Recording acts and chain of title

Recording acts and chain of title

Published September 28, 2026

Recording acts and chain of title

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Recording-Act Choice: Which Purchaser the Statute Protects

A recording statute determines whether a later claimant defeats an earlier, unrecorded interest by asking what the later claimant knew, when the claimant recorded, or both. Start by identifying the statute governing the land; then ask whether the later claimant is within the statute’s protected class, whether the claimant had the required status when acquiring the interest, and whether any required recording occurred in the statutory order.

A notice statute protects a later purchaser for value who takes without notice of the earlier interest. The later purchaser does not have to record first. The relevant question is whether the purchaser lacked notice when the purchaser acquired the interest. A purchaser who learns about the earlier conveyance after closing ordinarily remains protected under a notice statute.

A race statute protects the claimant who records first among competing instruments. Notice is irrelevant under a pure race statute: a later purchaser may prevail by recording first even if the purchaser knew about the earlier conveyance, provided the purchaser falls within the statute’s protected category. The decisive fact is the order of recording.

A race-notice statute combines both requirements. The later purchaser must:

  1. Take for value and without notice of the earlier interest; and

  2. Record before the earlier claimant records.

Failure of either requirement defeats the later purchaser’s statutory priority. A purchaser who had notice cannot become protected merely by recording first.

“Notice” includes three forms. Actual notice means direct knowledge. Record notice, also called constructive notice, arises from a properly recorded instrument that a legally adequate title search would reveal. Inquiry notice arises when facts outside the record would cause a reasonable purchaser to investigate further. Notice of a claim is enough; the purchaser need not know every legal consequence of that claim.

The usual protected claimant is a subsequent purchaser for value, including a mortgagee for value when the jurisdiction treats the mortgagee as a purchaser. A donee who receives land gratuitously is ordinarily not protected as a bona fide purchaser. A person who takes from a protected purchaser generally receives the protected purchaser’s priority under the shelter rule, even if the transferee had notice. The shelter rule does not make a void conveyance effective: the transferor must have acquired a legally protectable title or priority in the first place.

QuestionNotice statuteRace statuteRace-notice statute
What claimant is protected?Later purchaser for value without noticeQualifying claimant who records firstLater purchaser for value without notice who records first
Does notice matter?Yes, at acquisitionGenerally noYes, at acquisition
Must the later claimant record first?NoYesYes
What defeats the claim?Notice of the earlier interestFailure to record firstNotice or failure to record first

The most important near-miss is notice versus race-notice. Under notice, a later BFP wins without regard to recording order. Under race-notice, that same BFP loses unless the BFP also records first. The other near-miss is race versus race-notice: under race, knowledge ordinarily does not matter; under race-notice, knowledge at the time of conveyance is fatal.

Because this chapter is closed-book, state the three acts and each act’s protected claimant, notice requirement, and recording requirement from memory.

Indexes and Recordation: What a Search Reveals and What Filing Does

A title search is not simply a request to see whether a deed exists. It is a reconstruction of the recorded ownership path and the competing recorded claims affecting it. In a grantor-grantee index, the searcher normally works backward from the current record owner and then forward through each recorded transfer.

A practical search proceeds as follows:

  1. Identify the person shown as the current record owner.

  2. Search that person as a grantee to locate the conveyance into that person and identify the prior grantor.

  3. Move backward through successive grantors until reaching the accepted starting point for the search.

  4. Search each relevant owner as a grantor to find later conveyances, mortgages, releases, and other recorded instruments affecting the parcel.

  5. Compare recording dates and determine whether each instrument is connected to the parcel and the chain.

A grantor-grantee index is organized by names. The grantee index helps locate the instrument by which a person acquired title; the grantor index helps locate instruments by which that person later conveyed or encumbered the property. A tract index is organized by parcel, so it can display successive instruments affecting one described parcel without the same name-by-name reconstruction. The index system matters because a purchaser is charged with what a legally adequate search would disclose, not with every paper physically stored in the recording office.

Recordation generally has three distinct effects:

  • It can give later purchasers constructive notice of the recorded claim.

  • It can establish priority under a race or race-notice statute by providing the legally relevant recording time.

  • It can place the instrument in the searchable chain of title.

Recordation does not itself create a valid conveyance. Filing a deed does not cure a forged signature, supply missing delivery, correct a legally defective description, or turn a gratuitous transferee into a purchaser for value. Those validity questions belong to deed doctrine; the recording act governs priority and notice after the underlying instrument is classified.

A recorded instrument normally gives constructive notice only when it was recorded in the legally proper office, was sufficiently identifiable, and is connected to the chain of title. A deed from a person who does not appear to hold title in the recorded chain is a wild deed. For example, if O conveys to A but A’s deed is not recorded, and A then conveys to B whose deed is recorded, B’s deed may be impossible to connect to O in the public chain. A later purchaser searching the records may not receive constructive notice from that disconnected instrument.

A wild deed and a forged deed are different. A wild deed may be a genuine conveyance between the parties but fail to provide constructive notice because the record contains a gap. A forged deed is void because the supposed grantor never signed it; it does not transfer title even if its recording appears to fill a chain.

Improper indexing is another near miss. A deed correctly delivered to the recorder but placed under the wrong name may be treated, depending on the jurisdiction’s recording rules, as failing to give constructive notice to a purchaser whose reasonable search would not locate it. The key distinction is between recordation and discoverability through the legally prescribed index. A deed’s physical presence in the files is not automatically the same as record notice.

Record notice also begins at the relevant time. A deed recorded after a purchaser acquires title generally cannot retroactively give that purchaser notice. Conversely, a properly recorded earlier deed can charge the purchaser even if the purchaser never actually read it. The purchaser cannot avoid constructive notice by refusing to search.

The Broken Chain: Why a Recorded Forgery Transfers Nothing

Trace the chain in two separate stages. First ask whether each link is a legally effective conveyance from someone who held the interest being transferred. Only then apply the recording act to competing valid claims. Do not let the second stage silently repair a failure in the first.

A forged deed is void ab initio. The forged grantor’s signature is not merely defective evidence of consent; the grantor made no conveyance at all. Therefore:

  • The forger receives no title.

  • A later grantee from the forger receives no title, even if the grantee paid value, acted in good faith, had no notice of the forgery, and recorded first.

  • Recording the forged deed does not validate it, create a chain link, or invoke a recording statute’s priority protection.

  • A later conveyance by the true owner can transfer the true owner’s title to a valid purchaser.

This is the critical contrast with a deed obtained through fraud in the inducement, duress, or another circumstance that makes the deed voidable rather than void. A voidable deed ordinarily transfers title unless and until it is rescinded, so a qualifying BFP may sometimes prevail. A forged deed never transfers title in the first place. The sibling chapter on deed validity owns the full void-versus-voidable analysis; here, the consequence for the chain is the point.

A forgery in the grantor’s signature is also different from a defect in acknowledgment. If the owner actually signed and delivered the deed but the notarial acknowledgment is false or defective, the instrument may have a recordability or notice problem without necessarily being a forged conveyance. Do not treat every irregularity in the recording paperwork as a forged deed.

Use this order on a fact pattern:

  1. Identify the claimed source of title.

  2. Ask whether the deed is valid and whether the grantor actually held the interest.

  3. Ask whether the deed is connected to the recorded chain or is wild.

  4. Identify the competing claimant and the applicable recording statute.

  5. Test the later claimant for value, notice, and first recording as that statute requires.

  6. Apply the consequence: priority between valid competing claims, but no priority rule can transfer title through a forgery.

Loading diagram…

A state uses a race-notice statute. F forges O’s signature on a deed from O to F and records the deed. F then conveys to P for value; P has no actual knowledge of the forgery and records. O later conveys the parcel by a valid deed to B for value; B knows only that F’s recorded deed appears in the records.

Practice

Which party has the better title to the parcel?

Three Title-Search Checks: Questions That Catch the Hidden Gap

Practice

A jurisdiction has a notice statute. O conveys Blackacre to A, but A does not record. O later conveys Blackacre to B for value, and B has no actual or inquiry notice of A’s deed. B records after acquiring the property. Who has priority?

A grantor-grantee index correctly lists O as grantor and A as grantee, and the recorder properly records and indexes O’s valid deed to A. B later purchases from A for value but never reads the records. What is the effect of A’s recorded deed?

F forges O’s signature on a deed to F and records it. F then conveys to P, who pays value without notice and records. O later signs and delivers a valid deed to A, who records. Who owns the property?

High-Yield Points - ⚡ Biggest Takeaways

Notice protects a later BFP; race protects the first recorder; race-notice requires both no notice and first recording. Recordation gives constructive notice and priority, but it does not cure a void deed or create title. Trace validity and chain connection before applying the recording act: a forged deed transfers nothing.

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Practice Questions: Recording acts and chain of title

  1. 1.

    • 2. A buyer contracted to purchase a residence from a seller. The contract required the seller to convey marketable title at closing and contained no exception for easements. A title search obtained five days before closing revealed a recorded instrument granting the adjoining owner a permanent right to use the residence's driveway to reach a garage. The driveway was visible during the buyer's inspection, but nothing indicated that the neighbor held a legal right to use it. The easement is valid, remains in effect, and materially limits the buyer's planned use of the driveway. The seller refuses to seek a release and insists that the buyer close on schedule. The jurisdiction follows generally accepted land-sale contract principles. Which of the following is the most appropriate advice to the buyer?

      • A. The buyer must close because an easement never makes title unmarketable if the seller owns the servient land.
      • B. The buyer may refuse to close unless the seller removes the undisclosed easement or otherwise cures the title defect.
      • C. The buyer may immediately recover expectation damages because every title defect constitutes an incurable anticipatory breach.
      • D. The buyer must close because physical inspection of the driveway conclusively waived any objection to the recorded easement.
      Show answer

      Answer: B. The buyer may refuse to close unless the seller removes the undisclosed easement or otherwise cures the title defect.

      The buyer may refuse to close unless the seller removes the undisclosed easement or otherwise cures the title defect. - The permanent driveway easement is an encumbrance that materially limits the buyer’s planned use, and the contract promises marketable title without excepting it. - The seller generally has until closing to cure, but the buyer need not close if the easement remains and the seller cannot convey the promised title. The buyer must close because an easement never makes title unmarketable if the seller owns the servient land. - Ownership of the residence does not eliminate the adjoining owner’s valid, permanent right to use its driveway. - Because that right materially limits the buyer’s use and was not excepted from the contract, it can make title unmarketable. The buyer may immediately recover expectation damages because every title defect constitutes an incurable anticipatory breach. - A title defect is not necessarily incurable; the seller ordinarily has until closing to obtain a release or otherwise cure it. - The seller’s refusal to seek a release supports refusing to close if the defect remains, but does not make immediate expectation damages the appropriate advice. The buyer must close because physical inspection of the driveway conclusively waived any objection to the recorded easement. - Seeing the driveway did not reveal that the adjoining owner held a legal right to use it. - The inspection therefore did not conclusively waive the buyer’s contractual right to marketable title free of this unexcepted easement.

    • 3.

      • 4.

        • 5.

          • 6. A brother and sister acquired a cabin by a deed conveying the property "to Brother and Sister as joint tenants with right of survivorship." Several years later, without telling his sister, the brother executed and delivered a valid deed conveying all his interest in the cabin to an investor. The investor paid fair value and promptly recorded the deed. The sister remained in possession and continued paying one-half of the property expenses. The brother died six months later. No agreement restricted either sibling's ability to transfer an interest, and no applicable statute changes the common-law consequences of the conveyance. The sister now asserts that she owns the entire cabin by survivorship, while the investor claims a one-half interest. Which of the following best states the parties' present ownership interests?

            • A. The investor and the sister each hold a one-half tenancy in common, and the brother retains no ownership interest.
            • B. The investor and the sister are joint tenants because one joint tenant's conveyance does not affect the surviving tenant's right of survivorship.
            • C. The sister owns the entire property because the brother's later death activated her right of survivorship in his one-half interest.
            • D. The investor owns the entire property because the recorded deed transferred both the brother's interest and the sister's survivorship interest.
            Show answer

            Answer: A. The investor and the sister each hold a one-half tenancy in common, and the brother retains no ownership interest.

            The investor and the sister each hold a one-half tenancy in common, and the brother retains no ownership interest. - The brother’s valid lifetime deed transferred his one-half interest to the investor and severed the joint tenancy, leaving the investor and sister as tenants in common. - Because the brother had conveyed all his interest before he died, his death transferred nothing by survivorship. The investor and the sister are joint tenants because one joint tenant's conveyance does not affect the surviving tenant's right of survivorship. - A joint tenant’s conveyance to a third party severs the joint tenancy as to the conveyed share. - The investor and sister therefore hold separate one-half interests as tenants in common, not as joint tenants. The sister owns the entire property because the brother's later death activated her right of survivorship in his one-half interest. - The brother’s deed extinguished the sister’s survivorship right in his share before his death. - Her continued possession and payment of one-half of the expenses did not undo that conveyance. The investor owns the entire property because the recorded deed transferred both the brother's interest and the sister's survivorship interest. - The brother could convey only his own one-half interest, not the sister’s interest. - Recording the deed gave notice of the investor’s purchase but did not enlarge what the brother conveyed.

          Flashcards: Recording acts and chain of title

          1. 1. What is the legal effect of a forged deed on title, even if recorded and later conveyed to a BFP?

            Show answer

            A forged deed is void ab initio. It transfers no title, even if recorded, and a later grantee (even a BFP for value without notice who records) receives no title from the forger.

          2. 2. What is a 'wild deed' and what is its primary consequence for later purchasers?

            Show answer

            A wild deed is a deed from a person who does not appear to hold title in the recorded chain. Its primary consequence is that it typically fails to provide constructive notice to later purchasers because it is disconnected from the public chain of title.

          3. 3. What type of notice does a properly recorded and indexed deed provide to subsequent purchasers, even if they don't actually read it?

            Show answer

            A properly recorded and indexed deed provides constructive notice to subsequent purchasers, meaning they are legally charged with knowledge of its contents, regardless of whether they actually inspected the record.

          4. 4. What are the key differences in protection offered by a general warranty deed, a statutory special warranty deed, and a quitclaim deed?

            Show answer

            A general warranty deed provides the broadest protection: the grantor warrants against title defects and lawful claims regardless of when they arose, including defects originating before the grantor acquired title. A statutory special warranty deed limits the warranty to defects or claims arising by, through, or under the grantor (or during the grantor’s ownership), not defects predating the grantor’s title. A quitclaim deed conveys only whatever interest the grantor has, if any, with no warranties of title.

          5. 5. Distinguish between a void deed and a voidable deed, providing an example of each.

            Show answer

            A void deed has no legal effect from the outset (e.g., forgery, fraud in the execution). A voidable deed is effective until rescinded by the protected party (e.g., fraud in the inducement, duress, mental incapacity, minor's deed).

          6. 6. What is the difference between a quitclaim deed and a warranty deed?

            Show answer

            A quitclaim deed conveys only whatever interest the grantor has, without covenants of title. A general warranty deed typically includes covenants protecting the grantee against title defects, including those arising before the grantor acquired title.

          7. 7. What elements are generally required for a valid deed?

            Show answer

            A deed must identify the grantor and grantee, describe the property, contain words showing present intent to transfer an interest, and be delivered and accepted. The deed generally need not state consideration or use any particular form of words.

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