Also known as: intend to be recorded · intends to be recorded · constructive notice · recording acts
Written by attorneys · grounded in primary & secondary sources — see below
A deed or other instrument that has not yet been filed with a public registry but forms a link in a chain of title.
Select any source to read its text and confirm it supports the definition.
Ian Iverson conveyed his parcel to Imani Idowu by deed. Imani took the deed to the recorder's office but left before filing it. When Isaiah Ishikawa later purchased from Imani, the unfiled deed still linked the successive transfers even though it remained outside the public records.
Isabella Ingram granted an easement over her land to Ira Irving by a deed that was recorded in a neighboring tract's chain. When Idris Ives bought Ingram's parcel, the easement deed sat unrecorded in his own chain of title and therefore gave him no constructive notice.
Insight Consulting executed a mortgage to Ivy Investments that was delivered at closing. The lender held the mortgage for several days before recording it. A subsequent purchaser who searched the records found no mortgage and therefore took without notice of the still-unrecorded instrument that already formed part of the chain.
Icarus Aviation sold land to Interlink Communications under an installment contract. After several payments the buyer received a deed that remained unrecorded. When a prior unrecorded claimant appeared, the court treated the deed as an intended-to-be-recorded link that protected the buyer's equitable interest to the extent of payments made.
A forger delivered a deed purporting to convey Isaiah Ishikawa's land to Isabella Ingram. Ingram recorded the deed. When the true owner later challenged title, the forged instrument conveyed nothing and could not form a valid link in the chain of title under the recording statute.
Ira Irving bought land on installments from Ian Iverson and received an unrecorded deed after partial payment. A prior claimant whose deed was also unrecorded appeared. The court awarded the land to the prior claimant but recognized the installment deed as an intended-to-be-recorded instrument that gave Ira a lien for the amount already paid.
The phrase describes a deed or instrument that has not yet been filed in the public records but already forms a necessary link between successive owners in the chain of title.
Supporting sources
No. Because the instrument has not been placed in the public records, a subsequent purchaser who searches the records does not receive constructive notice of it.
An instrument that is intended to be recorded but remains unrecorded may still be treated as part of the chain of title for determining whether a later purchaser qualifies as a bona fide purchaser without notice.
…then belongs to the legislature to determine whether the case calls for this kind of exceptional legislation, and what manner of constructive notice shall be sufficient to reasonably apprise the party proceeded against of the legal steps which are taken against him." In Happy v. Mosher , 48 id. 313, the court say: — "An approved…