Bifalgorithm post · Property · The Deed
Recording Rules
Recording Rules (Property · The Deed) — "People can fail to record their interests, or record them improperly, and an unscrupulous grantor may grant the same l…
Ideas in this flowchart
- Competing land grants and recording rules
- Interests may go unrecorded or be recorded improperly, allowing an unscrupulous grantor to grant the same land twice.
- At common law, the rule is first in time, first in right.
- Under the common-law rule, the first buyer receives the property and the second buyer takes nothing.
- Recording statutes create exceptions to the common-law rule and protect purchasers according to the statute involved.
- Under a race statute, the first grantee to record prevails against all other grantees, regardless of grant order.
- Under a notice statute, the last purchaser who took without notice of another grant wins; recording constitutes notice.
- Under a race-notice statute, the last purchaser wins only if the purchaser lacked notice when receiving the grant and records first.
- Recorded deeds generally provide notice, but problems may arise when a deed falls outside the chain of title.
- Brown v. Lober illustrates disputes involving warranty deeds and recording-related title problems.
- The plaintiffs bought 80 acres and received a statutory warranty deed containing no exceptions.
- The trial court found a breach of the covenant of seisin.
- The action for breach of the covenant of seisin was barred by the applicable statute of limitations.
- The plaintiffs later asserted breach of the covenant of quiet enjoyment, but that claim was denied.
