Recording Acts

Question 1

Common law recording rule

Answer 1

First in time, first in right

Question 2

Notice acts

Answer 2

Protects subsequent bona fide purchasers for value who take without notice of the earlier transaction

Key words: “without notice” (and does not mention recording first)

Question 3

Race-notice acts

Answer 3

Protects subsequent bona fide purchasers who take without notice and are first to record

Key words: “without notice,” “first recorded”

*MI is race notice state

Question 4

Pure race acts

Answer 4

Protects subsequent purchasers who are first to record

Question 5

Who is protected under recording act

Answer 5

Subsequent purchasers for value without notice who records first (in race-notice states)

Question 6

Actual notice

Answer 6

grantee has actual knowledge of another’s interest

Question 7

Inquiry notice

Answer 7

if grantee would have examined the land, he would have realized that someone else had an interest in the land

Question 8

Record notice

Answer 8

interest is recorded in the chain of title

Question 9

Wild deeds

Answer 9

deeds that are recorded too early or too late

Question 10

Shelter rule exception

Answer 10

Allows traditional grantees who are not protected by the recording act to prevail