Idem Sonans | Propertylogy

Idem Sonans

By on August 4, 2018

The legal doctrine of Idem Sonans rules that the accuracy of spelling names in a deed is not absolutely necessary as long as it sounds the same and that there is no intention to deceive.

There are a lot of names used by people that sound the same, but spelled differently.

For example:

  • Jon and John
  • Jessie and Jessy
  • Sissy and Cissy
  • etc

Typo and honest spelling mistakes can happen of especially when third parties like real estate agents and lawyers help buyers and seller draft contracts.

Should the idem sonans rule be absent, these errors would create chaos in deeds and titles.

Title insurance companies would be having a field day.

What if someone with a legal name matching completely with the misspelled name on the deed comes forward and claims ownership to the property?

What if there are challenges made on on ownership when the owner had legitimately bought a house outright?

There are many more similar types of problems that can arise.

Idem sonans plays a critical role in keeping everything in check.

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