On September 1, Owen conveys his Carroll County property to Alice by deed. Alice does not record. On September 10, Alice tells her brother Ben about the purchase in detail. On September 15, Owen conveys the same property to Ben by deed, and Ben records immediately. Ben claims superior title. Alice argues that Ben had actual notice through their conversation. Ben argues he recorded first. Under Maryland's race-notice statute, who prevails?
Correct Answer
D) Alice prevails because Ben had actual notice of her prior unrecorded deed before he accepted the conveyance from Owen
Under Maryland's race-notice recording statute (Md. Code Ann., Real Prop. §§ 3-101 et seq.), a subsequent purchaser must BOTH record first AND lack notice of the prior interest. Ben received detailed actual notice of Alice's prior purchase through their direct conversation on September 10 — five days before he accepted the deed on September 15. Because Ben had actual notice of Alice's prior unrecorded deed at the time he took his conveyance, he cannot qualify as a bona fide purchaser. Alice's prior interest prevails despite Ben recording first, because Ben's actual knowledge defeats the 'without notice' element required by Maryland's race-notice statute.
Why This Is the Correct Answer
Why the Other Options Are Wrong
Deep Analysis of This Property Ownership Question
Background Knowledge for Property Ownership
Real World Application in Property Ownership
Common Mistakes to Avoid on Property Ownership Questions
Related Topics & Key Terms
Key Terms:
Related Concepts
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
More Property Ownership Questions
Which Hawaii rule controls when a condominium association budgets expenses and hires a managing agent?
Which Hawaii rule controls when a parcel is classified in the agricultural district?
In a Hawaii real estate transaction, a shoreline-adjacent property is inside the mapped special management area. What should the licensee remember?
A Hawaii licensee is reviewing state land use classification is tested. What is the best answer?
For the Hawaii salesperson state portion, a question compares condominiums, cooperatives, and planned communities. Which statement is correct?
- → For the Hawaii salesperson state portion, a condominium question distinguishes a unit from common elements. Which statement is correct?
- → A Hawaii broker asks a salesperson about a time share plan is offered to the public in Hawaii. Which answer follows Hawaii law?
- → A Hawaii broker asks a salesperson about development is proposed inside a special management area. Which answer follows Hawaii law?
- → In a Hawaii real estate transaction, a developer markets time share interests based on use nights. What should the licensee remember?
- → A Hawaii licensee is reviewing a buyer asks why a Hawaii condominium unit can be separately conveyed. What is the best answer?
- → Wisconsin adopted the Marital Property Act in 1986, creating a system similar to community property. Under this law, property acquired during marriage is generally considered:
- → Lead-based paint disclosure is particularly relevant in Wisconsin because:
- → An easement by prescription in Wisconsin requires continuous use for:
- → Wisconsin's agricultural use value assessment allows qualifying farmland to be:
- → Wisconsin property taxes are calculated using a:
People Also Study
Buyer Representation Agreement
8% of exam
Land Use Controls and Regulations
8% of exam
Valuation and Market Analysis
10% of exam
Financing
12% of exam
Related Articles
Property Flyer Generator — 2026 Guide for U.S. Agents: Step-by-Step + Best Practices
Learn how Property Flyer Generator works and how U.S. real estate agents use it in 2026. Includes setup steps, practical examples, and best-practice tips.
Real Estate Exam Property Ownership & Title (2026): Deeds, Liens, Encumbrances + Practice Questions
Understand deeds, liens, encumbrances, and ownership types with exam-style practice questions and traps.
Property Landing Page — 2026 U.S. Agent Guide: Setup, Use Cases & Pro Tips
Learn how Property Landing Page works and how U.S. real estate agents use it in 2026. Includes setup steps, practical examples, and best-practice tips.