Also known as: race-notice statute · race notice statutes · race notice statute · race-notice recording statutes
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule under which a subsequent purchaser for value prevails over a prior unrecorded interest only if the purchaser both lacks notice of the prior interest and records first in the proper office.
Raymond Ramos sold land to Riley Rivera, who recorded the deed in the adjacent county. Months later Raymond sold the same land to Rhea Reynolds, who searched the correct county records, found nothing, paid value, and recorded promptly there. Under the race-notice statute Rhea prevails because she took without notice and recorded first in the proper office.
Olivia executed no deed but her accountant forged one purporting to convey mineral rights to Prairie Drilling, which paid value and recorded. Prairie then conveyed to Titan Energy, which also paid value, searched the records, and recorded. Because the initial deed was forged and void, Titan acquires no interest despite satisfying the race-notice requirements.
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The purchaser must take for value without actual, record, or inquiry notice of the prior interest and must record first in the proper office. Both elements are required. Satisfying only one is insufficient.
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A pure notice statute protects a later bona fide purchaser without notice even if the earlier grantee records first. A race-notice statute adds the requirement that the later purchaser must also win the race to record.
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Visible possession may create inquiry notice that prevents the later purchaser from qualifying as a bona fide purchaser. If the facts show the later purchaser had no inquiry notice, the race-notice statute still protects that purchaser who records first.
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No. A forged deed is void and conveys no title. Recording acts resolve priority only among valid instruments. They do not validate a forgery even when a later purchaser satisfies the statute's requirements.
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