Also known as: notice-race statute · race-notice statutes · race-notice statute · race-notice recording statutes
Written by attorneys · grounded in primary & secondary sources — see below
A recording statute under which a subsequent purchaser prevails over a prior unrecorded interest only if the purchaser both acquires without notice of that interest and records before the prior grantee.
Nora Nash conveyed a vacant parcel to Nalini Narula, who left the deed unrecorded. Nora then conveyed the same parcel to Nathaniel Newman, who paid value, searched the records, found nothing, and recorded immediately. Nathaniel later learned of the earlier deed. Under the notice-race statute Nathaniel prevails because he recorded first without notice.
Nicole Navarro forged a deed purporting to convey land from Nicholas Nunez to herself and recorded nothing. Nicholas later conveyed the same land to Northern Manufacturing, which paid value, searched the records, found no prior claims, and recorded promptly. Northern Manufacturing prevails over any claim through the forged deed because it satisfied the notice-race requirements.
Select any source to read its text and confirm it supports the definition.
The purchaser must both take without notice of the prior unrecorded interest and record before the prior grantee. Failure to meet either element leaves the purchaser unprotected against the earlier claim.
A pure notice statute protects a subsequent purchaser who takes without notice even if the prior grantee records first. A notice-race statute adds the requirement that the subsequent purchaser must also win the race to record.
Yes. Open and obvious use inconsistent with the record owner's sole title places a later purchaser on inquiry notice, which defeats bona fide purchaser status even if the purchaser records first.
The first grantee prevails because the subsequent purchaser cannot satisfy the race element. The statute awards priority only to the later buyer who both lacks notice and records first.