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Transfer Of TitleRecording_systemHARD

Mississippi follows which type of recording system for real property instruments?

Correct Answer

C) Race-notice — a subsequent purchaser must record first AND take without notice of prior claims to prevail

Mississippi follows a Race-Notice recording system under Miss. Code Ann. § 89-5-1. A subsequent purchaser prevails over a prior unrecorded interest only if they (1) record their instrument first, AND (2) took title without actual or constructive notice of the prior claim. Both conditions must be satisfied — recording alone is not enough.

Answer Options
A
Pure race — the first party to record always prevails, regardless of notice
B
Pure notice — a subsequent purchaser without notice prevails even without recording first
C
Race-notice — a subsequent purchaser must record first AND take without notice of prior claims to prevail
D
Torrens — title is established by court decree and registered with the state

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Related Topics & Key Terms

Related Topics:

constructive noticebona fide purchaserchain of titleChancery Clerk recordingMiss. Code Ann. § 89-5-1

Key Terms:

race-noticerecording systemMiss. Code Ann. § 89-5-1bona fide purchaserconstructive notice
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