Deed of Correction KRS 382.110

A deed of correction may be prepared to clear up a defect in title or to correct a mistake, such as number of acres, or source of title. A deed of correction does not convey interest in land. It is important to note that the original grantor and grantee must be the same.  One cannot add, remove or change a grantor or grantee in a deed of correction. If the deed includes any other parties it is NOT a deed of correction. The reason for the correction must be apparent.

The document requires:
•    Full names of grantor & grantee (KRS 382.135(1)(a) & 382.135(6))
•    First party (seller, grantor) and their mailing address (KRS 382.135, KRS 382.200)
•    Second party (buyer, grantee) and their mailing address (KRS 382.135, KRS 382.200)
•    Legal description (Case Law, Common Law) and OAG 81-100
•    Source of title (KRS 382.110)
•    Preparation statement (KRS 382.335)
•    Return mail address   (KRS 382.335 & KRS 382.240)
•    The grantor must sign the deed and the signatures must be acknowledged (notarized).   (KRS 382.130)  

The document must be filed in the county clerk’s office of the county where the property is located (or the greater part).  KRS 382.110.  The document must state that it is a deed of correction and must refer to the deed it is correcting. A deed of correction does not require a consideration statement if the deed corrects errors in previous deeds conveying the same property from the same grantor to the same grantee (KRS 382.135(2)(e). If the consideration has changed, a consideration certificate is required and the grantor and grantee must sign with signatures notarized.

Transfer tax is collected if the consideration amount has been changed, and then is collected on the consideration in the deed per KRS 142.050.  The tax is computed at the rate of $.50 for each $500 of value or fraction thereof.   The transfer tax applies to the value listed in the deed and is imposed upon the grantor.  KRS 142.050(7) lists the types of deeds that are exempt from this tax.  Legal description- Case Law references - 224 SW 2d 702 Craig v Bryant, 214 SW 2d 1010 Harlow Ken-Tex Corp & 169 SW 575 160 Loeb v Conley

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