Mistakes on Your Deed? How Your Tennessee Land Can Still Be Sold

A lot of landowners don’t find out their deed has a problem until they try to sell. The title company runs a search and comes back with a list of issues: a name spelled wrong, a property description that doesn’t add up, or an owner who passed away years ago and was never taken off the record.

It can feel like the sale is dead. Usually, it isn’t. Most deed errors can be fixed, and you don’t have to fix them yourself before you sell. Here’s what we see most often in Tennessee and how each one gets handled.

How Do Deed Errors Happen?

Most are decades old. Deeds were typed by hand, the same wording was copied forward for generations without a new survey, and family land was split up without good records. None of it is your fault.

Problem #1: Small Typos and Name Differences

This is the most common one. Your name is spelled one way on the deed and another way on your driver’s license, or a middle initial is missing. A lot number or street number might be off by a digit.

How it gets fixed: Usually with a simple sworn statement. Tennessee allows a scrivener’s error affidavit to correct small clerical mistakes on a recorded document, like a misspelled name or a wrong number. For a name difference, the title company may just have you sign a short affidavit at closing confirming you’re the same person. These fixes are quick and usually don’t delay the sale much.

Problem #2: The Property Description Is Wrong

The legal description is the part of the deed that says exactly where your land is. Sometimes it doesn’t match the survey, overlaps a neighbor’s land, or is missing a piece. This often happens when land was divided years ago or part of it was taken for a road.

How it gets fixed: A new survey shows where the lines really are. Then a corrected deed is recorded with the right description. A small mistake can sometimes be handled with an affidavit, but a bigger one changes what’s being conveyed, so it needs a corrective deed signed by the right people.

Problem #3: A Gap in the Chain of Title

Every owner of a piece of land should be connected on paper, one deed to the next, back many years. Sometimes there’s a missing link. A deed was never recorded, a past owner signed land away before they owned it, or a deed was signed by only one spouse when both should have signed.

How it gets fixed: If the people involved can be found, they can sign a corrective deed or quitclaim deed to fill the gap. If they can’t be found, or more than one person claims the land, the fix is a court case called a quiet title action. In Tennessee, these are filed in Chancery Court and usually take several months.

Problem #4: An Owner Died and the Records Were Never Updated

This one is very common with family land. Grandpa passed away 15 years ago, but the deed is still in his name. Or the land went to several children, but nothing was ever filed.

How it gets fixed: It depends on whether there was a will, a trust, or neither. Sometimes it takes probate. Sometimes heirs can sign affidavits and deeds. We cover this in more detail in our articles on Selling Inherited Land in Tennessee: What You Need to Know and Land in a Trust: Who Signs and What to Expect When You Sell in Tennessee.

How Long Does It Take?

It depends on the problem:

• Typos and name differences: Usually fixed at closing, with little or no delay.
• Description problems: Often a few weeks, depending on how quickly a surveyor can get out to the land.
• Missing links or competing claims: Several months if a quiet title case is needed.

We’ll tell you up front which situation you’re in, what needs fixing, how long it should take, and who pays for what. No surprises later.

What Do You Have to Do?

Not much. You don’t need to hire a lawyer or order a survey before you call us. Your part is usually a phone call, verifying your ID with the title company, signing any affidavits or closing papers with a mobile notary, and choosing how you want to be paid. Our team works with the title company and, when needed, a Tennessee real estate attorney on the rest.

Watch Out for These Red Flags

Be careful with a buyer who:

• Brushes off the title problem, then cuts the price weeks later with no real explanation.
• Wants to skip title insurance. That can leave you exposed to problems later.

For more on spotting dishonest buyers, read our guide from a retired law enforcement officer: How to Protect Your Land From Scams: A Retired Law Enforcement Officer’s Guide for Tennessee Landowners

This article is general information, not legal advice. For your specific situation, talk with a Tennessee real estate attorney.

About Copco Properties

Copco Properties is Owned and Operated by a Retired Law Enforcement Officer and a Military Veteran. In law enforcement, when someone called with a problem, the job was to show up, listen, get the facts, and help solve it. We bring that same approach to land. Back taxes, inherited property, title problems, no road access: these are the situations we work through every day. Brent, our military veteran, served at Fort Campbell and brings the same commitment to doing the job right and seeing it through.

• No commissions and no hidden fees.
• Every sale closes at a reputable title company.
• We’re up front about everything, and we’ll explain every number and every step in plain English.
• No pressure. Take all the time you need.

If your Tennessee land has a deed or title problem, call us at 615-610-3303 or fill out the short form on our website. Title problems are something we work through every day, and we’re happy to take a look.