Legal Definitions - interlineation

An interlineation refers to the act of adding new words or phrases directly into the existing space between the lines of a previously drafted legal document. This insertion is typically done to clarify an existing provision, correct an oversight, or include a detail that was initially omitted. When an interlineation is made, it legally alters the document, and for it to be valid, all parties involved usually initial the change, or the entire document is retyped to incorporate the new text before being signed again.

Here are a few examples to illustrate this concept:

• Real Estate Lease: Imagine a landlord and a tenant have printed out a lease agreement for an apartment. Before signing, they realize that a crucial detail about the tenant's ability to paint the walls was left out. To avoid reprinting the entire lengthy document, they might write in a sentence between two existing lines in the "Maintenance and Alterations" section, stating, "Tenant may paint walls with landlord's prior written consent." Both the landlord and tenant would then initial next to this handwritten addition to acknowledge and agree to the change, making it an official part of the lease.

• Last Will and Testament: A person has prepared their will, but after printing it, they remember a specific antique watch they wish to leave to a particular grandchild, which was not mentioned. Instead of drafting a whole new will or a separate amendment (a codicil), they might write in the margin or between lines of the relevant section, "I bequeath my grandfather's gold pocket watch to my granddaughter, Sarah Miller." For this interlineation to be legally effective, the testator (the person making the will) and the witnesses present at the signing would typically initial the change, confirming it was made before the will was finalized.

• Business Contract: Two companies are finalizing a service agreement for a consulting project. They have a printed draft, but during their final review, they realize a specific deliverable, "a detailed market analysis report," was accidentally omitted from the scope of work section. To ensure clarity and avoid future disputes, they might handwrite this phrase into the document between the lines describing other deliverables. Representatives from both companies would then initial the insertion, signifying their mutual agreement to include this new term in the binding contract.