Devon purchases a vacant lot in Oakland County from Priya and records the deed. Three months later, Devon discovers that Priya had previously granted an easement across the same lot to a neighbor, but that easement was never recorded. Devon had no actual knowledge of the easement at the time of purchase. Under Michigan's recording act, which statement best describes Devon's position regarding the easement?
Correct Answer
B) Devon takes free of the easement because he is a bona fide purchaser who recorded first without notice
Under Michigan's race-notice statute (MCL 565.29), a subsequent purchaser who takes without notice of a prior unrecorded interest and records first takes free of that interest. Devon had no actual notice of the unrecorded easement, and the facts do not indicate any visible use that would create inquiry notice. Devon therefore qualifies as a bona fide purchaser and takes the property free of the unrecorded easement.
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
A life estate is a freehold estate that grants ownership rights for the duration of someone's life.
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.
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.