Ch18: Recording Acts Flashcards
(12 cards)
What type of interests are covered under recording acts?
- Deeds
- mortgages
- leases
-options - judgements affecting title
-other instruments creating an interest in land (easements, covenant, etc)
Who is covered by recording acts?
Subsequent purchasers
Who is not covered by recording acts?
grantees who acquire title by gift, intestacy, or devise
What are the 3 kinds of notice
- actual notice
- constructive notice
- inquiry notice
Actual notice
when the subsequent grantee has real, personal knowledge of a prior interest
Constructive notice (record notice)
when a prior interest is recorded
Inquiry notice
when a reasonable investigation would have disclosed existence of prior claims
Race Statutes
Rule: first to record wins
key language: “first recorded” or “first to record”
Notice Statutes
A subsequent purchaser wins if she acquires without notice of prior, unrecorded conveyance
key language: “in good faith” or “w/o notice”
Race-notice statutes
A subsequent purchaser wins if two requirements are met:
- acquired w/o notice of a prior unrecorded conveyance; and
- records first
key language: “in good faith” or “without notice” PLUS “first duly recorded” or “first recorded”
Shelter rule
A person who takes from a bona fide purchaser protected by the recording act has the same rights has her grantor
Estoppel by Deed
Arises when a grantor conveys land the grantor does not own
- if a grantor subsequently acquires title to the land, the grantor is estopped from trying to repossess on grounds that he didnt have title when he made the original conveyance
