CONFIRMATORY DEEDS

Confirmatory deed is a type of deed, which is used to correct certain defects in record title. It is important to know that the purpose of a confirmatory deed is not to give or create a new title but simply to "perfect the evidence of a title created long before". "A deed stating that it is given to replace a certain deed of the same tenor is merely confirmatory, and does not pass a title to a part of land which one of the grantors has acquired after the execution of the lost deed and before the execution of the confirmatory one".

Confirmatory deeds may be used to correct the deeds to the present titleholders as well as prior defects in record title. See Bon v. Graves, 104 N.E. 2d 1023 (1914), which held that a "confirmatory deed, properly sealed and declaring that an earlier deed between the same parties was also sealed, obviated the defect in the title arising from lack of seal on the earlier deed".

When a confirmatory deed is used to correct a title defect in the deed to the original grantee, who had already conveyed the property to third parties, the confirmatory deed should run to the original grantee "and to those persons claiming by, through or under him by instruments of record". It should be dated "as of" the date of the original conveyance, contain a reference to the deed being confirmed and a statement that it is given to confirm the earlier deed.