Recording the Deed & Adverse Possession Detour

An instrument related to land, such as a [..1..], [..2..], or [..3..], can be recorded

contract, mortgage, deed

Recording an instrument places it in a [..1..] file, making the property rights [..2..] and providing [..3..] to others

publicly accessible, public, awareness

The recording system helps resolve [..1..] to property by putting others on [..2..] of existing claims

competing claims, notice

Name for statutes enacted by jurisdictions to determine priority in disputes over property ownership

Recording Acts

There are 3 types of recording acts:

• [..1..],

• [..2..], and

• [..3..]

race, notice, race-notice

The [..1..] Rule for property ownership is: [..2..], first in right

Common Law, first in time

Recording acts […] the common law rule of "first in time, first in right"

modify

Under a [..1..] Statute, the first person to record the conveyance wins ownership, regardless of [..2..]

Race, notice

Under a [..1..] Statute, a subsequent purchaser wins if they had [..2..] of a prior unrecorded conveyance at the time of their conveyance

Notice, no notice

Under a Notice Statute, the subsequent purchaser wins even if they do not [..1..], provided the prior grantee failed to record and the subsequent purchaser had [..2..]

record, no notice

Under a [..1..] Statute, a subsequent purchaser wins if they had [..2..] of the prior conveyance at the time of their conveyance AND [..3..]

Race-Notice, no notice, record first

Recording acts typically only protect […] purchasers

bona fide

A BFP is a purchaser who is a purchaser for [..1..] and takes the property with [..2..] of any prior conveyance

value, no notice

To be a purchaser for value, property must be acquired for [..1..], not by gift or [..2..]

valuable consideration, inheritance

[..1..] is a method of acquiring title to property by possessing it for a [..2..] period

Adverse Possession, statutorily defined

With respect to adverse possession, possession for the entire [..1..] can ripen into [..2..]

statutory period, title

To acquire title through [..1..], the possession must meet several elements for the entire [..2..]

adverse possession, statutory period

For adverse possession, "Continuous" means the possession must be [..1..] use of the type an owner would make of the property, and it does not require [..2..] use

regular, constant

For adverse possession, […] use does not qualify as continuous

intermittent

For adverse possession, "[..1..] and [..2..]" means the possession must be obvious enough to put the true owner on notice that a [..3..] is occurring

open, notorious, trespass

For adverse possession, the use cannot be [..1..] or [..2..] to be considered open and notorious

hidden, secretive

For adverse possession, "[..1..] and [..2..]" means the possessor must actually occupy the land and must not share possession with the true owner or the public

Actual, Exclusive

For adverse possession, the possessor generally gains title only to the portion of land they […]

actually occupy

For adverse possession, "[..1..]" means the possessor must have entered and used the land without the owner's [..2..]

Hostile, permission

For adverse possession, the possessor's [..1..] (e.g., whether they believed the land was theirs or knew they were trespassing) is [..2..] for the hostile element

state of mind, irrelevant

Possession with the owner's [..1..] cannot be hostile for adverse possession, UNLESS the permission is [..2..] and the possessor remains

permission, revoked

If all elements of [..1..] are met for the [..2..], the adverse possessor can gain title to the property

adverse possession, statutory period