Recording Acts Flashcards
Common law recording rule
first in time, first in right
- common law rule applies unless recording act changes the result
Notice act
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)
Race-notice act
protects subsequent bona fide purchasers for value who take without notice and are first to record
- key words: “without notice” and “first recorded”
*MI has this
Pure race act
protects subsequent purchasers who are first to record
Actual notice
grantee has actual knowledge of another’s interest
Inquiry notice
if grantee would have examined the land, he would have realized that someone else had an interest in the land
Record notice
interest is recorded in the chain of title
Wild deeds
deeds that are recorded too early to too late
- do not give notice
Shelter rule exception
allows traditional grantees who are not protected by the recording act to prevail