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Real Property – Deed Reformation – Gift Deed – Unilateral Mistake – Reformation Unavailable
Willis v. Willis Even if the grantor received no consideration for the deed, her unilateral mistake does not entitle her to reformation of the deed.
Real Property – Deed Reformation – Civil Practice – Statute of Limitations
Morgan v. Cadieu Plaintiff’s Aug. 31, 1999 deed to the defendant-buyers mistakenly conveyed all of his 6.95-acre tract on Remount Road in Mecklenburg County when all parties intended for plaintiff to retain a parcel on which billboards had been erected. At plaintiff’s request, both his attorney and his real estate agent reviewed the deed before plaintiff signed it, and plaintiff recei[...]
Real Property – Deed Reformation – Scrivener’s Error – Deed of Trust – Priority
S.T. Wooten Corp. v. Front Street Construction, LLC After the defendant-bank’s deed of trust on the defendant-owner’s property was recorded, and after the plaintiff-subcontractor performed work on the property, the owner and grantor recorded a new deed to correct a scrivener’s error that had incorrectly conveyed only a one-half interest to the owner when both parties intended that a[...]
Trusts & Estates – Deed Reformation – Unilateral Mistake – Intent
Willis v. Willis. A general warranty deed cannot be reformed on the basis of unilateral mistake since the plaintiff failed to prove that the deed did not represent the original intent of the parties at the time it was signed.
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