recording transfer of land

Question 1

recording documents

Answer 1

Deeds;
* Mortgages;
* Easements;
* Covenants;
* Leases; and
* Contracts to convey.

Question 2

value

Answer 2

To be protected under the typical recording statute, the subsequent claimant must pay “value

Question 3

Indexes:

Answer 3

Search out and find all interest in a particular parcel of land, she must use an index to locate
the relevant documents.

Question 4

race statute

Answer 4

Under the race statute, whoever records first prevails.

Question 5

Notice Statute:

Answer 5

A notice statute requires three things:
o (1) A subsequent
o (2) Bona-Fide purchaser for value
o (3) Who takes without notice (actual, constructive, or inquiry)

subsequent= after
bona fide = real

Question 6

race notice statute

Answer 6

A race-notice statute requires four things:
o A subsequent
o Bona fide purchaser for value
o Who takes without notice, actual, constructive, or inquiry &
o Who records first.

Question 7

shelter rule

Answer 7

Any person who is a successor in interest to a person protected by the recording statute is
also protected. However, that protection does not extend to a person who:
 Attempted to wash his non-protected status; or
 Committed fraud in respect to the deed.
o A person who takes from a bona-fide purchaser protected by the recording act has the same
rights as his grantor.

Question 8

actual

inquiry

constructive
record

Answer 8

1 Personal knowledge of the prior interest. When one is personally aware of a conflicting interest in real property, often due to another’s possession of the property.
o Showing the actual deed.

2 Notice that the law deems you to have regardless of your actual knowledge.
Recordation of the deed.

3 inquiry notice when a reasonable investigation would have revealed the existence of prior claims (e.g., someone is clearly living on the property in question).

4Notice of a prior interest that would be revealed by an appropriate title search.