Also known as: race notice act · race-notice acts · race notice acts · race-notice statute · race-notice recording act
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule under which a subsequent purchaser who acquires property for value without notice of a prior unrecorded interest and who records first prevails over that prior interest. The statute combines elements of both race and notice recording acts. It protects only those who satisfy both the lack of notice at acquisition and the first-to-record requirement.
Robert Rivera forged a deed purporting to convey land he did not own and delivered it to Rebecca Ross. Rebecca recorded the forged deed. Later the true owner conveyed the same land to Roger Ramirez, who paid value, had no notice of the forgery, and recorded first. Roger obtains clear title from the true owner because the forged deed conveyed nothing. The race-notice statute does not protect Rebecca.
Rosalind Reed conveyed land by deed to Raymond Ramos, who never recorded. Rosalind later conveyed the same land to Rhea Reynolds, who paid value. Before closing Rhea saw an unmarked mailbox bearing Raymond's name on the property. Rhea recorded first but the visible mailbox placed her on inquiry notice of Raymond's interest. The race-notice statute therefore denies Rhea protection and Raymond retains priority.
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The purchaser must pay value, take without actual or constructive notice of the prior interest at the time of acquisition, and record first. Satisfaction of all three elements awards priority over the earlier unrecorded claim.
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Yes. Open and obvious possession by a third party that would prompt a reasonable buyer to investigate further constitutes inquiry notice. A purchaser on inquiry notice cannot qualify as a bona fide purchaser even if the purchaser records first.
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A pure notice statute protects a subsequent purchaser who takes without notice regardless of who records first. A race-notice statute adds the requirement that the subsequent purchaser must also record before the prior interest is recorded.
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No. The later purchaser who pays value, lacks notice, and records first defeats the unrecorded interest. The statute rewards the first to record among qualifying purchasers.
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