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Alabama follows which recording system?

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Question & Answer

Review the question and all answer choices

A

Race-notice statute

Correct Answer
B

Pure race statute

A pure race statute only requires being the first to record, regardless of notice. Alabama requires both recording first AND having no notice, making pure race incorrect.

C

Pure notice statute

A pure notice statute only requires having no notice of prior claims, regardless of who records first. Alabama requires both recording first AND having no notice, making pure notice incorrect.

D

Torrens system

The Torrens system is a registration system where the government maintains a register of land ownership, not a recording statute. Alabama does not use this system.

Why is this correct?

Alabama follows a race-notice statute because it requires both being the first to record (race) and having no actual or constructive notice of prior claims (notice) to establish priority over subsequent purchasers.

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