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Lot Description Has ‘Scrivener’s Error’

Although the scrivener’s error exception is to be narrowly construed in allowing any changes to language in a contract or other document, on this record, the Roanoke County Circuit Court will apply the exception to a deed of trust to correct the Lot Number of a parcel from “Lot 1” to “Lot 15.”

A scrivener’s error is a clerical error in the writing of the document which can be proven without parol evidence. These errors are singular and are not ongoing through the document.

In this case, the credit line deed of trust purportedly conveying property owned by Paul and Kimberly Robertson to Wooten P. Hunter, Trustee of First Citizen’s Bank & Trust, described the lot to be conveyed as “Lot 1” and recorded the tax parcel identification numbers as “87-17-4-7.” In reality, the only lot Paul and Kimberly Robertson owned at the time was Lot 15, with tax parcel identification number “87.17-5-17.” The credit line deed of trust correctly described the address of the property owned by Paul and Kimberly Robertson to be 6111 Barn Owl Circle, Roanoke, Virginia 24018.

It is clear to the court, by looking at the address listed in the credit line deed of trust itself and the similarity between the current Lot number and the alleged correct Lot number, that the Lot number was incorrectly written. The court finds that error to be a scrivener’s error within the definition of the term and will allow “Lot 1” to be changed to “Lot 15” in the deed of trust.

Also, due to the similarities between the current and the alleged tax parcel number and the existence of the value address, the court finds the tax identification number is also a scrivener’s error and will allow that number to be changed to “87.17-5-17.”

First Citizens Bank & Trust Co. v. Robertson (Doherty) No. CL 12-1429, Feb. 19, 2013; Roanoke County Cir.Ct.; Jonnie L. Speight, Fielding L. Logan, Paul M. Robertson Jr. for the parties. VLW 013-8-018, 2 pp.

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