Also known as: race statutes · race recording statute · pure race statute
Written by attorneys · grounded in primary & secondary sources — see below
A recording act that awards priority to the party who first records an instrument affecting title, irrespective of whether that party had notice of prior unrecorded claims.
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Ruby Rivera conveyed Blackacre to Ronald Reed by deed. Reed failed to record. Rivera then conveyed the same parcel to Raphael Rivera for value. Raphael Rivera recorded her deed before Reed recorded his. Under the race statute, Raphael Rivera holds superior title because she recorded first.
Ravi Reddy conveyed a parcel to Ryan Roberts, who placed the deed in a drawer without recording. Reddy later conveyed the same parcel to Reliance Insurance for value. Reliance Insurance recorded its deed immediately. Reliance Insurance prevails because it recorded first under the race statute, even though Roberts acquired earlier.
No. A race statute awards priority solely to the first party to record, regardless of actual or constructive notice of earlier claims.
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A race statute ignores notice entirely and rewards the first recorder. A notice statute protects a subsequent purchaser who acquires without notice of the prior interest, even if that purchaser records later.
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Pure race statutes eliminate off-record inquiries about knowledge but can produce harsh results for good-faith purchasers who lose to a prior interest that records moments later.
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