Recording Statutes

Question 1

Pure Race Statutes

Answer 1

Premium on the “Race” to the recorders office. (first in time).
- first person to record prevails.

Question 2

Pure Notice Statute:

Answer 2

if the subsequent purchaser has actual notice, they won’t prevail, even if the earlier deed was unrecorded.

Question 3

Race Notice Statutes

Answer 3

Protects subsequent purchasers only if he meets two requirements:

1) he records before earlier purchaser records, and
2) he takes without actual notice of earlier conveyance.

Question 4

Luthi v. Evans

Answer 4

There must be sufficient specificity to identify specific property.
(Mother Hubbard Clause not specific enough to constitute Constructive Notice).

Question 5

Orr v. Byers

Answer 5

• Issue is whether recordation of abstract of title under wrong spelling gave constructive notice to Byers.
• Court holds no constructive notice unless name correctly spelled.
• Holding otherwise would put unreasonable burden on title searchers.
• judgment lien was not specific enough.

Question 6

Board of Education of Minneapolis v. Hughes

Answer 6

• Because the chain of title was not connected, there was no way for Hughes to know that Hoerger had conveyed property to D & W, and this is true even though D & W to Board of Education deed recorded before Hughes recorded.
• This did not allow tracing of Board property back to Hoerger.

Question 7

Walker Rogge, Inc. v. Chelsea Title & Guaranty Co.

Answer 7

In the absence of recital of acreage, title company does not insure quantity of land.

Policy was neither vague nor unenforceable