Maria sells her Quincy property to Tom on June 1st, but Tom does not immediately record his deed. On June 10th, Maria sells the same property to Sandra, who is aware that Tom purchased the property earlier. Sandra records her deed the same day. Under Massachusetts law, who holds superior title?
Correct Answer
A) Tom, because Sandra had actual notice of Tom's prior unrecorded interest before she purchased
Under Massachusetts's race-notice statute (MGL Chapter 183), a subsequent purchaser must satisfy BOTH conditions: recording first AND taking without notice of the prior interest. Sandra recorded first, satisfying the race element, but she had actual notice of Tom's prior purchase before she acquired the property. Because Sandra fails the notice requirement, she cannot defeat Tom's prior unrecorded interest. Tom's title prevails.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
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