Also known as:notice-race statutes · race-notice statute · race notice statute · notice race statute
Written by attorneys · grounded in primary & secondary sources — see below
A recording statute under which a subsequent purchaser for value who lacks notice of a prior unrecorded interest and records first obtains priority over that interest.
Sources & Authorities
How it applies
Common Examples
2
Forged Deed and Later Purchaser
Marcus forged Olivia's signature on a mineral deed and conveyed the rights to Prairie Drilling, which recorded. Prairie then conveyed to Titan Energy for value. Titan searched the records, found no defects, and recorded promptly under the jurisdiction's notice-race statute. When Olivia discovered the forgery she sued Titan to quiet title. Titan's claim fails because the forged deed conveyed nothing, leaving Olivia as owner despite Titan's status as a subsequent purchaser without notice who recorded first.
Unrecorded Deed and Competing Buyer
Kathleen delivered a deed to Cody who never recorded it. National Land later bought the same parcel from Kathleen after a clean title search, paid value, and recorded immediately. Cody then recorded and sued National Land to quiet title. Under the notice-race statute National Land prevails because it purchased without notice and recorded first, cutting off Cody's prior unrecorded interest.
Put it into practice
Test Yourself
7
Practice Questions5
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Common Law
Casebooks
Hornbooks
Dictionaries
Common questions
Frequently Asked
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How does a notice-race statute differ from a pure notice statute?+
A notice-race statute requires both that the subsequent purchaser lack notice and record first. A pure notice statute protects a subsequent purchaser without notice even if the prior grantee records first.
Supporting sources
What must a later purchaser prove to prevail under a notice-race statute?+
The later purchaser must prove purchase for value, lack of actual record or inquiry notice of the prior interest, and first recording in the proper office.
Supporting sources
Does a forged deed ever gain protection under a notice-race statute?+
No. A forged deed is void and conveys no title, so recording acts cannot protect subsequent purchasers who trace their claim through the forgery.
Supporting sources
Does open possession by the first grantee always defeat a later purchaser under a notice-race statute?+
Open possession may create inquiry notice that prevents the later purchaser from qualifying as a bona fide purchaser, but the statute still requires the later purchaser to record first if notice is absent.
Supporting sources
Real PropertyTitles · Title assurance systemsUBEFoundational