Common curative requirements

General information only. This guide explains common practice in plain terms. It is not legal advice, and practice varies by state, county and attorney. Ask the examining attorney how they want something done.

What curative means

When an attorney reviews title, the opinion often lists requirements: things that should be done before the attorney is comfortable with the title as written. Curative is the work of meeting those requirements. The list below covers items that show up often. Whether a particular fix is enough is for the examining attorney to say.

Missing probate or heirship

An owner died and nothing of record shows who inherited. The usual fix is a probate in the right court, a court heirship proceeding, or, where the law allows, a recorded affidavit of heirship.

Name variance

The name is spelled or written differently from one instrument to the next. Often fixed with an affidavit of identity from someone who knows both names belong to the same person.

Legal description problem

A typo in the section, township or range, or a description that does not match the land. Fixed with a corrective instrument or an affidavit of correction, depending on the problem.

Unreleased mortgage or lien

A mortgage appears of record with no release. The fix is a recorded release from the lender, or proof that it was paid.

Lease with no release

An old lease appears to have ended, but no release is of record. A release from the lessee, or an affidavit of non-production, is the usual fix.

Defective acknowledgment

A deed or lease was signed but the notary section is missing or incomplete. A new acknowledgment or a re-signed instrument is typical.

Missing signature or joinder

Someone who should have signed did not, such as a co-owner or, where state law requires it, a spouse. The fix is a ratification or a new signed instrument.

Unclear reservation or grant

Wording such as "one-half of the minerals" can be read more than one way when earlier reservations are involved. A stipulation of interest signed by the parties can settle it.

Entity authority

A company, trust or estate signed, and the record does not show who had authority. A certificate of authority, trust certificate or similar document may be needed.

Name change or merger of a company

A company in the chain changed its name or merged. Certified copies of the filing from the state office, recorded in the county, tie the names together.

Minor or incapacitated owner

An owner could not sign for themselves. Court approval or a guardian's signature may be needed.

Unrecorded instrument

A deed or lease exists but was never recorded. The fix is to record it, after the attorney confirms it is the right document.

Unit or pooling ratification

An owner has not agreed to the unit. A ratification or a lease with pooling authority resolves it.

How we track them

Each requirement goes on a tracker with the instrument needed, who signs, the status and the recording information when it closes. See the sample curative tracker and the curative service.

Hard files are our specialty

The items above are the usual ones. We also work the unusual ones: a break in the chain, a missing probate that goes back decades, or an old mortgage with no release. Software helps us find every place in the chain where a name or description changes, and a person works each item through to a recorded instrument.

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Next: Affidavit of heirship. Or go back to all resources.