Under Massachusetts's race-notice recording statute, which of the following parties would NOT be protected by the recording act against a prior unrecorded interest?
Correct Answer
A) A subsequent purchaser who had actual knowledge of a prior unrecorded deed before completing the purchase
Under Massachusetts's race-notice statute (MGL Chapter 183), protection is available only to a subsequent purchaser who takes WITHOUT notice of the prior interest. A subsequent purchaser who had actual knowledge of a prior unrecorded deed before completing the purchase fails the notice element of the race-notice test. Even if this purchaser records first, actual notice disqualifies them from the statute's protection, and the prior unrecorded interest prevails.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy in common is a form of co-ownership in which two or more persons hold separate, undivided interests in property without the right of survivorship. Each owner can hold unequal shares and can independently transfer their interest.
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).
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