Also known as: pure-notice statute · pure notice statute · notice statute · pure notice recording statute
Written by attorneys · grounded in primary & secondary sources — see below
A recording statute that protects a subsequent purchaser for value who acquires land without notice of a prior unrecorded interest. The later purchaser prevails over the earlier grantee provided the later purchaser lacked notice at the time of purchase.
Patrick Phan conveyed Blackacre to Priscilla Parks by deed that Parks left unrecorded in a drawer. Pablo Perez later purchased the same parcel from Phan for value after a clean title search and recorded his deed the same day. Under the pure notice statute Perez holds superior title because he paid value and lacked notice of Parks's interest at the time of purchase.
Prime Logistics bought a warehouse from Peak Performance after a title search showed clear record title. Before closing an unmarked mailbox bearing Portia Price's name and repeated sightings of Price at the property placed Prime on inquiry notice of her unrecorded deed. Because Prime failed the notice element, the pure notice statute does not protect it and Price's prior interest prevails.
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A pure notice statute awards priority to a subsequent purchaser for value who lacks notice of the prior interest regardless of recording order. A race-notice statute adds the requirement that the subsequent purchaser must also record first.
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Actual knowledge of the prior deed, constructive notice from the record, and inquiry notice from facts that would prompt a reasonable buyer to investigate further all defeat bona-fide-purchaser status.
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Yes. Open and notorious use such as farming or maintaining equipment visible from the road supplies inquiry notice that defeats the subsequent purchaser's claim even when the record is clean.
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A forged deed is void and conveys no title, yet a later bona-fide purchaser without notice may still be protected under the recording act depending on how the jurisdiction applies chain-of-title and shelter rules to void instruments.
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