race-notice

adjective
race-no·​tice | \ ˈrās-ˌnō-təs \

Legal Definition of race-notice

: of, relating to, or being a recording act which stipulates that an unrecorded deed, mortgage, or lien shall not be valid against a recorded one unless the recording party (as a subsequent purchaser from the same seller) had notice of the interest or claim of the other party when recording — compare notice entry 3, pure race

Note: If one party purchases a property and records the deed, a subsequent purchaser is normally held to know about it — to have “constructive notice” of it — as a matter of law since it is a matter of public record. Under a race-notice statute, however, a subsequent purchaser cannot have constructive notice of an unrecorded deed, and so the recorded deed has priority unless the purchaser actually knew about — had “actual notice” of — the unrecorded deed.

History and Etymology for race-notice

race from the notion of two parties rushing to the courthouse in order to be the first to record a claim or interest on the same property

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Cite this Entry

“Race-notice.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, https://www.merriam-webster.com/legal/race-notice. Accessed 18 Apr. 2021.

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