Recording Statutes

Question 1

no conveyance of land etc shall be valid to pass any property interest against lien creditors or purchasers for a valuable consideration from the donor eetc, but from the time of the registration thereof in the county where the land lies…

Answer 1

race stat

person who records first prevails

Question 2

no conveyance of land etc shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to the law.

Answer 2

notice stat

prevails:
took subsequent
BFP (for value)
without notice (actual, constructive/ record, inquiry)

Question 3

every conveyance of RP or an estate for years therein, or other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first and duly recorded, and as against any judgment affecting title, unless the conveyance shall have been duly recorded prior to the record notice of action.

Answer 3

race- notice stat

prevails:
took subsequent
BFP for value
without notice 
recorded first 

**MD
legal title does not pass until the deed is executed and recorded

Question 4

Title search, when recording a conveyance

Answer 4

MD: tract index establishes chain of title. always provides constructive notice of a claim to prop. Minority view

grantor and grantee index: a grantor book and a grantee book establish chain of title. majority

Question 5

shelter rule

Answer 5

a person who is a successor in interest to a person protected by the recording stat is also protected