Marian lives in a "notice-race" state.She buys Blackacre from Robin but fails to record her deed.Robin then sells Blackacre to John,who also forgets to record.If Marian realizes her mistake and then records the deed,who will own title to the land?
A) John,since he had no notice.
B) John,since he purchased in good faith.
C) Marian,because she was first to file.
D) Marian,because she bought the property first.

Question

Quizplus · Accepted Answer

In a "notice-race" state, the first person to record their deed has priority over any subsequent purchasers, even if the subsequent purchaser had no actual or constructive notice of the prior sale. Since Marian bought Blackacre first and then recorded her deed after realizing her mistake, she would have priority over John's unrecorded deed, regardless of whether he purchased in good faith or not. Therefore, Marian would own the title to the land.

Marian Lives in a "Notice-Race" State