Also known as: recording statutes · recording act
Written by attorneys · grounded in primary & secondary sources — see below
A statutory rule that determines priority among successive grantees of interests in the same real property. The rule protects a subsequent purchaser who acquires the interest for value without notice of a prior unrecorded conveyance and who records first under a notice or race-notice statute.
Ricardo Rojas bought a parcel from a seller who had already conveyed it to Raymond Ramos by an unrecorded deed. Rojas paid value but knew of Ramos's possession and failed to inquire further. When Ramos later recorded, the court held that Rojas lacked bona fide purchaser status and could not prevail under the recording statute.
Rina Rahman held an unrecorded mineral interest that lapsed under state law when she failed to record a claim. A later purchaser from the surface owner recorded without knowledge of the lapsed interest. The recording statute supplied the mechanism that confirmed the purchaser's superior title once the interest was treated as extinguished.
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Raphael Rivera purchased land subject to an equitable servitude created by prior deeds that were not recorded in the chain of title. The planning committee sought to enforce the restriction. Because Rivera lacked constructive notice from the recording system, the statute left the servitude unenforceable against him.
Redwood Bank recorded a mortgage on property later conveyed to Radiance Media. The media company searched the records and discovered the mortgage before closing. The recording statute gave the bank priority because its interest appeared of record and the subsequent purchaser had notice.
The purchaser must take in good faith, give valuable consideration, and acquire the interest without actual or constructive notice of the prior unrecorded claim. A buyer with inquiry notice fails the third element and cannot claim priority.
Yes. The mortgage continues to encumber the land unless the transferee qualifies as a protected subsequent purchaser under the applicable recording act. Any buyer can discover the mortgage by examining the public records.
The beneficiary takes subject to all recorded and unrecorded interests that existed at the transferor's death. The deed itself is deemed recorded at death for purposes of the recording act.
The replacement mortgage retains the original priority unless a change in terms materially prejudices intervening interests or a protected purchaser acquires an interest while the senior lien is off record.
An installment purchaser holds only an equitable interest and does not automatically qualify as a protected subsequent purchaser. The prior legal title remains superior unless the buyer meets all statutory elements.
…recorded outside the chain of title, does not give constructive notice to the Sabos and is not “duly recorded” under the Alaskan Recording Act, AS 34.15.290. Since the Sabos’ interest is the first duly recorded interest and was recorded without actual or constructive knowledge of the prior deed, we hold that the Sabos’ interest…