Innocent Purchasers

"43 U.S.C. s 687a (1970) does not prohibit alienation, we hold that at the time Lowery executed the deed to the Horvaths he had complied with the statute to a sufficient extent so as to have an interest in the land which was capable of conveyance. Since the Horvaths received a valid interest from Lowery, we must now resolve the conflict between the Horvaths’ first recorded interest and the Sabos’ later recorded interest. The Sabos, like the Horvaths, received their interest in the property by a quitclaim deed. They are asserting that their interest supersedes the Horvaths under Alaska’s statutory recording system. AS 34.15.290 provides that: A conveyance of real property … is void as against a subsequent innocent purchaser … for a valuable consideration of the property … whose conveyance is first duly recorded. An unrecorded instrument is valid … as against one who has actual notice of it. Initially, we must decide whether the Sabos, who received their interest by means of a quitclaim deed, can ever be ‘innocent purchaser(s)’ within the meaning of AS 34.15.290. Since a ‘quitclaim’ only transfers the interest of the grantor, the question is whether a ‘quitclaim’ deed itself puts a purchaser on constructive notice. Although the authorities are in conflict over this issue, the clear weight of authority is that a quitclaim grantee can be protected by the recording system, assuming, of course, the grantee purchased for valuable consideration and did not otherwise have actual or constructive knowledge as defined by the recording laws. We choose to follow the majority rule and hold that a quitclaim grantee is not precluded from attaining the status of an ‘innocent purchaser.’"