Florida Deed Reformation
What is Deed Reformation?
A Deed Reformation is when a party (or parties) requests the court to correct a written deed, which is alleged to incorrectly state the deal between the parties, and, at least according to one of the parties, the error was mutual. The court’s role is not rewriting the instrument or conjuring up a new agreement, but from the evidence, determining the intent of the parties as to the correct language.
Reformation only corrects the defective writing so as to accurately reflect true terms actually agreed to by parties. Reformation does not seek to interpret what the language in the document states. As with any other equitable remedy, reformation requires that there be no adequate remedy at law.
When is a Deed Reformation Appropriate?
Deed reformation is most often used to correct errors on a deed such as typographical errors, corrections to a party’s name, correction to the legal description of a property, or correction to the parcel number of a property. Deed reformations for more serious errors, such as including land that was erroneously omitted, is also possible.
What are the Grounds for Deed Reformation?
The grounds for a deed reformation generally require proof of a mutual mistake (where both parties erred in the drafting of the deed), fraud, accident, illegality, or unjust enrichment.
What is the Statute of Limitations on Deed Reformation in Florida?
Under Florida law, F.S. §95.231(2), reformation of a deed must be brought within 20 years. However, if the mutual mistake is based on fraud, F.S. §95.11(3)(j) requires the action to be brought within four years.
What are the Requirements for a Deed Reformation Claim in Florida?
The legal standard for reformation of a deed requires:
1) a written deed;
2) a mutual mistake, fraud, or misrepresentation by a party and a mistake by the other party;
3)proof by clear and convincing evidence.
What are the Grounds for Deed Reformation?
The grounds for a deed reformation generally require proof of a mutual mistake (where both parties erred in the drafting of the deed), fraud, accident, illegality, or unjust enrichment.
How is Deed Reformation Initiated?
A Complaint is filed raising the cause of action for deed reformation. This Complaint should set forth the facts of the making of the written agreement, the language of the agreement, the language that was actually intended by the parties, the mutual mistake, and the matter in which the parties’ performance of the written agreement will be affected due to the mutual mistake.
Florida has long recognized the use of parol evidence to establish a mutual mistake. Parol evidence is extrinsic evidence from outside the language of the written agreement which discloses an ambiguity and clarifies or adds to the terms of the written agreement
Are Deed Reformation and Quiet Title the same thing?
No. Deed reformation intends to correct a deed to express the true intent of the parties involved. Quiet title intends to clarify and/or confirm ownership of a parcel of property.
Contact a Deed Attorney for a Free Consultation
PTM Trust and Estate Law is happy to answer your questions about deed reformation. Please call 352-554-5576 or contact us online to schedule a free consultation. If you do not live near Gainesville, then we will be happy to schedule a free phone meeting instead. We help clients all throughout the state of Florida.