RECORDING SYSTEMS

Question 1

“First in Time, First in Right”

Answer 1

tradit c/l land records didn’t exist.
First deed to be both executed & delivered was VALID.
(all other deeds ineffective)

Question 2

Doing a title search

Answer 2

• 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

Question 3

the indexes

Answer 3

• Copy of every deed made & filed
• Two indexes made
  * Grantor to deed
  * Grantee to deed
• Third index (some juris)
  * Property address (tract) to deed

Question 4

a document recorded in land records serves as CONSTRUCTIVE NOTICE to who?

Answer 4

all who are required to search records

Question 5

who is required to search records?

Answer 5

any party involved w/ANY form of a title transaction

Question 6

does recording a void deed make it valid?

Answer 6

NO
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

Question 7

When have different conveyances over time, but when,which recorded?
(who gets title: true title holder or BFP from the record title holder?)

Answer 7

Look for executed & delivered
& recorded
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)
-

Question 8

land grant

Answer 8

ROOT OF TITLE, orignal grant given ever

Question 9

voidable title

Answer 9

• executed & delivered but fraud

* can be made valid by recording it

Question 10

not delivered & gets recorded⇒

Answer 10

real title

Question 11

is real title, record title?

Answer 11

NO

Question 12

want REAL title holder to be rewarded always except

Answer 12

ADVERSE POSSESSION

Question 13

who gets title, adverse possessor or record holder?

Answer 13

Adverse possessor
prob- could search 4ever & won’t find on land record
(same w/prescriptive easements)

Question 14

problems w/land record searches

Answer 14

adverse possessors
presecriptive easements
*land surveyor may help

Question 15

3 types of recording statutes

Answer 15

• pure race
• race notice
• pure notice

Question 16

pure race

Answer 16

first grantee to record has title

dist. minority- NC & LA

Question 17

race notice

Answer 17

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

Question 18

pure notice

Answer 18

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

Question 19

defects that are not of RECORD

Answer 19

• prescriptive easements
• adverse possession
• lack of delivery (defect of deed)
• forgery (defect of deed)
• wild deed

Question 20

anything claiming protection of a recording statute must be a ______ & NOT a _____.

Answer 20

BFP & not a donee

Question 21

types of notice

Answer 21

• actual(aware)
• constructive (doc recorded)
• inquiry notice

Question 22

inquiry notice

Answer 22

“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.”

Question 23

inquiry notice by a 3rd party’s possession

Answer 23

• 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.

Question 24

wild deed

Answer 24

one not recorded in proper order

Question 25

does a wild deed give constructive notice?

Answer 25

• gen-NO
• -a normal title search will not find it
• recording party more culpable as he recorded it out of order.

Question 26

most common reason for a wild deed?

Answer 26

an attorney