Marcus records a deed to Blackacre on March 1. Prior to recording, he had actual notice that Nina had already purchased Blackacre from the same seller on February 15, but Nina had not yet recorded her deed. Under Massachusetts recording law, whose claim to Blackacre prevails?
Correct Answer
C) Nina prevails because Marcus had actual notice of her prior purchase when he recorded
Massachusetts follows a race-notice recording statute under MGL Chapter 183. Under this system, a subsequent purchaser prevails over a prior unrecorded interest only if they (1) record first AND (2) take without notice of the prior interest at the time of their purchase. Marcus recorded first, satisfying the first requirement. However, Marcus had actual notice of Nina's prior purchase before he recorded, which means he fails the second requirement. Because Marcus had notice, he cannot claim the protection of the recording act, and Nina's earlier purchase prevails.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
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