The Recording System

Question 1

Model

Answer 1

The case of the double dealer. (Usually going to be long narratives)

O conveys Blackacre to A. Later, O conveys Blackacre, the same parcel to B. O, our dirty double dealer, has skipped town. In the Battle of A vs. B, who wins?

Question 2

2 Brightline Rules

Answer 2

(1) IF B is a BONA FIDE PURCHASER & we are in a NOTICE jurisdiction, B WINS, regardless of whether or not she records before A.
(2) IF B is a BONA FIDE PURCHASER & we are in a RACE-NOTICE jurisdiction, B WINS, IF SHE records properly before A does.

Question 3

Bona Fide Purchaser

Answer 3

Purchases Blackacre for value AND W/out Notice that someone else got there 1st.

-Recording acts exist to protect ONLY = Bona Fide Purchasers & Mortgagees

Question 4

The Recording Statutes

Answer 4

Notice Statute = “A conveyance of an interest in land (O to A) shall not be valid against any subsequent purchaser for value (B), w/out notice (B) thereof, unless the conveyance is recorded (A)

Race Notice Statute = “Any conveyance of an interest in land (O to A) shall not be valid against any subsequent purchaser for value (B), w/out notice thereof (B), WHOSE CONVEYANCE IS 1ST RECORDED (B).

Question 5

The Shelter Rule

Answer 5

Aims to protect B (The BONA FIDE PURCHASER)

By making it easier FOR B to transfer successfully

Question 6

Problem of the Wild Deed

Answer 6

If a deed entered on the records (A to B) has a grantor unconnected to the chain of title (O to A), the deed is a wild deed. It is INCAPABLE OF GIVING RECORD NOTICE OF ITS EXISTENCE.