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Flashcards in RECORDING SYSTEMS Deck (26):
1

"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)

2

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

3

the indexes

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

4

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

all who are required to search records

5

who is required to search records?

any party involved w/ANY form of a title transaction

6

does recording a void deed make it valid?

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

7

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
& 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)
-

8

land grant

ROOT OF TITLE, orignal grant given ever

9

voidable title

• executed & delivered but fraud
• can be made valid by recording it

10

not delivered & gets recorded⇒

real title

11

is real title, record title?

NO

12

want REAL title holder to be rewarded always except

ADVERSE POSSESSION

13

who gets title, adverse possessor or record holder?

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

14

problems w/land record searches

adverse possessors
presecriptive easements
*land surveyor may help

15

3 types of recording statutes

-pure race
-race notice
-pure notice

16

pure race

first grantee to record has title
dist. minority- NC & LA

17

race notice

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

18

pure notice

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

19

defects that are not of RECORD

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

20

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

BFP & not a donee

21

types of notice

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

22

inquiry notice

“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.”

23

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.

24

wild deed

one not recorded in proper order

25

does a wild deed give constructive notice?

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

26

most common reason for a wild deed?

an attorney