recording acts

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recording acts

State statutes that govern the official recording of deeds and other real estate documents and the effects of such recording as to creditors, subsequent purchasers, and other interested parties. There are three varieties of recording statutes:

1. Notice acts provide that a person with notice of an unrecorded instrument is barred from claiming priority over it, as of the date the person received notice.

2. Race acts (“race to the courthouse”) provide that the first person to record takes priority, even if that person had notice of a prior unrecorded instrument.

3. Race-notice acts provide that the first to record without notice of a prior unrecorded instrument has the better rights.

References in periodicals archive ?
Aigler, The Operation of the Recording Acts, 22 MICH.
The Article then describes how the Race-Notice recording act operates in practice.
The Supreme Court of Alaska has addressed very few of these issues, requiring some "educated guessing" as to what that tribunal's future decisions under the Recording Act will be.
3) The final clause - "whose conveyance shall be first duly recorded"--made this a Race-Notice type recording act, rather than the other common type, a pure Notice act.
5) The core language of the present Recording Act, section 40.