Also known as: race statute · race recording statute · race recording statutes · pure race statute · race-type recording act
Written by attorneys · grounded in primary & secondary sources — see below
A type of recording statute that awards priority to the claimant who records first, irrespective of actual or constructive notice of prior interests.
Raphael Rivera conveyed a parcel to Robert Rivera by deed on March 1. Robert failed to record. On March 10 Raphael conveyed the same parcel to Renee Rogers for value. Renee recorded her deed on March 12. Robert recorded on March 15. Under the race statute Renee prevails because she recorded first even though she knew of the earlier conveyance to Robert.
Rajesh Rao conveyed Blackacre to Ravi Reddy on April 5. Ravi did not record. On April 20 Rajesh conveyed the same land to Ruby Rivera who paid value and recorded immediately. Ravi recorded two weeks later. Ruby prevails because she recorded first regardless of any notice she may have had of Ravi's unrecorded deed.
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A race statute gives priority to the first party to record regardless of notice. A notice statute instead protects a later purchaser who takes without notice of a prior unrecorded interest even if that purchaser records second.
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No. Actual notice is irrelevant under a pure race statute. The first party to record prevails even if that party knew of an earlier conveyance.
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Only North Carolina and Louisiana follow pure race statutes for all property. A handful of other states apply them to limited interests such as mortgages or mineral rights.
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Race statutes encourage prompt recording by rewarding the first filer and avoid disputes over whether a later purchaser had actual notice.
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