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Property OwnershipRace_notice_recording_statuteHARD

Which of the following statements about Massachusetts's recording statute is NOT accurate?

Correct Answer

A) A subsequent purchaser who has actual notice of a prior unrecorded interest is protected if they record before the prior grantee

Massachusetts is a notice-recording-act state (MGL ch. 183, § 4): a subsequent purchaser who has actual notice of a prior unrecorded interest cannot defeat that interest, even by recording first. Option A is therefore the inaccurate statement.

Answer Options
A
A subsequent purchaser who has actual notice of a prior unrecorded interest is protected if they record before the prior grantee
B
A subsequent purchaser who records first without any notice of a prior interest defeats that prior unrecorded interest
C
A subsequent purchaser with constructive notice of a prior unrecorded deed cannot defeat that prior interest even by recording first
D
An unrecorded deed is valid and enforceable between the original grantor and grantee despite the lack of recording

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Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

recording_statuterace_noticeactual_noticeconstructive_noticemgl_chapter_183

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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