The Recording System

Question 1

O conveys Blackacre to A. Later, O conveys Blackacre, the same parcel, to B. O, the double dealer, has skipped town. In the battle of A vs. B, who wins in a race-notice jurisidction?

Answer 1

B wins if B is a BFP and he records properly before A does.

Question 2

To record a deed in Virginia, it must be…

Answer 2

acknowledged by the grantor or proved by two witnesses.

Question 3

(TRUE/FALSE): Recording is not necessary to pass title in Virginia.

Answer 3

True

Question 4

To be a bona fide purchaser, a grantee must:

Answer 4

1. Be a pruchaser (or mortgage lender), not one who recieved the property by gift, will, or inheritance;
2. Pay valuable consideration;
3. Take without notice of the prior conveyance.

Question 5

What types of notice does Virginia recognize?

Answer 5

1. Actual Notice;
2. Record Notice.

Question 6

To be protected under a race-notice statute, the subsequent purchaser must not have any notice of…

Answer 6

the prior grant, and must record first.

Question 7

While the Virginia Supreme Court has characterized Virginia as a race-notice state, the language of Virginia’s recording act is consistent with…

Answer 7

a race state.

Question 8

To give record notice to subsequent takers, the deed must be recorded properly within the…

Answer 8

chain of title.

Question 9

A wild deed is a recoded deed that isn’t…

Answer 9

connected to the chain of title.

Question 10

Anyone who takes from a BFP will prevail against any interest the BFP would have prevailed against under what rule?

Answer 10

The Shelter Rule