Thomas conveys his Boston property to his son David by quitclaim deed in January. Thomas does not record the deed. In March, Thomas — now acting fraudulently — conveys the same property to an unrelated buyer, Elena, by quitclaim deed for fair market value. Elena has no knowledge of David's prior deed and promptly records her deed at the Suffolk County Registry of Deeds. Under Massachusetts law, who holds superior title to the property?
Correct Answer
C) Elena, because Massachusetts is a race-notice state and she recorded first without notice of David's prior interest
Massachusetts follows the race-notice recording statute under MGL Chapter 183. Elena satisfies BOTH requirements to prevail: (1) she recorded first — David never recorded his deed, while Elena promptly recorded hers; and (2) she took without notice — she had no actual or constructive knowledge of David's prior conveyance. Even though Thomas had already conveyed the property to David (and technically had no remaining title to convey), the Massachusetts race-notice statute protects subsequent purchasers who record first without notice, defeating even prior unrecorded interests. Elena holds superior title.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
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.
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