On March 1, Seller conveys Blackacre in Carroll County to Buyer A by general warranty deed. Buyer A does not record the deed. On April 15, the same Seller conveys Blackacre to Buyer B by quitclaim deed. Buyer B has no actual or constructive notice of the prior conveyance to Buyer A. Buyer B records the deed immediately. Under Maryland's recording statute, who has superior title to Blackacre?
Correct Answer
D) Buyer B, because Maryland follows a race-notice recording statute and Buyer B recorded first without notice of the prior deed
Maryland follows a race-notice recording statute under Md. Code Ann., Real Prop. §§ 3-101 et seq. Under a race-notice statute, a subsequent purchaser prevails over a prior unrecorded interest if (1) the subsequent purchaser records first AND (2) the subsequent purchaser takes without notice — actual, constructive, or inquiry — of the prior interest. Buyer B satisfies both conditions: Buyer B recorded first, and Buyer B had no notice of the prior conveyance to Buyer A. Therefore, Buyer B has superior title, even though Buyer A received the deed first in time.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Joint tenancy is a form of co-ownership in which two or more persons hold equal, undivided interests in property with the right of survivorship. When one joint tenant dies, their interest automatically passes to the surviving joint tenants.
A leasehold estate grants the right to possess and use property for a defined period of time, without conferring ownership.
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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