Also known as: race-notice recording statute · race notice recording statutes · race-notice statutes · race-notice jurisdiction · race-notice rule
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule that awards priority to a subsequent purchaser for value who lacks notice of a prior unrecorded conveyance and who records first in the proper office.
Rajesh Rao conveyed an apartment building to Ryan Roberts, who recorded the deed in the wrong county. Two months later Rajesh conveyed the same building to Riley Rivera, who searched the correct county index, found nothing, paid value, and recorded promptly in the right office. Under the race-notice statute Riley prevails because he qualified as a bona fide purchaser without notice and won the race to record properly.
Raymond Ramos received an unrecorded deed to a parcel from Rowan Russell. Robert Rivera later bought the same parcel from Rowan with actual knowledge of the prior deed, paid value, and recorded first. Because Robert had notice at the time of purchase, the race-notice statute leaves Raymond's earlier interest superior despite Robert's earlier recording.
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The purchaser must both take without notice of the prior interest and record first in the proper office. Failure on either element leaves the prior unrecorded interest superior.
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No. Recording outside the county where the land lies supplies no constructive notice, so the deed remains unrecorded as to a later purchaser who searches the correct index.
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Visible, open use inconsistent with the record owner's sole possession puts a reasonable purchaser on inquiry notice. Failure to investigate that use prevents the purchaser from claiming protection under the race-notice statute.
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No. Priority is fixed at the moment the subsequent purchaser satisfies the statute's requirements. Later recording by the prior grantee does not retroactively alter that result.
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