standards as they appear on OSCN to bring the printed handbook and OSCN into conformity. The Real Property Section approved the proposal, and the House of Delegates adopted the amendment on November 13, 2020. (superseded document available)

The 2023 Title Examination Standards Sub-Committee of the Real Property Law Section recommended a new comment to Standard 3.4 be included to assist title examiners with understanding when corrective instruments can be accepted. The Real Property Section approved the proposal, and the House of Delegates adopted the new amendment on November 3, 2023. (superseded document available)

The 2025 Title Examination Standards Sub-Committee of the Real Property Law Section recommended new language be added to the existing comment to Standard 3.4 in order to assist attorneys in drafting corrective instruments. The Real Property Section approved the proposal, and the House of Delegates adopted the new amendment on November 7, 2025. (superseded document available).