In short: It did in this case. In Elsberry v. Carpenter, the Hillsborough trial court treated a recorded 2006 “corrective” quitclaim deed as relating back to the original 1996 deed, which made a 2004 easement good even though the grantor did not own the easement land when he signed it. The later owners argued that a gift deed cannot be reformed for a one-sided mistake. The Second District affirmed without a written opinion on July 12, 2024.
The Facts
The dispute turned on three recorded documents. In 1996 Bruce Clark’s parents gave him land by quitclaim deed, for love and affection. In 2004 Clark granted Charles Carpenter an easement. In 2006 Clark’s surviving parent signed another quitclaim deed to Clark, labeled a corrective deed, that added land. According to the argument, the trial court found that when the 2004 easement was signed and recorded, Clark did not yet own the land the easement described, because that land was not in the 1996 deed.
Lawrence and Dawn Elsberry later acquired the property and sued to declare that they owned the land free of the easement. Both sides moved for summary judgment. The trial court ruled for Carpenter, treating the 2006 corrective deed as relating back to 1996 so the easement was good. Carpenter died while the appeal was pending, and the personal representative of his estate was substituted.
No written opinion explains the result, so the points below are what the lawyers argued at the February 27, 2024 oral argument.
- The Elsberrys argued that equity will not reform a deed given as a gift, because a gift involves no bargain and any mistake is one-sided. They relied on the Florida Supreme Court’s decision in Providence Square Association v. Biancardi and said the 2006 quitclaim deed was a new conveyance effective only in 2006.
- They also argued the Carpenters had constructive notice from the public records that Clark did not own the easement land in 2004.
- Carpenter’s estate argued a corrective deed is different from a reformation suit: once recorded, it relates back and reads together with the original deed. It said Golden v. Hayes, which the trial court found directly on point, went unanswered in the Elsberrys’ briefs, and that there was no transcript of the summary judgment hearing.
- From the bench, the panel asked whether, if this was a correction rather than a reformation, the Elsberrys lose anyway because the corrective deed was recorded years before they bought.
The Decision
The Second District affirmed in a per curiam opinion on July 12, 2024. The same day it denied the estate’s motion for appellate attorney’s fees. The Elsberrys moved for reconsideration or, in the alternative, a written opinion; the court denied that motion on October 17, 2024, and the mandate issued November 6, 2024.
Before deciding, the court had to deal with a jurisdiction problem raised at the start of oral argument: a motion for rehearing was still pending in the trial court, which made the notice of appeal premature. The court let the argument go forward and ordered a status report; the Elsberrys withdrew the trial-court motion on May 6, 2024.
Because there is no opinion, the affirmance does not say whether the court relied on the corrective-deed rule, the record, or something else. The judgment for the easement holder stands.
The Law
Reformation is an equitable remedy that rewrites a document to match what the parties actually agreed. It usually requires a mutual mistake or a mistake by one side plus fraud or inequitable conduct by the other. When a deed is a pure gift, there is no bargain to restore, which is why Florida courts have refused to reform gratuitous deeds for a grantor’s unilateral mistake.
A corrective deed is different in form: the parties themselves sign and record a new instrument to fix an error in the first one. The estate argued, and the trial court accepted, that a recorded corrective deed relates back to the original conveyance.
Recording matters to everyone downstream. Under section 695.01, a conveyance is not good against later purchasers for value and without notice unless it is recorded. Here the 2004 easement and the 2006 corrective deed were both of record before the Elsberrys bought, which the panel flagged at argument.
Summary judgment in Florida is governed by rule 1.510. When both sides move for summary judgment, each is still saying there is no genuine factual dispute, and an appellate court reviews the ruling on the record the trial court had.
Lessons
- Before you buy, read every recorded instrument in the chain, including easements and any deed labeled “corrective.” A corrective deed recorded before your purchase can change what you are buying.
- If a legal description is wrong, fix it promptly with a corrective deed signed by the right parties. Waiting years invites a lawsuit.
- Gift deeds raise special problems. A grantor’s own mistake in a gift deed is hard to undo through a reformation suit.
- Order a transcript of any hearing you may want to appeal, including a summary judgment hearing.
- A motion for rehearing pending in the trial court delays the appellate court’s jurisdiction. Resolve or withdraw it before relying on the appeal.
Source: Elsberry v. Moore, as personal representative of the Estate of Charles Carpenter, No. 2D2022-2429 (Fla. 2d DCA July 12, 2024) (per curiam affirmance); ACIS docket.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
📜 Can You Reform a Gift Deed? — Property Dispute Over Three Documents From 1996 to 2006 | Ellbers
⚖️ Easement Over Land the Grantor Didn't Own — Can a Gift Deed Be Reformed? | 22-2429 | FL DCA
Read the Law on FloridaRules.net
The statutes and court rules discussed in this article, free to read on FloridaRules.net:
Go Deeper
- Who Gets the House? A Disputed Family Deed and the Recording Act (Cutlip v. Dorsey)
- An Unrecorded Easement, a Seller Who Sat on the Buyer's Board (Lauramar v. Mel Fisher)
- Easement Disputes in Florida: Utility, Access, and Prescriptive Easements
Frequently Asked Questions
Can you reform a gift deed in Florida?
It is difficult. Florida courts generally will not reform a deed given purely as a gift on the ground of the grantor’s own one-sided mistake, because there was no bargain between the parties. That was the core of the Elsberrys’ argument, but the trial court decided the case on the effect of a corrective deed instead.
What is a corrective deed in Florida?
A corrective deed is a new deed the parties sign and record to fix an error, such as a wrong legal description, in an earlier deed. In Elsberry v. Carpenter, the trial court treated a 2006 corrective quitclaim deed as relating back to the original 1996 deed, and the Second District affirmed.
Is an easement valid if the grantor didn't own the land yet?
A person can only convey what he owns, so an easement over land the grantor did not own is open to attack. In this case, the later corrective deed brought the land into the grantor’s title and the easement was upheld. The affirmance has no opinion, so it does not set a general rule.
Does a recorded easement bind a later buyer?
Yes, in general. A recorded easement gives constructive notice to later purchasers under Florida’s recording statute, section 695.01. Buyers are charged with knowing what is in the public records, including corrective deeds.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
