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).

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 (superseded document available)