On Monday, Owner sells Blackacre to Buyer A, who does not record the deed. On Wednesday, Owner sells the same property to Buyer B, who has no knowledge of the prior sale to Buyer A. Buyer B records the deed immediately after closing. Under Massachusetts recording law, who has superior title to Blackacre?
Correct Answer
A) Buyer B, because Buyer B recorded first and had no notice of the prior conveyance to Buyer A
Under Massachusetts's race-notice statute (MGL Chapter 183), Buyer B prevails because both required conditions are satisfied: Buyer B recorded first (winning the race to the Registry of Deeds) and had no notice of the prior unrecorded conveyance to Buyer A. Buyer A's failure to record left that interest vulnerable to a subsequent bona fide purchaser who records first.
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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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