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Maria purchases a home in Westport, Connecticut. The deed is properly executed and delivered to her on March 1st, but she does not record it until April 15th. On March 20th, the seller fraudulently conveys the same property to another buyer, David, who records his deed on March 25th without knowledge of the prior sale to Maria. Under Connecticut's recording act, who has superior title to the property?

Correct Answer

D) David, because he recorded his deed first and had no actual knowledge of the prior conveyance

Connecticut follows a race-notice recording statute. Under CGS § 47-10, a subsequent purchaser who takes without notice of a prior unrecorded conveyance and records first prevails over the prior grantee. David had no actual or constructive notice of Maria's prior deed (it was unrecorded), paid value, and recorded first. Therefore David holds superior title under Connecticut's race-notice statute.

Answer Options
A
David, because Connecticut follows a race recording statute requiring only first-to-record wins
B
Maria, because she received the deed first and delivery constitutes constructive notice
C
Maria, because the seller's second conveyance to David was fraudulent and therefore void
D
David, because he recorded his deed first and had no actual knowledge of the prior conveyance

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Background Knowledge for Property Ownership

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Related Topics & Key Terms

Key Terms:

recording_actrace_noticeconstructive_noticebona_fide_purchaser

Related Concepts

The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.

Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.

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