The Recording System – Cases Flashcards
Common Law
Purchaser who was the first in time
Lewis v. Superior Court
A purchaser of property is presumed to have knowledge of any encumbrances to the property which can be found at the recorder’s office at the time of the conveyance.
LEWIS WINS.
Was Lewis protected from the prior instrument of encumbrance under the Race-Notice statute?
(Lewis v. Superior Court)
Yes.
Lewis was fleet of foot and pure of hearty
Was Lewis fleet of foot?
Lewis v. Superior Court
YES
Lewis gave public notice of his purchase by indexing first
Although Fontana Films lis pendens was filed before Lewis purchased, it was indexed AFTER Lewis closed and paid consideration
Was Lewis a BFP without notice?
Lewis v. Superior Court
YES
Lewis had no notice of the lis pendens when he purchased because it was not indexed yet
Lewis was PURE OF HEART
Harper v. Paradise
Where a person acquires land rights without knowledge of existing prior conveyances and records his deed, his rights receive priority over previous conveyances from the same owner which were not recorded.
Why did Paradise fail to satisfy Georgia’s Race-Notice Statute?
(Harper v. Paradise)
Paradise would’ve prevailed in Race Statute Jx because he recorded the deed first.
However, Paradise had INQUIRY NOTICE of the 1922 deed
Paradise’s deed reference the earlier, misplaced 1922 deed so Paradise had a duty to diligently inquire about the earlier deed
Why didn’t Paradise prevail on a their A/P argument?
Harper v. Paradise
Despite the property being possessed since 1940, there was no right to possession until Maude Harper died in 1972.
Maude’s children had a future interest in the land and that interest became possessory in 1972 when Maude died.
The SoL for A/P does not run against future interest holders until the interest becomes possessory.
Since A/P clock started ticking in 1972, Paradise does not satisfy statutory period for A/P
