Recording Acts Guide for Bar Exam Property Questions

Overview

Recording-act questions are rarely about memorizing labels in isolation. They are about building a timeline, identifying notice, and deciding whether the later taker qualifies as a bona fide purchaser.

1. Know what each recording statute rewards

Race statutes reward the first party to record, regardless of notice. Notice statutes protect a later bona fide purchaser who takes without notice, even if that purchaser records later. Race-notice statutes require both: the later purchaser must take without notice and record first. Almost every recording problem becomes easier once you write down which jurisdiction you are in before touching the facts.

• Race: first to record wins.
• Notice: later bona fide purchaser without notice wins.
• Race-notice: later bona fide purchaser without notice who records first wins.

Section sources

Primary law and source anchors

• Race, Notice, and Race-Notice Recording Acts The recording-act framework that determines whether a later bona fide purchaser takes priority.
• Recording Explains how recording creates constructive notice and affects later purchasers in the chain of title.
• Bona Fide Purchaser Defines bona fide purchaser status and explains why actual or constructive notice defeats that priority claim.