Every decision in a jurisdiction using grantor-grantee indices as opposed to a tract index will hold the "recorded" A-to-B instrument to be a wild deed off the chain of title that does not impart constructive notice.
The Alaska Supreme Court has addressed only one of the four wild deed scenarios--that arising where a grantor executes and delivers a deed before actually obtaining title to the land, with his or her grantee invoking the after-acquired title doctrine.
The third type of wild deed arises in this situation: O, who has title, conveys an interest--say a life estate--to A, who does not record.
75) If a subsequent potential buyer of the same land from O does an online search based on the description of the land in the deed to O, this search will lead to B's wild deed if the description of the land in that deed was the same as in the recorded deed to O.
Even if the deed to O mentioned one or both of the public roads, the intersection of which is the starting point for the first metes-and-bounds calls in the deed to A (restated in the A-to-B recorded wild deed), the title examiner for a potential purchaser from O has no reason to believe a search of these road names should be made-that such a search might turn up a wild deed that impairs the title.
The Recording Act imposes no obligation on a purchaser to try to find wild deeds when doing a title search.
Unless the digitalization of the recorded instruments changes the approach taken by the Alaska Supreme Court to defining wild deeds (discussed below), that court is certain to join the unanimous line of holdings that B's deed does not impart constructive notice.
Should the digitization of Alaska conveyance records for the last forty years nudge the Alaska Supreme Court to take a different approach than it has done to date (or what was above predicted that court would do) in deciding if instruments in one or more of the four categories of wild deeds should be held to impart constructive notice?
Begun among the Texas oilfield roughnecks and boot and saddle makers, tales of Bob Wire and his larger than life adventures are filled with wild deeds
, crazy stunts, and just plain showing off.