EstatePass
Transfer Of TitleRecording_systemHARD

Arkansas uses which type of recording system to determine priority among competing claims to real property?

Correct Answer

C) Race-notice system — subsequent purchaser must record first AND have no prior notice of competing claims

Arkansas uses a race-notice recording system (Ark. Code Ann. § 14-15-404). To obtain priority over a prior unrecorded interest, a subsequent purchaser must satisfy two requirements: (1) record their instrument first, AND (2) have no actual or constructive notice of the competing claim at the time of purchase. This differs from a pure race system, where the first to record wins regardless of knowledge, and a pure notice system, where the most recent bona fide purchaser without notice prevails regardless of who records first.

Answer Options
A
Race system — first to record wins, regardless of notice
B
Notice system — last bona fide purchaser without notice wins, regardless of recording
C
Race-notice system — subsequent purchaser must record first AND have no prior notice of competing claims
D
Torrens system — title is registered and guaranteed by the state

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Transfer Of Title Question

Sign up free to unlock full analysis

Background Knowledge for Transfer Of Title

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Transfer Of Title

Sign up free to unlock full analysis

Common Mistakes to Avoid on Transfer Of Title Questions

Sign up free to unlock full analysis

Related Topics & Key Terms

Related Topics:

chain of titleconstructive noticeactual noticedeed recordingtitle search

Key Terms:

race-noticerecording systemArk. Code Ann. § 14-15-404constructive noticeprioritybona fide purchaser
Was this explanation helpful?

More Transfer Of Title Questions

People Also Study

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing