Also known as: race notice jurisdictions · race-notice jurisdiction · race notice jurisdiction · race-notice rule · race-notice recording · race-notice statute
Written by attorneys · grounded in primary & secondary sources — see below
A recording statute under which a subsequent purchaser for value who lacks notice of a prior unrecorded interest and who records first obtains priority over that interest.
Raymond Ramos conveyed vacant land to Regina Robinson but she delayed recording. He later conveyed the same parcel to Rosa Ruiz who paid value and recorded immediately without knowledge of the earlier deed. When Regina Robinson finally recorded months later the race-notice statute awarded priority to Rosa Ruiz because she satisfied both the notice and recording requirements.
A landowner executed a mortgage to Reliance Insurance that remained unrecorded. The same landowner later granted a mortgage on the identical parcel to Radiance Media which searched the records found nothing and recorded at once. In the ensuing priority contest Radiance Media prevailed under the race-notice statute because it took without notice and 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 grantee records. Both the notice and race requirements must be met at the time of purchase and recording.
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Yes. Facts that would prompt a reasonable buyer to investigate further such as open farming operations or an occupied office space constitute inquiry notice. A purchaser who fails to investigate cannot claim bona fide purchaser status even if the deed is recorded first.
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No. The later purchaser who records first without notice obtains priority regardless of when the prior deed is eventually recorded. The statute rewards the first qualifying recorder and leaves the unrecorded interest vulnerable.
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