Also known as: pure-notice · pure notice statute
Written by attorneys · grounded in primary & secondary sources — see below
A minimal pleading standard under which a complaint need only provide the defendant fair notice of the claims asserted.
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Precision Parts sued Horizon Motors and filed a complaint containing only conclusory labels of conspiracy without specific factual allegations. The court applied the plausibility standard and dismissed the complaint. The ruling reflected the change from the prior pure notice approach that would have allowed the suit to proceed on minimal allegations.
Lena conveyed an apartment complex to Olivia by deed, but Olivia failed to record. Lena later conveyed the same property to Harbor Point Management for value. Harbor Point had no notice of Olivia's deed at the time of purchase. Because the jurisdiction follows a pure notice statute, Harbor Point obtains priority despite recording after Olivia.
The purchaser must prove that it gave value and lacked actual, record, or inquiry notice of the prior unrecorded interest at the time of conveyance. No requirement exists that the purchaser record first.
Yes. The statute protects the subsequent purchaser without notice regardless of recording order. The prior grantee's failure to record leaves the interest vulnerable to such a purchaser.
A pure notice statute requires only that the subsequent purchaser lack notice at conveyance. A race-notice statute additionally requires the subsequent purchaser to record first to obtain protection.