Recording System

Question 1

What is the rule for a Notice jurisdiction?

Answer 1

If buyer is a bona fide purchaser in a notice jurisdiction, buyer wins, regardless of whether or not they record the title before A does.

Question 2

What is the rule in a race-notice jurisdiction?

Answer 2

If B is a bona fide purchaser in a race – notice jurisdiction, B wins only if she records her title before A does.

Question 3

What is the rule regarding a race jurisdiction?

Answer 3

Whoever records first wins, regardless of whether they were aware of another bona fide purchaser (notice is irrelevant).

Question 4

Which categories of persons are typically not protected by recording statutes?

Answer 4

Donees

Heirs

Devisees

A judgment creditor

Those who acquire title through Adverse Possession

Question 5

Who counts as a bona fides purchaser?

Answer 5

1. You must be a buyer for land, meaning you paid substantial pecuniary consideration
2. Without notice that someone else bought the property already

Question 6

What counts as notice for the purposes of recording statutes?

Answer 6

Actual

Inquiry

Record

Question 7

To record a date properly what must you do?

Answer 7

Record it within the chain of title

Question 8

Broadly speaking what is the shelter rule?

Answer 8

A person who takes from a BFP will prevail against any subsequent purchaser that the BFP would have prevailed against. In other words the transferee takes shelter in the status of her transferor.

Question 9

What is a wild deed?

Answer 9

A deed not connected to the chain of title, which is incapable of giving record notice of its existence

Question 10

What is estopple by deed?

Answer 10

A person who conveys property in which he has no interest at the time is estopped from denying the validity of that conveyance if he subsequently acquires the interest that he previously “sold”