Thomas purchases Greenacre from Ursula on January 10 and does not record his deed. Victor purchases Greenacre from Ursula on February 5, with no actual or constructive notice of Thomas's prior purchase, and records his deed on February 5. Thomas records his deed on February 20. Under Massachusetts's recording statute, who holds superior title to Greenacre?
Correct Answer
B) Victor, because he recorded his deed before Thomas and had no notice of Thomas's prior purchase
Massachusetts follows a race-notice recording statute under MGL Chapter 183. Under this system, a subsequent purchaser prevails over a prior unrecorded interest if they (1) take without notice of the prior interest AND (2) record first. Victor satisfies both requirements: he had no actual or constructive notice of Thomas's January 10 purchase (Thomas had not recorded, and there is no other stated basis for constructive notice), and Victor recorded his deed on February 5 — before Thomas recorded on February 20. Victor therefore holds superior title to Greenacre.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
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.
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