Sarah sells her Fairfax County home to Marcus on Monday. The deed is delivered and accepted that same day. However, Marcus does not record the deed until the following Friday. On Wednesday, Sarah fraudulently conveys the same property to Linda, who immediately records her deed. Linda had no knowledge of the prior sale to Marcus. Under Virginia's recording act, who has superior title to the property?
Correct Answer
B) Linda, because she recorded first without notice of the prior conveyance to Marcus
Virginia follows a 'race-notice' recording statute under Va. Code § 55.1-407. Under this system, a subsequent purchaser prevails over a prior unrecorded conveyance if: (1) the subsequent purchaser records first, AND (2) takes without notice of the prior conveyance. Linda recorded first and had no knowledge of Marcus's prior purchase, so Linda holds superior title.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Riparian rights concern properties bordering flowing bodies of water (rivers, streams), while littoral rights concern properties bordering non-flowing bodies of water (lakes, oceans).
The bundle of rights describes the rights associated with property ownership, allowing owners to use, control, enjoy, exclude others from, and dispose of the property.
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
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