Recording Acts

Question 1

types of recording acts

pure notice statute.

Answer 1

Under a pure notice statute, a subsequent purchaser of land (in our example, Bowie) will be protected from the claim of a prior grantee (in our example, Jagger) if the subsequent purchaser acquires the land (1) for value, (2) in good faith, and (3) without notice of the prior title claim.

Question 2

types of recording acts

pure notice statute.

Answer 2

• notice that recording acts generally work a statutory estoppel against persons who fail to record their title claims.
• Jagger would have held superior title under the first-in-time principle. But an estoppel is justified here, because Jagger’s failure to record created the misimpression that Richards still owned Stoneacre.

Question 3

types of recording acts

race-notice statute

Answer 3

Under a race-notice statute, a subsequent purchaser of land will be protected from the claim of a prior grantee if the subsequent purchaser acquires the land (1) for value, (2) in good faith, (3) without notice of the prior claim, and (4) the subsequent purchaser also records his/her deed before the prior claim is recorded.

Question 4

types of recording acts

pure race statute

Answer 4

The third type of recording act, only used in two states, is a pure race statute. Under a pure race statute, a subsequent purchaser of land will be protected from the claim of a prior grantee if the subsequent purchaser (1) acquires the land for value, and (2) records his/her deed before the prior claim is recorded.

Jagger/Bowie hypo:
Under a pure race statute, Bowie cannot claim the benefit of the recording act until he records, and he has not yet done so.

Accordingly, Jagger still has a superior claim of title under the first-in-time principle.

Question 5

NOTE:

Classifying Recording Acts–The Arkansas Statute

Students most frequently err in interpreting a recording statute when they apply the statute to the wrong party.

Answer 5

NOTE:

Classifying Recording Acts–The Arkansas Statute

Students most frequently err in interpreting a recording statute when they apply the statute to the wrong party.

Question 6

To purchase in “good faith,” Bowie must…

Answer 6

…act without actual or constructive notice of Jagger’s claim.

[If Jagger had recorded his deed before Bowie’s purchase, Jagger’s recording would have placed Bowie on constructive notice of Jagger’s claim – and that would have prevented Bowie from qualifying for the protection of the statute.]

The “good faith” language thus incorporates a “notice” requirement.

Question 7

First in time- first in right doctrine

Answer 7

when either party records: who ever had it first wins.