Recording Acts & Deeds
The rogue grantor sells the same land twice. Common law says first in time wins—the recording acts flip that for a protected buyer. Read the statute, classify the buyer, check the clock.
The three statutes
| Type | Statutory tell | The subsequent buyer wins if… |
|---|---|---|
| Race | “first recorded” | They record first—notice is irrelevant, even actual knowledge |
| Notice | “in good faith” / “without notice” (no race language) | They're a BFP at purchase—recording later doesn't matter |
| Race-notice | “in good faith… whose conveyance is first recorded” | BFP and they record before the earlier buyer |
Liv deeds the lot to Lana (who sits on the deed), then deeds it to Rosa, who knows nothing and pays full price. Notice state: Rosa wins the moment she buys. Race-notice: Rosa must also beat Lana to the recorder's office. Pure race: even a Rosa who knew all about Lana wins by recording first.
Who counts as a BFP
A purchaser (buyer or mortgagee) who pays value and takes without notice of the earlier interest. Donees, heirs, and devisees pay nothing—the acts never protect them. Judgment creditors usually aren't purchasers either.
| Notice type | How it arises | 🐚 Example |
|---|---|---|
| Actual | They subjectively knew | Noodle told Rosa about Lana's deed over coffee |
| Record (constructive) | The prior deed was properly recorded in the chain of title | Lana's deed on file before Rosa bought—Rosa is charged with it, read or not |
| Inquiry | Facts on the ground demand questions | Lana's garden, truck, and mailbox on the lot—Rosa had to ask who lives there |
Chain-of-title problems: a deed recorded too early (before the grantor owned) or too late (after the grantor deeded away) is a wild deed—outside the chain, giving no record notice. Shelter rule: anyone taking FROM a protected BFP wins too, even with notice—the BFP needs a market. (But a fraudster can't wash title by selling to a BFP and buying it back.)
Rosa, a protected BFP, later sells to Noodle—who knew about Lana all along. Noodle still wins: he shelters under Rosa's protection.
Deeds: getting title across at all
A deed transfers title on delivery—words or conduct showing the grantor's present intent to be bound—plus acceptance (presumed if beneficial). Physical handover is neither necessary nor sufficient; recording raises a presumption of delivery. A deed needs a writing, the grantor's signature, and a description; consideration is NOT required.
Conditional delivery: handing the deed to the grantee with an oral condition = delivered, condition drops out. Handing it to an escrow agent with conditions works. A deed in the grantor's drawer “to take effect at death” usually fails—no present intent (that's a will problem).
Liv signs a deed to Lana and locks it in her desk, planning to “give it to her someday.” Liv dies; the deed is found. No delivery, no transfer—the lot passes through Liv's estate instead.
Deed covenants: what quality of title was promised
| Deed | What the grantor promises |
|---|---|
| General warranty | All six covenants against everyone's defects: seisin, right to convey, no encumbrances (present—breached at closing if at all) + quiet enjoyment, warranty, further assurances (future—run with the land, breached at eviction) |
| Special warranty | The same six—but only against defects the grantor created |
| Quitclaim | Nothing at all—“whatever I have, if anything” |
Rosa buys by general warranty deed; an old easement surfaces. The covenant against encumbrances was breached the day of closing—Rosa sues her grantor Liv even though Liv never knew about it. With a quitclaim, Rosa would eat the easement.
Two-step exam rhythm: first, did a deed validly deliver title? Second, when the grantor double-dealt, run the recording act: statute type → BFP status (value + the three notices) → who recorded when → shelter rule for downstream takers.
Where the points are
The traps examiners actually set.
- Most tested
- Classifying the statute from its language; inquiry notice from visible possession; donees and heirs going unprotected; the shelter rule.
- Classic traps
- A BFP losing to actual knowledge in a pure race state (knowledge is irrelevant there); wild deeds giving record notice (they don't); conditional delivery to the grantee (condition evaporates); assuming consideration is required for a valid deed; present covenants running with the land (they don't—future ones do).
Keep going: Recording Acts flowchart Deed Covenants MEE guide Real Property Attack Sequences