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Multiple Choice

How do notice, race-notice, and pure race recording statutes differ?

Recording statutes decide who has the superior interest when multiple buyers claim the same land. There are three common forms, and they differ on how much notice and recording matter. Under a notice statute, the key factor is whether the buyer took without notice of a prior unrecorded transfer. If you purchase without that notice, you prevail even if someone else recorded first. If you took with notice of a prior transfer, the prior interest controls. Under a race-notice statute, you must do two things to win: be first to record, and have no notice of any prior unrecorded transfers at the time of your purchase. If you have notice or if someone else records first, you don’t win. Under a pure race statute, the only thing that matters is who records first. Notice or knowledge about prior transfers is irrelevant; the first-recording rule decides. The statement in the provided option misstates these principles particularly for the notice form, making it inconsistent with how notice, race-notice, and pure race doctrines actually operate.

Recording statutes decide who has the superior interest when multiple buyers claim the same land. There are three common forms, and they differ on how much notice and recording matter.

Under a notice statute, the key factor is whether the buyer took without notice of a prior unrecorded transfer. If you purchase without that notice, you prevail even if someone else recorded first. If you took with notice of a prior transfer, the prior interest controls.

Under a race-notice statute, you must do two things to win: be first to record, and have no notice of any prior unrecorded transfers at the time of your purchase. If you have notice or if someone else records first, you don’t win.

Under a pure race statute, the only thing that matters is who records first. Notice or knowledge about prior transfers is irrelevant; the first-recording rule decides.

The statement in the provided option misstates these principles particularly for the notice form, making it inconsistent with how notice, race-notice, and pure race doctrines actually operate.