Flashcards in RECORDING SYSTEMS Deck (26):
"First in Time, First in Right"
tradit c/l land records didn't exist.
First deed to be both executed & delivered was VALID.
(all other deeds ineffective)
Doing a title search
• Search back 60 years
• Build “chain of title”
• That shows everyone who ever held title
• Insure no adverse conveyances made by anyone on chain
• Check for adverse transaction on grantors index
• Check grantees index to see if cleared?
• Remove cleared transactions
• List any unreleased adverse transactions
• Determine if all deeds appear valid & properly executed
• Title search conclusions
• Copy of every deed made & filed
• Two indexes made
• Grantor to deed
• Grantee to deed
• Third index (some juris)
• Property address (tract) to deed
a document recorded in land records serves as CONSTRUCTIVE NOTICE to who?
all who are required to search records
who is required to search records?
any party involved w/ANY form of a title transaction
does recording a void deed make it valid?
Stone v. French
deed-land record said he had 100% fSA interest
Title- was by inheritance, so he had only really 1/7 undivided interest
deed had not been delivered-void
When have different conveyances over time, but when,which recorded?
(who gets title: true title holder or BFP from the record title holder?)
Look for executed & delivered
Mostly-BFP w/record title preferred (want to be able to rely on system)
True title holder can usu. protect his interest merely by recording (so more culpable than BFP)
ROOT OF TITLE, orignal grant given ever
• executed & delivered but fraud
• can be made valid by recording it
not delivered & gets recorded⇒
is real title, record title?
want REAL title holder to be rewarded always except
who gets title, adverse possessor or record holder?
prob- could search 4ever & won't find on land record
(same w/prescriptive easements)
problems w/land record searches
*land surveyor may help
3 types of recording statutes
first grantee to record has title
dist. minority- NC & LA
still first grantee to record UNLESS:
-the grantee KNEW of an adverse transaction at the time of conveyance
(had notice of prior transaction)
1st person will always qualify
Final grantee to receive a conveyance has title unless the grantee knew of an adverse transaction at the time of conveyance.
if u record => immediate constructive notice/knowledge about your deed
defects that are not of RECORD
-lack of delivery (defect of deed)
-forgery (defect of deed)
anything claiming protection of a recording statute must be a ______ & NOT a _____.
BFP & not a donee
types of notice
-constructive (doc recorded)
“anyone inspecting the property would …be made immediately aware of the fact that some third person was exercising rights therein. A prudent person would have made inquiry as to the rights of this party.”
inquiry notice by a 3rd party's possession
-always imparts inquiry notice
-inquiry must be made OF the party in possession, not of others
-possession must consist of open, visible & unequivocal acts of occupancy which make reference to the title claim held by the party in possession.
one not recorded in proper order
does a wild deed give constructive notice?
--a normal title search will not find it
-recording party more culpable as he recorded it out of order.