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Real Property Law: Recording Statutes
The purpose of Recording statutes is to put the world on notice regarding the interests asserted in the recorded document. Recording statutes are often utltized regarding ownership interests in land. There are several types of recording statutes utilized in various jurisdictions. California applies the general principals of a race-notice statutue.
Notice Statutes:
Bona fide purchaser for value must not have notice of any prior conveyance and must pay value for the land. The Stutute generally protects a subsequent bona fide purchaser forvalue whether or not the BFP is the first to record.
Race Statutes:
Protects any subsequent purchaser if the purchaser is first to record.
Race-Notice Statutes:
Priority of Record-First to Record
Take Without Notice
The Statute protects a BFP if first to record.
Recording Statutes
Bona Fide Purchasers for Value
Payment of Value
Without Notice
Actual Notice
Constructive Notice
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