Also known as: race-notice statute · race notice recording statute · race-notice recording act · race-notice act · race notice statute
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule that awards priority to a subsequent purchaser over a prior unrecorded interest only when the purchaser acquires for value without notice and records first.
Rosa Ruiz owns Blackacre. Her accountant forges a deed conveying the mineral rights to Robert Rivera, who pays value and records. Rivera then conveys the rights to Raven Logistics, which pays value, conducts a clean title search, and records first under the jurisdiction's race-notice statute. When Rosa sues to quiet title, the forged deed conveys nothing, so Raven acquires no interest despite satisfying the statute's notice and race requirements.
Ricardo Rojas conveys a parcel to Riley Rivera by unrecorded deed. Rojas later conveys the same parcel to Rowan Russell, who knows of the prior deed at the time of purchase. Rowan records first. Riley then records and sues to quiet title. Because Rowan had actual notice when taking the deed, the race-notice statute does not protect Rowan and Riley's earlier interest prevails.
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The purchaser must take for value without actual, record, or inquiry notice of the prior unrecorded interest and must record before the earlier grantee. Both elements are required. Recording first alone is insufficient if notice existed at acquisition.
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Visible, exclusive possession inconsistent with the record owner's title places the later purchaser on inquiry notice. Inquiry notice defeats bona fide purchaser status even if the purchaser records first, allowing the prior unrecorded interest to prevail.
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No. A forged deed is void and conveys no title. Recording acts resolve priority only among valid instruments tracing to a common grantor. They cannot validate a forgery or protect subsequent purchasers in that chain.
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The prior unrecorded interest prevails. Notice at acquisition prevents the recorder from qualifying as a bona fide purchaser, so the race element cannot overcome the notice defect under the statute.
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