Real Property – Reformation of Deed 

Posted: 1:00 am Mon, March 22, 2010
By admin
Tags: Real Property

Where, on June 10, 1980, parents conveyed lakeside property by warranty deed to their son for $1; on June 18, 1980, parents executed a lease agreement leasing the same property for 50 years to their seven other children and executed a quitclaim deed conveying their interest in the property to their son for $1; and for 27 years after these three instruments were executed, the leasehold siblings regularly rented the property; we conclude that the District Court’s finding of mutual mistake is not clearly erroneous and that the court did not abuse its discretion by reforming the warranty deed to conform to the parents’ intentions to convey their property to son subject to their other children’s right to use the land under a 50-year lease.

Affirmed.