Recording Acts
Real Property · Lesson 03
Recording Acts
這一課問的是：同一塊地被授予兩次，誰贏？「先到先得」？還是錄案法（race / notice / race-notice）保護的後者？
Actor
Act
Object
Standard
Consequence
Visual Scene · the picture in your head
Issue. Between two grantees of the same property, who wins — first-in-time or someone protected by the recording statute?
這一課問的是：同一塊地被授予兩次，誰贏？「先到先得」？還是錄案法（race / notice / race-notice）保護的後者？
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
recording act
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Statute prioritizing claims to real property based on recording and notice.
錄案法。
race statute
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First to record wins, regardless of notice.
純競錄法：先錄者勝。
notice statute
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Subsequent BFP without notice wins.
通知法：後手 BFP 勝。
race-notice statute
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Subsequent BFP without notice wins only if she records first.
競錄通知法：BFP + 先錄者勝。
bona fide purchaser (BFP)
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Purchaser for value, in good faith, without notice.
善意有償受讓人。
actual notice
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Direct knowledge of prior interest.
實際通知。
constructive (record) notice
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Notice from properly recorded instrument in chain of title.
錄案通知。
Issue · what this lesson is really about
Between two grantees of the same property, who wins — first-in-time or someone protected by the recording statute?
這一課問的是：同一塊地被授予兩次，誰贏？「先到先得」？還是錄案法（race / notice / race-notice）保護的後者？
Trigger words & phrases that should flag this issue:
first to recordwithout noticevaluable considerationsubsequent purchaseractual notice
Expression Bank · how lawyers actually say it
Six function → sentence patterns. Use these in essay applications.
| Function | English sentence | 中文 |
|---|---|---|
| Identify statute | The jurisdiction follows a [race / notice / race-notice] statute. | 本法域採 [純競 / 通知 / 競錄通知] 法。 |
| Apply notice | Subsequent purchaser was a BFP without actual, constructive, or inquiry notice. | 後手為善意有償且無通知。 |
| Apply race-notice | BFP qualifies only if she also recorded before the prior grantee. | BFP 須亦先錄方有保護。 |
| Identify shelter | One who takes from a protected BFP is also protected. | 受保護人之受讓人亦受 shelter 規則保護。 |
| State result | Therefore [later grantee / first-in-time grantee] prevails. | 因此 [後手 / 先手] 勝。 |
Rule Sentence · the workhorse
Under recording acts, priority among successive grantees depends on the statutory type: race statutes favor whoever records first; notice statutes favor a subsequent BFP; race-notice statutes favor a subsequent BFP who also records first.
Sentence Anatomy · 5 roles, 5 colors
Every rule sentence breaks into five visual roles.
Actor 行為人competing grantees競爭之受讓人
Act 行為taking a conveyance受讓
Object 對象the same parcel同一塊地
Standard 法律標準race · notice · race-notice三類錄案法
Consequence 後果priority of title所有權順位
Casebook Snapshot · a real American case
Sanborn v. McLean
Holding. A reciprocal negative easement (implied restrictive covenant) may arise where a common owner sells lots from a tract under a general plan with restrictions. A subsequent purchaser is on inquiry notice of these restrictions from visible uniformity of use in the subdivision — and is therefore not a BFP for purposes of taking free of the restriction.
Why it matters. Inquiry notice — visible facts that would prompt a reasonable inquiry — defeats BFP status as decisively as actual or record notice.
可見之社區性質構成 inquiry notice — 後手非 BFP。
Common Mistakes · what trips students
✗ 純競錄法（race）也要求 BFP。
✓ Race statutes care only about recording — no notice requirement.
Race 只看誰先錄，不要求 BFP。
✗ BFP 一定要付現金。
✓ Value need not be cash; valuable consideration suffices.
有償即可，不必現金。
✗ 錄了 deed 就一定能 win。
✓ Race-notice requires both BFP status and first-to-record.
Race-notice 須 BFP + 先錄。
✗ knowledge from a wild deed counts.
✓ Wild deed (outside chain of title) gives no record notice.
鏈外文書不構成錄案通知。
Mini IRAC · build the Application
Issue. In a notice jurisdiction, does B prevail over A when O conveyed to A (who never recorded), then conveyed the same parcel to B for value with no knowledge of A?
Rule. Under a notice statute, a subsequent bona fide purchaser for value without actual, constructive, or inquiry notice of a prior interest takes priority.
Application (model). O conveyed to A, who failed to record; O then sold to B, who paid full market value and had no actual, record, or inquiry notice of A's deed. Because a notice statute favors a subsequent BFP without notice over a prior unrecorded grantee, the fact that B paid value and had no notice of A's prior, unrecorded deed means B took as a protected BFP.
Pick the right element for each blank:
g1.
g2.
g3.
Conclusion. Therefore, B prevails over A.
MBE Check · multiple choice
Race-notice jurisdiction. O conveys to A on Day 1 (A doesn't record). O conveys to B on Day 5 for value; B has no notice. A records on Day 7. B records on Day 10. Who owns the land?
Mini Essay · write the Application paragraph
Facts. Race-notice jurisdiction. On January 1, O conveyed Blackacre to A in exchange for $200,000. A did not record. On March 1, O conveyed the same land to B for $200,000; B had no actual knowledge of A and the record showed no prior deed. B recorded on March 2. A recorded on March 5. On April 1, B sold the land to C for $250,000; C had heard rumors at a dinner party that O had earlier sold to someone else, but C took anyway. C recorded April 2.
Call. Who owns Blackacre?
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: