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Recording · complete doctrine guide

Notice, race, race-notice, and chain of title

Recording acts protect a later purchaser only when that purchaser satisfies the exact formula the specific statute lays out, so the first step on any recording-act question is identifying which of the three statutory types actually governs. A bona fide purchaser is someone who gives value for the property and lacks actual notice, record notice, and inquiry notice of a prior competing interest at the time of the conveyance. A pure notice statute protects a later bona fide purchaser regardless of whether that purchaser records first, a race-notice statute additionally requires the later purchaser to be the first one to record, and a pure race statute drops the notice requirement entirely and simply rewards whichever party records first. An instrument that sits outside the property's proper chain of title, such as one recorded too early or too late relative to the transaction it depends on, may fail to give record notice to a later searcher even though it is technically sitting in the public records.

TESTED STATUSCurrent MBE, MEE where applicable, and NextGen foundational doctrine
01 · COMPLETE FRAMEWORK

Black-letter propositions

  1. 01

    A bona fide purchaser gives value and lacks actual, record, and inquiry notice at conveyance.

  2. 02

    Notice statutes protect the later BFP; race-notice also requires first recording; pure race rewards first recording.

  3. 03

    An instrument outside the chain of title may not give record notice.

  4. 04

    Visible possession and suspicious references can create inquiry notice.

  5. 05

    Shelter allows transferees from a protected purchaser to receive protection, subject to limited reconveyance issues.

02 · ORDER OF ANALYSIS

Use this attack sequence under time

1

Frame the issue

Translate statutory words.

2

Resolve the next checkpoint

Chronologically list conveyances and recordings.

3

Resolve the next checkpoint

For each later taker, test value and three notice forms.

4

Resolve the next checkpoint

Apply first-record requirement.

5

Finish the conclusion

Check wild deeds and shelter.

03 · DISTINCTIONS THAT CREATE POINTS

Common wrong turns

  • A donee does not give value.
  • Recording first cannot cure notice under race-notice.
  • A record search is insufficient when possession demands inquiry.
04 · WORKED APPLICATION

Worked example

O deeds to A, who possesses but does not record. O later deeds to B, who sees A but makes no inquiry and records first under race-notice law.

Model analysis

A's possession gives B inquiry notice, so B is not a BFP and loses despite first recording.

05 · CLOSED-BOOK RETRIEVAL

Practice this topic

06 · FROM THE PRIMARY TEXT

Recording acts

Cornell says a recording statute governs how deeds and other property interests are recorded to give public notice and establish legal priority among competing claims. A notice statute gives priority to the party with the most recent valid claim, but only if that party lacked notice of an earlier claim. The subsequent bona fide purchaser prevails if the purchaser had no actual or constructive notice of the prior conveyance, even if the earlier buyer records first.

A notice statute differs from race and race-notice statutes, where being first to record matters. Notice statutes give purchasers an incentive to record.

07 · FROM THE PRIMARY TEXT

Bona fide purchasers

Cornell defines a bona fide purchaser as someone who exchanges value for property without reason to suspect irregularities, with no actual or constructive notice of defects in the seller's right to transfer title. A buyer who knows the property is stolen has actual notice, and a buyer has constructive notice of defects shown in the recording system.

On an exam, list the conveyances in order, note who paid value and who had notice, and then apply the jurisdiction's type of recording act. The chain of title is the sequence of recorded transfers a searcher would find.

Cornell's example of a notice statute has A sell to B and then to C a week later, and C had no knowledge of the sale to B. C's claim is recognized even if B records before C. Write out each step in that order on an exam, mark who paid value and who had notice, and only then name the type of statute.

08 · QUICK ANSWERS

Frequently asked questions

What is the controlling rule for notice, race, race-notice, and chain of title?+

Recording priority follows the statute word for word through value, actual, record, and inquiry notice, timing, and recordation.

How should I analyze notice, race, race-notice, and chain of title on the bar exam?+

Translate statutory words. Chronologically list conveyances and recordings. Apply first-record requirement. Check wild deeds and shelter.

What is a recording statute?+

A law governing how deeds and other property interests are recorded to give public notice and establish priority among competing claims.

What is a notice statute?+

A recording act giving priority to the most recent valid claim, but only if that party lacked notice of an earlier claim.

Does recording first win under a notice statute?+

Not by itself. A later purchaser without notice prevails even if the earlier buyer records first, according to Cornell.

Who is a bona fide purchaser?+

Someone who exchanges value for property without actual or constructive notice of defects in the seller's right to transfer title.

How does a notice statute differ from race statutes?+

In race and race-notice states being first to record matters, while in a notice state lack of notice is the key, per Cornell.

SOURCE DESK

Primary sources

Cornell LII Wex: recording statute↗Cornell LII Wex: notice statute↗Cornell LII Wex: bona fide purchaser↗

Governing text for notice, race, race-notice, and chain of title

Uniform property acts (Uniform Law Commission) ↗