Thomas owns a property in Greenwich, Connecticut and grants an easement to his neighbor, Linda, allowing her to use a path across his property. The easement is properly executed but neither party records it. Six months later, Thomas sells the property to Robert, who conducts a title search, finds no recorded easement, and purchases the property without actual knowledge of Linda's easement. Robert then blocks Linda's use of the path. Under Connecticut recording law, which outcome is most likely?
Correct Answer
C) Robert takes free of Linda's easement because he is a bona fide purchaser for value without notice under Connecticut's race-notice statute
Under Connecticut's race-notice recording statute (CGS § 47-10), a subsequent purchaser who takes without notice — actual, constructive, or inquiry — of a prior unrecorded interest and records first prevails. Robert conducted a title search (no constructive notice), had no actual knowledge, and purchased the property. If Robert also lacked inquiry notice (i.e., no visible use of the path was apparent at the time of purchase), he qualifies as a bona fide purchaser and takes free of Linda's unrecorded easement.
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Related Topics & Key Terms
Key Terms:
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.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
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