What is Scriveners’ Error?

14 Oct What is Scriveners’ Error?

A scriveners’ error is a term long used in the law to minimize the impact of a drafting mistake. The concept is that the scrivener – a person performing the ministerial function of transcribing text – simply gets it wrong and misspells a word, leaves something out, or puts something in that shouldn’t be there.

This type of error sometimes excuses mistakes. An example is in real estate titles where, at least here in Massachusetts, a title is not defective if it contains certain minor errors (such as minor errors in area or in distances of bounds or the omission of one bound or incorrect compass points in a description, especially if the correct lot number and plan reference or reference to title are included in the description).

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