Also known as: race-notice act · race notice acts · race notice act · race-notice statute · race-notice statutes · race-notice recording statute · race-notice jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A recording statute under which an unrecorded conveyance is invalid against a subsequent purchaser who acquires the property for value without notice of the prior interest and who records before the prior conveyance is recorded.
Renee Rogers purchased vacant land from Owen for value after a clean title search. She recorded her deed the same day. Rowan Russell held an earlier unrecorded deed from Owen but had not yet recorded. Under the race-notice statute Renee prevails because she took without notice and recorded first.
Rosalind Reed received a forged deed to a parcel and never recorded it. Ricardo Rojas later bought the same parcel from the true owner for value, conducted a clean title search, and recorded promptly. Under the race-notice statute Ricardo prevails over the forged deed because he qualifies as a subsequent purchaser without notice who recorded first.
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The purchaser must take for value without notice of the prior unrecorded interest and must record before the prior interest is recorded. Both elements are required for the statute to award priority.
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Yes. Facts that would prompt a reasonable buyer to investigate further constitute inquiry notice and prevent the purchaser from qualifying as a bona fide purchaser even if the purchaser records first.
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No. The prior grantee loses priority because the statute protects the subsequent purchaser who paid value, lacked notice, and recorded first.
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A forged deed is void and conveys no title, but a later bona fide purchaser without notice who records first may still prevail depending on how the jurisdiction applies chain-of-title and shelter rules to the forged instrument.
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