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Transfer Of TitleRecording SystemHARD

Rhode Island uses which type of recording system to protect bona fide purchasers of real property?

Correct Answer

C) Race-notice — a subsequent bona fide purchaser must take without notice AND record first to prevail

Rhode Island follows a race-notice recording system under RIGL § 34-13-4. To prevail over a prior unrecorded conveyance, a subsequent purchaser must satisfy two conditions: (1) take the property without actual or constructive notice of the prior conveyance, AND (2) record their deed first. This differs from a pure notice state, where recording first is not required, and from a pure race state, where notice is irrelevant. Rhode Island exam candidates should know that RI is race-notice, not pure notice.

Answer Options
A
Race — the first party to record prevails regardless of notice
B
Notice — a subsequent bona fide purchaser without notice prevails even without recording first
C
Race-notice — a subsequent bona fide purchaser must take without notice AND record first to prevail
D
Torrens — title is registered and guaranteed by the state

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Related Topics & Key Terms

Related Topics:

recording statutesbona fide purchaserconstructive noticeactual noticeRIGL § 34-13-4

Key Terms:

race-noticerecording statutebona fide purchaserRIGL 34-13-4constructive noticesubsequent purchaser
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