Recording Statutes

Question 1

Race Statute

Answer 1

A race statute simply provides that whoever records first prevails as the holder of the title

Question 2

Notice Statute

Answer 2

A subsequent bona fide purchaser (a person who gives adequate consideration and has no actual or constructive [record or inquiry] notice of the prior instrument) prevails over a prior grantee who failed to record.

Question 3

Race-Notice Statute

Answer 3

With a race-notice statute, a subsequent BFP who also records before the prior grantee prevails over a prior grantee who failed to record. So in a race-notice jurisdiction, a subsequent grantee who has notice cannot prevail just by recording first.