Also known as: record of documents affecting interest in property · recording acts · notice recording
Written by attorneys · grounded in primary & secondary sources — see below
A hearsay exception that permits admission of the record of a document purporting to establish or affect an interest in property when the record is kept in a public office and a statute authorizes recording such documents in that office.
Rita Russell conveyed a parcel to Redline Automotive in January but left the deed unrecorded for six months. In May Ricardo Rojas purchased the same parcel from Russell after a clean title search and recorded his deed the following week. When Russell's deed was finally recorded in July, Rojas claimed priority under the applicable recording statute.
Rachel Ramirez purchased land from Ronald Reed. An easement granted by Reed's predecessor to a stranger appeared in a separate recorded chain. Ramirez's title search under the proper grantor name revealed no encumbrance, and she later disputed whether the easement bound her.
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Roland Rhodes bought property from Rosa Ruiz after searching the recorded chain and finding no prior claims. An earlier unrecorded conveyance existed, but Rhodes paid value and recorded promptly. The prior claimant later asserted superior title under the recording act.
Redline Automotive acquired land under a race-notice statute after receiving information suggesting a possible prior claim. The company failed to investigate further before closing and recording. The prior unrecorded interest holder challenged priority on the ground that inquiry notice prevented bona-fide-purchaser protection.
Radiance Media received a deed that later proved to be forged. A subsequent purchaser from the forger took without notice, paid value, and recorded under the jurisdiction's recording act. The true owner sued to quiet title against the subsequent purchaser.
Rocky Mountain Mining entered an installment contract, paid forty percent of the price, recorded the contract, and took possession. A prior unrecorded claimant then appeared. The court awarded the land to the prior claimant but granted Rocky Mountain Mining a lien for the amount already paid.
The original document must purport to establish or affect an interest in property. The record of that document must be kept in a public office. A statute must authorize recording documents of that kind in that office. When these elements are met the certified copy is admissible to prove the content and execution of the original.
No. The rule focuses on whether a statute authorizes recording the type of document in the public office and whether the record is in fact kept there. Once those foundational requirements are met the certified record is admissible. Questions about the precise method of search go to weight rather than admissibility.
The more specific exception for records of documents affecting an interest in property governs when its requirements are satisfied. Treating the record solely as a business record sidesteps the statutory-authorization element that the property-records exception expressly requires.