Also known as:race-notice statute · race notice statute · race-notice recording statute · race-notice recording act
Written by attorneys · grounded in primary & secondary sources — see below
A recording statute under which a subsequent grantee prevails over a prior unrecorded interest only if the subsequent grantee both purchases without notice of the prior interest and records first.
Sources & Authorities
How it applies
Common Examples
2
Forged Deed Followed by Later Purchase
Marcus forges Olivia's signature on a mineral deed and sells the rights to Prairie Drilling, which records promptly. Prairie then conveys the rights to Titan Energy, which pays value, searches the records, and records its deed without any notice of the forgery. Olivia sues Titan to quiet title. Because the forged deed conveyed nothing, Titan's status as a subsequent purchaser who recorded first without notice does not give it title under the race-notice statute.
Second Grantee with Actual Notice
Kathleen delivers a deed to Cody, who never records. Kathleen later conveys the same parcel to National Land, which pays value after a clean title search. National Land learns of Cody's prior deed before closing but records its own deed first anyway. Cody then records and sues to quiet title. National Land's actual notice of the prior conveyance prevents it from prevailing under the race-notice statute even though it recorded first.
Put it into practice
Test Yourself
8
Practice Questions5
· 2 primary sources
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Cases
Common Law
Course Outlines
Common questions
Frequently Asked
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What two requirements must a subsequent purchaser satisfy under a race-notice statute?+
The purchaser must both take without actual, record, or inquiry notice of the prior unrecorded interest and record first among competing grantees. Failure on either element leaves the prior interest superior.
Supporting sources
How does open possession by the first grantee affect a later purchaser's status?+
Visible, exclusive possession that is inconsistent with the record owner's title places the later purchaser on inquiry notice. That notice defeats bona-fide-purchaser status and prevents the later purchaser from prevailing under the race-notice statute.
Supporting sources
Does a race-notice statute protect a purchaser who takes under a forged deed?+
No. A forged deed is void and conveys no title. Recording acts resolve priority only among valid instruments. They cannot validate a forgery even if the subsequent purchaser records first without notice.
Supporting sources
What happens when the first recorder had notice at the time of purchase?+
The prior unrecorded interest prevails. The race-notice statute requires both lack of notice and first recording. Notice at acquisition disqualifies the recorder regardless of who records first.
Supporting sources
Real PropertyTitles · Recording actsNEXTGENIntermediate