1. (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. (2) The affidavit of correction shall include a reference to:

   1. (a) the original recorded document; and

   2. (b) the original recorded document's recording information including:

      1. (i) the recording date; and

      2. (ii) one of the following:

         1. (A) book and page number; or
         2. (B) entry number.

3. (3) A county recorder shall accept an affidavit to correct a minor error including an affidavit to correct:

   1. (a) a date of trust that is:

      1. (i) incorrect; or
      2. (ii) omitted;

   2. (b) an error between the name of a grantor and the name of the record owner where there is:

      1. (i) a misspelling of a name;
      2. (ii) a conflict with an initial; or
      3. (iii) another minor conflict;

   3. (c) an error in one of the following legal descriptions:

      1. (i) an amended subdivision was not indicated;
      2. (ii) a duplicate call in legal description;
      3. (iii) a conflict between an Arabic and a Roman numeral;
      4. (iv) a directional call, such as north, south, east, or west;
      5. (v) a bearing;
      6. (vi) a distance back to the point of beginning (POB); or

      7. (vii) subject to Subsection R255-30-501(4):

         1. (A) a lot;
         2. (B) a phase; or
         3. (C) a misspelling of a subdivision name except that it may not change the entire subdivision name;

   4. (d) a notary acknowledgement or jurat for a document that contains a minor error including:

      1. (i) an error in the notary date;
      2. (ii) a misspelling of a signer's name subject to Subsection 57-3-106(10); or
      3. (iii) a missing initial;
   5. (e) an error in section, township, or range where the remaining legal description matches the record legal description; or
   6. (f) an error in a call establishing the point of beginning where the remaining legal description matches the record legal description.

4. (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:

   1. (i) the intent is clear as to the correct legal description such as:

      1. (A) the correct lot number; and
      2. (B) the grantor did not own the lot that was described on the erroneous deed; and

      3. (ii) in addition to the requirements of Subsection R255-30-501(2), the affidavit contains:

         1. (A) the original description with the error; and
         2. (B) the correct description.
   2. (b) A county recorder shall abstract the affidavit of correction to each parcel description under Subsection R255-30-501(4)(a)(ii).

5. (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:

   1. (a) the remaining legal description matches the record legal description; and

   2. (b) the intent is clear as to the correct legal description as evidenced by the following:

      1. (i) the correct TIN was listed on the document; and
      2. (ii) the grantor only owned the land described with the correct point of beginning.

6. (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:

   1. (a) the remaining legal description matches the record legal description; and

   2. (b) the intent is clear as to the correct legal description:

      1. (i) the correct TIN was listed on the document; and
      2. (ii) the grantor only owned the land described with the correct point of beginning.

7. (7) Under Subsection 57-3-106(10), a county recorder may not accept an affidavit of correction to correct the following:

   1. (a) the name of a grantee under Subsection 57-3-106(10)(a)(i) including:

      1. (i) an error in the grantee's name including an omission of a trustee's name; or
      2. (ii) grantee tenancy;

   2. (b) the name of a grantor:

      1. (i) for an error in the grantor's name including changing from:

         1. (A) an individual to a trustee; or
         2. (B) a trustee to an individual;
      2. (ii) to change the grantor's entire name; or
      3. (iii) to add a grantor name;
   3. (c) the full name of a subdivision;
   4. (d) wrong trust listed on document; or

   5. (e) for a legal description:

      1. (i) where at least two of the following are missing or omitted:

         1. (A) section;
         2. (B) township; or
         3. (C) range;
      2. (ii) where a call to arrive at point of beginning was omitted; or
      3. (iii) where no point of beginning was established.

KEY: county recorder standards, county recorder standards board

Date of Last Change: June 8, 2026

Authorizing, and Implemented or Interpreted Law: 63C-30-101; 63C-30-202; 17-71-306; 17-71-301