Written by attorneys · grounded in primary & secondary sources — see below
in property law
A doctrine under recording acts that limits a purchaser's constructive notice to instruments appearing in the chain of recorded conveyances through which title is traced. A purchaser therefore takes subject only to interests properly recorded within that sequence and may prevail over interests recorded outside it.
Sources & Authorities
How it applies
Common Examples
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Unreleased Lien Clouds Marketability
Christine Castro contracted to purchase land from Corinne Cho. A title search revealed an unreleased mortgage recorded by a prior owner whose deed appeared in the chain leading to Cho. Because the mortgage remained in the chain, Castro refused to close and rescinded the contract.
Easement Outside Chain of Title
Cameron Cruz purchased a parcel from Christopher Collins. An easement benefiting a neighboring lot had been recorded in a deed from a common grantor directly to a stranger whose interest never entered Cruz's chain. The easement therefore gave Cruz no constructive notice and did not burden his title.
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Cases
Common Law
Restatements
Casebooks
Course Outlines
Cade Carpenter agreed to sell property to Colin Chambers. A recorded covenant running with the land appeared in an earlier deed within Carpenter's chain but had never been released. Chambers refused to close because the covenant rendered title unmarketable.
Recorded Deed Establishes Priority
Crestview Holdings acquired land from Compass Logistics and promptly recorded its deed. A later purchaser searched the records and found only the instruments in the direct chain from the original grantor through Compass Logistics to Crestview Holdings. The later purchaser therefore took subject to Crestview's recorded interest.
Forged Deed Breaks Chain
Cobalt Energy received a deed from a grantor who had obtained title through a forged instrument. Because the forged deed conveyed nothing, subsequent purchasers tracing through that link could not rely on the recording act to defeat the true owner's claim even if they recorded first.
Adverse Possession and Chain Continuity
Citadel Security occupied a strip of land under color of title for the statutory period. Its predecessors' deeds formed a continuous recorded chain that included the disputed strip, allowing Citadel to establish marketable title through adverse possession without a gap in the chain.
Howard v. Kunto2 Wash. App. 348, 469 P.2d 990
Common questions
Frequently Asked
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What happens when an interest is recorded outside the chain of title?+
A purchaser is charged with constructive notice only of instruments appearing in the chain through which the purchaser claims. An interest recorded in a different chain therefore does not bind the purchaser.
Supporting sources
How does a break in the chain affect marketability?+
A gap or break in the chain of title renders title unmarketable. The buyer may refuse to close and may rescind or recover damages unless the seller cures the defect.
Supporting sources
Does a forged deed affect later purchasers in the chain?+
A forged deed is void and conveys no title. Subsequent bona fide purchasers may still be protected under some recording acts depending on whether the jurisdiction follows a race, notice, or race-notice statute and how the chain-of-title rules apply.
Supporting sources
206 N.W. 496Property
…barring a use so detrimental to the enjoyment and value of its neighbors. Defendants insist that no restrictions appear in their chain of title and they purchased without notice of any reciprocal negative easement, and deny that a gasoline station is a nuisance per se. We find no occasion to pass upon the question of nuisance, as…