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Transfer Of TitleRecording SystemHARD

Maine uses which type of recording statute to determine priority among competing claims to real property?

Correct Answer

B) Notice statute

Maine follows a notice recording statute (33 M.R.S. § 201). Under this system, a subsequent purchaser who pays value and takes title without notice of a prior unrecorded interest prevails over that prior interest, regardless of who records first. The key factor is whether the subsequent buyer had actual or constructive notice — not the race to record.

Answer Options
A
Race statute
B
Notice statute
C
Race-notice statute
D
Torrens system

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Related Topics & Key Terms

Related Topics:

recording-systemconstructive-noticebona-fide-purchaserchain-of-titlepriority-of-claims

Key Terms:

notice statuterecording statutebona fide purchaserconstructive noticepriority33 MRS 201

Related Concepts

A special warranty deed guarantees that the grantor has not caused any title defects during their period of ownership, but does not warrant against defects that existed before the grantor acquired the property.

Title insurance is a policy that protects the insured party against financial loss from defects in title that were not discovered during the title search. Unlike other insurance, it covers past events rather than future risks.

A title search is an examination of public records to determine the history of ownership, liens, encumbrances, and other interests affecting a property. It verifies that the seller has the legal right to transfer the property.

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