Under Massachusetts's race-notice recording statute, which TWO conditions must a subsequent purchaser satisfy to defeat a prior unrecorded interest?
Correct Answer
B) Record before the prior interest is recorded and take without notice of the prior interest
Under Massachusetts's race-notice statute (MGL Chapter 183), a subsequent purchaser prevails over a prior unrecorded interest only by satisfying both conditions: (1) recording their deed before the prior interest is recorded (winning the 'race' to the Registry of Deeds), and (2) taking the property without actual or constructive notice of the prior interest. Failure to meet either condition means the prior interest prevails.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
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.
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