Maryland's recording statute is best classified as which type?
Correct Answer
D) A race-notice statute, where a subsequent purchaser must record first and lack notice of prior interests
Maryland follows a race-notice recording statute under Md. Code Ann., Real Prop. §§ 3-101 et seq. Under this system, a subsequent purchaser prevails over a prior unrecorded interest only if that purchaser (1) records first AND (2) had no actual or constructive notice of the prior interest at the time of purchase. Both conditions must be met simultaneously.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
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