What is the difference between patent and latent ambiguity?

Patent ambiguity refers to a situation where the ambiguity is apparent on the face of the document or instrument, meaning that there is an obvious contradiction or confusion in the language that can be discerned easily. This type of ambiguity arises when the words used are clear but lead to differing interpretations due to their context or the way they are arranged. It is something that can be recognized and challenged immediately upon reading the document.

In contrast, latent ambiguity occurs when the language of the document seems clear at first but leads to different interpretations when applied to specific facts or external circumstances. This ambiguity is not visible within the text itself and requires additional information or context to uncover the uncertainty.

Understanding this difference is crucial for interpreting legal documents, such as contracts or conveyances in land surveying, where clarity can greatly impact the rights and responsibilities of the parties involved. Being able to identify patent ambiguity allows professionals to address issues promptly, whereas latent ambiguity may require further analysis and investigation to resolve.