RECORDING SYSTEMS Flashcards
“First in Time, First in Right”
tradit c/l land records didn’t exist.
First deed to be both executed & delivered was VALID.
(all other deeds ineffective)
Doing a title search
- Search back 60 years
- Build “chain of title”
- That shows everyone who ever held title
- Insure no adverse conveyances made by anyone on chain
- Check for adverse transaction on grantors index
- Check grantees index to see if cleared?
- Remove cleared transactions
- List any unreleased adverse transactions
- Determine if all deeds appear valid & properly executed
- Title search conclusions
the indexes
- Copy of every deed made & filed
- Two indexes made
* Grantor to deed
* Grantee to deed - Third index (some juris)
* Property address (tract) to deed
a document recorded in land records serves as CONSTRUCTIVE NOTICE to who?
all who are required to search records
who is required to search records?
any party involved w/ANY form of a title transaction
does recording a void deed make it valid?
NO
Stone v. French
deed-land record said he had 100% fSA interest
Title- was by inheritance, so he had only really 1/7 undivided interest
deed had not been delivered-void
When have different conveyances over time, but when,which recorded?
(who gets title: true title holder or BFP from the record title holder?)
Look for executed & delivered
& recorded
Mostly-BFP w/record title preferred (want to be able to rely on system)
True title holder can usu. protect his interest merely by recording (so more culpable than BFP)
-
land grant
ROOT OF TITLE, orignal grant given ever
voidable title
- executed & delivered but fraud
* can be made valid by recording it
not delivered & gets recorded⇒
real title
is real title, record title?
NO
want REAL title holder to be rewarded always except
ADVERSE POSSESSION
who gets title, adverse possessor or record holder?
Adverse possessor
prob- could search 4ever & won’t find on land record
(same w/prescriptive easements)
problems w/land record searches
adverse possessors
presecriptive easements
*land surveyor may help
3 types of recording statutes
- pure race
- race notice
- pure notice
pure race
first grantee to record has title
dist. minority- NC & LA
race notice
still first grantee to record UNLESS:
-the grantee KNEW of an adverse transaction at the time of conveyance
(had notice of prior transaction)
1st person will always qualify
pure notice
Final grantee to receive a conveyance has title unless the grantee knew of an adverse transaction at the time of conveyance.
if u record => immediate constructive notice/knowledge about your deed
defects that are not of RECORD
- prescriptive easements
- adverse possession
- lack of delivery (defect of deed)
- forgery (defect of deed)
- wild deed
anything claiming protection of a recording statute must be a ______ & NOT a _____.
BFP & not a donee
types of notice
- actual(aware)
- constructive (doc recorded)
- inquiry notice
inquiry notice
“anyone inspecting the property would …be made immediately aware of the fact that some third person was exercising rights therein. A prudent person would have made inquiry as to the rights of this party.”
inquiry notice by a 3rd party’s possession
- always imparts inquiry notice
- inquiry must be made OF the party in possession, not of others
- possession must consist of open, visible & unequivocal acts of occupancy which make reference to the title claim held by the party in possession.
wild deed
one not recorded in proper order
does a wild deed give constructive notice?
- gen-NO
- -a normal title search will not find it
- recording party more culpable as he recorded it out of order.
most common reason for a wild deed?
an attorney
