A seller conveys Greenacre to Buyer 1 on January 5th. Buyer 1 does not record. On January 20th, the same seller conveys Greenacre to Buyer 2, who has no knowledge of Buyer 1's purchase. Buyer 2 records immediately. On February 1st, Buyer 2 sells and conveys Greenacre to Buyer 3, who has actual knowledge that Buyer 1 originally purchased the property. Buyer 3 records immediately. Under Massachusetts's race-notice statute, who holds superior title?
Correct Answer
D) Buyer 3, because Buyer 3 recorded first among all current claimants and the shelter doctrine applies
This question tests the shelter doctrine in conjunction with Massachusetts's race-notice statute. Buyer 2 validly acquired superior title by satisfying both race-notice conditions: recording first and taking without notice of Buyer 1's interest. When Buyer 2 conveyed to Buyer 3, the shelter doctrine applies — a grantee acquires the same title protection that the grantor held, even if the grantee would not independently qualify for race-notice protection. Because Buyer 2 held clean superior title, Buyer 3 'shelters' under Buyer 2's title and takes superior title despite having actual notice of Buyer 1's original purchase.
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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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