A developer in Springfield grants a right-of-way easement to a utility company on March 1st, but the easement is never recorded. On April 15th, the developer sells the property to an investor who searches the title, finds no recorded easements, and records the deed. The utility company later claims the easement is valid. Under Massachusetts law, which outcome is most likely?
Correct Answer
B) The easement is extinguished because the investor recorded first and had no constructive notice of the unrecorded easement
Under Massachusetts's race-notice statute (MGL Chapter 183), the investor satisfies both required conditions: (1) the investor recorded the deed before the easement was recorded (winning the race), and (2) the investor conducted a title search and found no recorded easements, establishing that the investor took without constructive or actual notice of the unrecorded easement. Because both elements are met, the investor takes the property free of the prior unrecorded easement.
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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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