In 2010, Owner A conveyed Whiteacre in Queen Anne's County to Owner B by general warranty deed. Owner B never recorded the deed. In 2015, Owner A died and Whiteacre passed to Owner A's estate. The estate's personal representative, unaware of the 2010 conveyance to Owner B, conveyed Whiteacre to Buyer C in 2016 by a personal representative's deed, which contains no warranty covenants. Buyer C recorded the deed immediately and had no actual notice of Owner B's prior unrecorded deed. Under Maryland's race-notice recording statute, who holds superior title?
Correct Answer
A) Buyer C, because Buyer C recorded first and had no notice of Owner B's prior unrecorded deed, satisfying Maryland's race-notice requirements
Under Maryland's race-notice recording statute (Md. Code Ann., Real Prop. §§ 3-101 et seq.), a subsequent purchaser prevails over a prior unrecorded interest if the subsequent purchaser (1) records first and (2) takes without notice of the prior unrecorded interest. Buyer C satisfies both requirements: Buyer C recorded the personal representative's deed immediately in 2016, and Buyer C had no actual, constructive, or inquiry notice of Owner B's 2010 unrecorded deed. The type of deed — personal representative's deed versus general warranty deed — is irrelevant to recording priority. Buyer C holds superior title under Maryland law.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Real property is immovable land and anything permanently attached to it, while personal property (also called chattels) is movable.
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.
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