Also known as: notice statutes · notice-statute · statutory notice
Written by attorneys · grounded in primary & secondary sources — see below
A recording act under which a subsequent bona fide purchaser who acquires an interest for value without notice of a prior unrecorded conveyance prevails over that earlier interest.
Nigel Nelson conveyed Blackacre to Nicholas Nunez by deed that Nunez never recorded. Nelson then conveyed the same parcel to Natasha Nielsen for value. Nielsen had no knowledge of the earlier deed and purchased in good faith. Under the notice statute Nielsen holds superior title even though she has not yet recorded.
A forger executed a deed purporting to convey land owned by Nora Nash to Navarro Industries. The forged deed was recorded. Navarro Industries later conveyed the land to Nightingale Healthcare for value. Nightingale had no notice of the forgery and took without actual or constructive knowledge of any defect. In notice jurisdictions that extend shelter protection, the statute may shield Nightingale against the true owner.
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Nyah Ndlovu received a deed to a parcel that she failed to record. The grantor then sold the same land to Northern Manufacturing for valuable consideration. Northern Manufacturing conducted a title search that revealed no recorded claims and had no actual notice of Ndlovu's interest. The notice statute awards priority to Northern Manufacturing.
Natalie Norris purchased land from a seller who had previously conveyed the same property to another party by an unrecorded deed. Norris paid value and lacked any notice of the prior transfer. The notice statute protects Norris's interest over the earlier unrecorded conveyance.
Nobel Dynamics acquired property from a grantor who had already conveyed it by an unrecorded instrument to another buyer. Nobel Dynamics paid value and had no notice of the prior deed at the time of purchase. The notice statute gives Nobel Dynamics priority.
A seller conveyed land to one grantee who did not record. The seller then conveyed the identical parcel to Nora Nash for value. Nash had no notice of the earlier conveyance. The notice statute awards title to Nash over the prior unrecorded interest.
A notice statute awards priority to a subsequent bona fide purchaser who lacks notice of a prior unrecorded interest regardless of whether that purchaser records first. A race statute instead awards priority solely to the first party to record, without regard to notice.
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No. Under a notice statute the subsequent bona fide purchaser without notice prevails over the prior unrecorded interest even if the subsequent purchaser never records.
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Actual notice or constructive notice from the record or inquiry notice defeats the subsequent purchaser's protection. The purchaser must lack all forms of notice at the time of purchase.
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Approximately half the states, or twenty-three states, have notice statutes.
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…of a photograph may claim copyright in his work). The copyright holders of "A Time to Heal" complied with the relevant statutory notice and registration procedures. See §§ 106, 401, 408; App. to Pet. for Cert. C-20. Thus there is no dispute that the unpublished manuscript of "A Time to Heal," as a whole, was protected by §…