Also known as: unfiled
Written by attorneys · grounded in primary & secondary sources — see below
An instrument or interest affecting title to real property that has not been filed in the public records.
Ulf Ulfsson conveyed Blackacre to Ursula Upton by deed in January but left the deed unrecorded. In March Ursula conveyed the same parcel to Urban Utley, who recorded immediately. Under the applicable race statute Urban prevails because he recorded first even though he knew of the earlier conveyance.
Unity Underhill purchased Whiteacre from Una Unger after seeing a neighbor using a path across the land. The neighbor held an unrecorded easement granted years earlier. Unity recorded first but loses priority because the visible use gave her inquiry notice of the prior interest.
Select any source to read its text and confirm it supports the definition.
Ugo Ucelli recorded an easement allowing access across his land for the benefit of the neighboring parcel. Later the parties orally agreed to terminate the easement, but the termination was never recorded. When Upland Industries later bought the dominant parcel without notice, the easement remained enforceable against it.
Ultimate Solutions bought Greenacre after searching the recorded deeds and finding no encumbrances. An earlier unrecorded mortgage existed but was outside the chain of title. Ultimate Solutions took free of the mortgage because the recording act protects purchasers without constructive notice from unrecorded instruments.
Utopia Pharmaceuticals paid forty percent of the purchase price under an installment contract for Blueacre and took possession. A prior unrecorded contract buyer then appeared. The court awarded title to Utopia but granted the prior buyer a lien on the land for the unpaid balance.
Ultra Precision paid part of the price under an installment contract for Redacre. A prior unrecorded claimant asserted superior title. The court gave title to Ultra Precision but awarded the prior claimant a lien securing recovery of the unpaid balance under the contract.
Under a race statute the first party to record prevails regardless of notice. Under a notice statute a later purchaser without notice prevails over a prior unrecorded interest. Under a race-notice statute the later purchaser must both lack notice and record first.
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A purchaser who observes facts that would prompt a reasonable person to investigate further is charged with inquiry notice. Such a purchaser cannot claim protection under notice or race-notice statutes even if the prior interest remains unrecorded.
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Courts may award title to the installment purchaser while granting the prior claimant an equitable lien on the land for the unpaid balance. This approach balances the equities without fully displacing either interest.
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No. An unrecorded modification or termination of a recorded servitude is ineffective against a subsequent taker who qualifies for protection under the recording act.
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…literature sharply criticizing three Minnesota Supreme Court decisions. Of the court's holding in the first case—that certain unrecorded confessions must be suppressed—Wersal asked, "Should we conclude that because the Supreme Court does not trust police, it allows confessed criminals to go free?" App. 37. Of the second…