In 2015, Aaron conveyed his Arapahoe County property to Beth using a general warranty deed. In 2024, a claimant named Carl asserts that he received a valid deed to the same property from Aaron in 2013 — two years before Aaron's conveyance to Beth — but Carl never recorded his deed. Beth recorded her 2015 deed promptly after closing. Under Colorado's recording act, which party most likely has superior title?
Correct Answer
B) Beth, because Colorado's race-notice recording act protects a subsequent purchaser who records first without notice of a prior unrecorded conveyance
Colorado follows a race-notice recording act (C.R.S. § 38-35-109). Under a race-notice statute, a subsequent purchaser prevails over a prior unrecorded conveyance if the subsequent purchaser: (1) paid valuable consideration, (2) took without actual or constructive notice of the prior conveyance, and (3) recorded first. Beth purchased in 2015 without notice of Carl's unrecorded 2013 deed (Carl never recorded, so there was no constructive notice), paid valuable consideration, and recorded promptly. Beth therefore satisfies all three requirements of Colorado's race-notice statute and has superior title over Carl's prior but unrecorded deed.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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