Under New Jersey's recording act and related property law, which of the following statements about the recording system is NOT accurate?
Correct Answer
A) New Jersey operates under a pure race recording statute, meaning the first party to record always wins regardless of notice
New Jersey operates under a race-notice recording statute, NOT a pure race statute. Under a pure race statute, the first to record wins regardless of whether the subsequent purchaser had notice of a prior conveyance. Under New Jersey's race-notice system, a subsequent purchaser prevails only if they (1) take without notice of the prior unrecorded interest AND (2) record first. A subsequent purchaser who has actual or constructive notice of a prior unrecorded interest cannot use the recording act to defeat that prior interest, even if they record first.
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Related Topics & Key Terms
Key Terms:
Related Concepts
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.
A freehold estate conveys ownership rights, while a leasehold estate grants the right to possess and use property for a specific period without ownership.
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