Property

Recording Statute

Quick Answer

What does "Recording Statute" mean in law?

Recording statutes govern the priority of competing claims to real property by determining the effect of recording (or failing to record) a deed or other conveyance. There are three types: race statutes (first to record wins, regardless of notice), notice statutes (a subsequent bona fide purchaser without notice prevails over a prior unrecorded conveyance), and race-notice statutes (a subsequent bona fide purchaser without notice who records first prevails). Recording provides constructive notice to the world of the conveyance.

Definition

Recording statutes govern the priority of competing claims to real property by determining the effect of recording (or failing to record) a deed or other conveyance. There are three types: race statutes (first to record wins, regardless of notice), notice statutes (a subsequent bona fide purchaser without notice prevails over a prior unrecorded conveyance), and race-notice statutes (a subsequent bona fide purchaser without notice who records first prevails). Recording provides constructive notice to the world of the conveyance.

Example

O sells Blackacre to A (who does not record), then to B (a bona fide purchaser without notice). Under a notice statute, B prevails even if B has not yet recorded.

Related Case Briefs

Study Property with Briefly

Master property concepts with AI-powered case briefs, cold call drills, flashcards, and more. Get started.