Legal descriptions are created by a professional surveyor.  Whether it is a platted property or a metes-and-bounds property, the legal description describes how to locate the property on the ground. From iron rods, pins, and monuments the description uses such items to discern the boundaries of the property. There, however, can be mistakes in the written legal descriptions, from typographical issues with the direction or distance to issues with measurements between past and current surveyors.  In other situations, legal descriptions may use a different point of beginning for multiple tracts, which may cause confusion between property owners’ legal descriptions without the use of a professional surveyor to identify the actual boundaries.

ĐÇżŐ´«Ă˝ ĐÇżŐ´«Ă˝â€™s claims department sees several cases involving legal descriptions. Below are a few common issues:

• the legal description is not included with the recorded deed, mortgage, or deed of trust;
• the legal description is incomplete;
• the legal description has typographical errors;
• the legal description references an incorrect subdivision or references an erroneous plat book or page; or
• ownership of property is being challenged due to a gap in the property or an overlap of the property’s legal description with that of a neighboring property owner.

A missing or erroneous legal description can result in title claims such as intervening conveyances and liens, lack of actual conveyance of the property, and challenges from another party who believes they may have better title. Legal description issues can be time-consuming and may be challenging to cure.

If your state has statutes for correction affidavit usage, such statutes may only be applicable when certain requirements are met. If the situation is not covered or the requirements are not met under the statute, then a correction affidavit most likely is not available. In such cases, a corrective instrument may be required from a party, or litigation may be necessary to resolve the legal description issue.

Attention to detail can significantly reduce the occurrence of legal description issues. Here are a few tips:

• Purchase Contract and Addendums. When parties change the purchase contract’s legal description, remember to incorporate the changes into the real estate closing platform to ensure that when it is time to print documents, the documents properly reflect the accurate legal description.
  • For example, the parties may have originally contracted for Lots 1, 2 and 3, Main Plat. Subsequently, through an addendum, the contract now only dealing with Lots 1 and 3, Main Plat. Make sure the documents reflect only Lots 1 and 3, Main Plat.  
• Who else should know of changes? Let your team and any third-party vendor know of any changes made to the legal description and request that the title products be revised, and new title products issued to reflect the change. Then, distribute the revised title products to the proper parties.
  • Also let the lender know of any legal description changes as soon as you learn of them. Lenders may use this information to obtain an appraisal of the property and determine its value as part of the lender’s underwriting review.
  • In some cases, the lender may prepare the deed of trust or mortgage and may include a legal description into the instrument.  Review the instrument prior to the closing for accuracy of the legal description. If the legal description is inaccurately reflected, contact the lender immediately to discuss.
• Review and ask questions. When a survey is purchased or a prior survey showing the property’s legal description is being reviewed, review that survey for any differences shown in the seller’s vesting deed (and those in the chain) against what has been prepared for the conveyance of title. If there are differences, ask questions and review them with the surveyor and the parties to clear up any discrepancies.  Also, document your file to indicate how the parties addressed and resolved the situation. 
• The parties. Review all documents prior to the closing to ensure they accurately reflect the legal description the seller intends to convey, and the buyer intends to purchase. Also, review and compare any legal description changes that the parties agreed to in the contract or purchase contract addendum.
• Recording. When sending the instrument to the county recorder’s office, remember to include the correct legal description with the instrument.
• Policies. When a final title policy is issued, review to make sure the correct legal description is included in Schedule A before sending it to the recipient.

As a reminder, take a moment to thoroughly review the property’s legal description to ensure the legal description included is what is intended by the parties to be conveyed.  This will significantly reduce potential errors that could lead to claims. If you have questions, please feel free to reach out to ĐÇżŐ´«Ă˝ ĐÇżŐ´«Ă˝.

Resources:

Colorado Revised Statutes Title 38, Sec. 38-51-111 (Surveyor’s affidavit of correction) –  

Florida Statutes, Title XL, Sec. 689.041 –

Texas Property Code, Title 2 – Conveyances, Chapter 5 – Conveyances, Sec. 5.027-5.031

This blog contains general information only, not intended to be relied upon as, nor a substitute for, specific professional advice. We accept no responsibility for loss occasioned to any person acting on or refraining from action as a result of any material on this blog.

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By Adam Mohrbacher

For most homeowners, a deed represents safety, stability, and legacy. Deed fraud turns that certainty upside down. With just a handful of fraudulent filings, criminals can trigger months—sometimes years—of financial and legal turmoil for unsuspecting owners. This crime is growing rapidly and poses a serious threat to the real estate and title industries, often leaving lasting damage in its wake. “Deed fraud is a very real threat,” said Rodney Anderson, EVP and ĐÇżŐ´«Ă˝ Agency Manager at ĐÇżŐ´«Ă˝ ĐÇżŐ´«Ă˝. “It’s about someone’s home, their family’s legacy, and sometimes their entire life’s savings. That’s why the legislation recently passed by the Texas Legislature—shaped with critical input from organizations like the Texas Land Title Association (TLTA)—is so important.”

Anderson is referring in part to Senate Bill 16 (SB 16), which significantly strengthens prosecutors’ ability to pursue deed fraud cases. SB 16 is a cornerstone of a broader legislative package designed to attack deed fraud from multiple angles. Led by State Senator Royce West, the effort positions Texas as a national leader in confronting this urgent and complex issue. “Together, these bills create the strongest state-level protections against deed fraud and title theft anywhere in the country,” Senator West said upon their signing.

An Easy Crime with Devastating Consequences

Legislative action was necessary because deed fraud is not only destructive. It is also often disturbingly easy to commit. One scheme fraudsters use involves falsified documents transferring ownership into their name or an entity they control. They frequently target raw land, vacant properties, and deceased or elderly property owners. Once the fraudulent conveyance is recorded, they “sell” the property, disappearing long before the real owner realizes the damage that has been done.

This scheme and others like it succeed by exploiting weaknesses in document notarization and recording processes, as well as challenges within the legal system. While Texas law already required notaries to verify signatures, inconsistent compliance and limited accountability left openings for fraud and abuse. County clerks, meanwhile, are tasked with processing documents efficiently, not investigating their authenticity. In many cases, victims don’t discover fraud until they try to legitimately sell or refinance their property. And even then, the ordeal is far from over. “The cleanup process can be brutal,” Anderson explained. “Proving a deed is fraudulent usually requires formal legal action, and that process is expensive and time-consuming.”

Historically, prosecutors have been hesitant to pursue these cases criminally, not due to lack of concern, but like most states, Texas lacked statutes tailored specifically to deed fraud. Prosecutors were forced to rely on general theft statutes, attempting to fit complex title crimes into legal arguments that simply weren’t designed for this kind of crime.

A Comprehensive Legislative Response

The Texas Legislature addressed these gaps with a four-bill package that reforms the system holistically. The measures strengthen prevention, improve detection, empower victims, and equip prosecutors with felony statutes that reflect deed fraud’s complex reality.

Key provisions include:

• Senate Bill 16

Creates two new criminal offenses specifically addressing real property theft and real property fraud, giving prosecutors statutes that align with how deed fraud schemes operate. “These laws send a clear message that Texas is serious about detecting, prosecuting, and deterring deed fraud,” said Anderson. “They won’t stop every bad actor, but they make fraud harder to commit, easier to detect, and faster to unwind without overburdening legitimate transactions.”

• Senate Bill 647

Requires county clerks to notify the grantor, grantee, and most recent property owner if a lien appears fraudulent. It also allows clerks to request supporting documentation, seek district attorney assistance, and refuse filing if certain documentation is not provided.

• Senate Bill 693

Targets notary reform by criminalizing notarization without a signer’s presence and establishing continuing education requirements through the Secretary of State. The goal is to raise professional standards and accountability among notaries.

• Senate Bill 1734

Allows property owners who believe a recorded conveyance is fraudulent to file an owner’s affidavit. If no controverting affidavit is filed, the owner may petition for district court for an expedited review.

The Power of Collaboration

This legislative success underscores the power of collaboration. It was made possible by lawmakers, regulators, law enforcement, county officials, and industry leaders working toward a shared goal. Senator West led the charge, with key contributions from State Representative Rafael Anchia in the Texas House. Coordination with the County Clerk’s Association, the Dallas District Attorney’s office, and John Warren, the Dallas County Clerk, was critical along with input from the Texas Land Title Association. “TLTA’s advocacy on this issue demonstrated exactly why all Texas title agents should be a member of the association,” said Anderson, a former legislator, past TLTA president and current committee chair. “TLTA Vice President of Government Relations and Counsel, Aaron Day, led the advocacy efforts with substantial input from both the Regulatory and Legislative Committees, and with approval from the TLTA Board of Directors.”

A Model for the Nation

The Texas deed fraud package represents a meaningful victory for property owners and the real estate industry alike. It strengthens notary standards, supports county clerks, empowers victims, and gives prosecutors the tools they need to pursue justice. Just as importantly, it offers a roadmap that other states can follow. “This legislation should be used as a model throughout the country,” Anderson said. “Land title associations can partner with lawmakers, prosecutors, and public officials to reduce deed fraud. No law is perfect, but if collaboration leads to legislation that protects families—or helps owners reclaim property faster—then it’s absolutely worth the effort.”

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