Under Virginia's recording act and related property law, which of the following statements about the effect of recording is EXCEPT accurate?
Correct Answer
D) Recording a deed automatically guarantees the quality of title and eliminates all defects existing prior to recordation
Recording a deed does NOT automatically guarantee the quality of title or cure prior defects. The recording system in Virginia (Va. Code § 55.1-407 et seq.) provides constructive notice of the recorded instrument but does not warrant that the title is free of defects, forgeries, undisclosed heirs, or other pre-existing problems. Title insurance exists precisely because recording does not guarantee title quality—it only establishes priority and notice.
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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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