To Amend The Law Concerning Scrivener's Affidavits; And To Allow A Licensed Engineer, Surveyor, Or Notary Public To Execute And Record A Scrivener's Affidavit In Certain Circumstances.
HB1479 amends Arkansas law governing scrivener’s affidavits, which are used to correct certain errors in recorded real-estate documents without having to re-execute the original instrument. The bill expands the list of people who may execute and record a scrivener’s affidavit in limited circumstances. In addition to the persons already authorized under existing law, the bill allows a licensed engineer or surveyor who prepared the original survey, plat, replat, lot split, boundary line adjustment, or other title-related instrument to sign the affidavit, and it also allows a notary public who witnessed the original execution and notarized the instrument to do so when the original acknowledgment contains an error.
The practical effect is to make it easier to correct clerical or acknowledgment mistakes in land records affecting title to real property. This should help property owners, title companies, surveyors, engineers, lenders, and closing professionals resolve documentation errors more efficiently and reduce delays in recording or clearing title issues. The bill does not appear to change substantive property rights; rather, it broadens who may certify corrections for certain recorded instruments.
The overall sentiment reflected in the voting history is strongly favorable and noncontroversial. The bill passed the House and Senate with unanimous or near-unanimous support, including 93-0 in the House, 34-0 in the Senate, and unanimous concurrence on two Senate amendments. No committee opposition or recorded debate is provided in the materials, which suggests broad agreement that the change is a technical, administrative improvement to real-estate recording procedures.
There is little visible contention in the available record. Any potential concern would likely center on whether expanding authority to execute scrivener’s affidavits could increase the risk of improper corrections or disputes over title documentation. However, the bill limits the new authority to professionals directly involved in preparing or witnessing the original instrument, which appears designed to address those concerns while preserving the integrity of land records.
HB1479 amends Arkansas Code § 18-12-108(b) to expand the categories of individuals authorized to execute and record a scrivener’s affidavit. The change affects real-property recording and title-correction procedures by adding licensed engineers and surveyors who prepared the original survey-related instrument, and notaries public who witnessed and acknowledged the original instrument but later discover an error in that acknowledgment. The bill is likely to streamline correction of clerical errors in deeds, plats, surveys, and related title documents, with direct effects on property owners, title insurers, surveyors, engineers, notaries, and recording offices.
The bill appears to have been received positively and as a technical fix rather than a controversial policy change. Voting was unanimous or overwhelmingly supportive in both chambers, and the concurrence votes on Senate amendments were also unanimous. The available record shows no committee opposition or substantive debate, indicating broad bipartisan agreement.
No major contention is evident in the provided materials. The only plausible point of concern is the expansion of who may correct recorded instruments, which could raise questions about accuracy, authority, or title integrity if used too broadly. The bill addresses that by limiting the new authority to licensed engineers or surveyors who prepared the original instrument and to notaries who personally witnessed and acknowledged the original execution.