A real estate attorney in Cambridge tells a client that Massachusetts's recording statute 'works like a pure notice state' and that the client will be protected as long as she purchased without knowledge of any prior claims, even if she delays recording her deed. Is this advice accurate, and why?
Correct Answer
C) No, the advice is inaccurate because Massachusetts is a race-notice state requiring both recording first and taking without notice
The attorney's advice is inaccurate. Massachusetts follows a race-notice recording statute under MGL Chapter 183, not a pure notice statute. In a pure notice state, a bona fide purchaser without notice prevails over prior unrecorded interests even without recording. In Massachusetts, the purchaser must ALSO record before the prior interest is recorded. If the client delays recording and a third party records first without notice of the client's interest, that third party could defeat the client's claim. Prompt recording is essential in Massachusetts.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Tenancy by the entirety is a form of co-ownership available only to married couples that includes the right of survivorship and protection from individual creditors. Neither spouse can unilaterally sell or encumber the property.
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.
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