Real Property becomes manageable when you treat priority, estates, possession, and servitudes as high-yield systems instead of isolated buzzwords. These are the topics most worth repeated review.
Real Property becomes manageable when you treat priority, estates, possession, and servitudes as high-yield systems instead of isolated buzzwords. These are the topics most worth repeated review.
Very High frequency
Three types: RACE: First to record wins (rare). NOTICE: Subsequent BFP without notice prevails over prior unrecorded interest - recording is irrelevant. RACE-NOTICE: Must be BFP without notice AND record first. FLORIDA is PURE NOTICE. BFP = Purchaser for valuable consideration without notice. NOTICE types: Actual (knew), constructive (recorded), inquiry (should investigate suspicious facts). Chain of title: Can only search back through recorded chain. Wild deeds (outside chain) don't give constructive notice. Shelter rule: Transferee of BFP protected even with notice.
HYPO: O conveys Blackacre to A (who doesn't record). O then conveys same property to B for $100K. B has no actual knowledge of A's deed. B records. Who owns Blackacre under FL law? ANALYSIS: FL is PURE NOTICE jurisdiction. B wins if: (1) BFP - paid value ($100K = yes); (2) Without NOTICE - no actual knowledge, deed wasn't recorded so no constructive notice. Did B have INQUIRY notice? Were there facts suggesting A's interest (A living on property)? If B saw A living there, should have investigated. Assuming no inquiry notice. RESULT: B WINS under FL notice statute. Even though A's deed was first in time, B was BFP without notice. Recording is irrelevant - B would win even if B never recorded.
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