Recording statute
A state law that decides which of two competing property claims wins. Race, race-notice, and pure notice are the three types. Determines what happens when deeds get recorded in the wrong order.
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Part 1 of 4
Why a seller cares
The recording statute decides who wins if two claims to the same property collide, and it is why the title company records the deed the moment closing funds. A seller never touches it, and it protects the buyer they just sold to.
Part 2 of 4
A simple example
Two deeds to the same lot, one recorded Tuesday and one Thursday. The state's recording statute decides which buyer owns it.
| The state's rule | Who wins |
|---|---|
| Race | Whoever recorded first |
| Notice | A later buyer who did not know about the earlier one |
| Race-notice | A later buyer who did not know and recorded first |
Recording is the tie-breaker. The rule is why nobody waits to file the deed.
Part 3 of 4
What people get wrong
That the deed is effective only when recorded. It is effective when delivered; recording is what protects it against everyone else.
Part 4 of 4 · where to read next
Where it appears in the sale
What a definition is, and what it isn't
Keighbor is a software company, not a law firm, brokerage, or tax adviser. This is general information, not legal, tax, financial, or real estate advice about your sale. Your situation may differ. Before acting on a contract, disclosure, title, tax, or pricing question, ask an appropriately licensed professional in your state.
Written and researched by Keighbor Research · drawn from the reference glossary · how we research and check what we publish
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