medium · National Real Estate Exam
A buyer is in a 'race-notice' jurisdiction. He buys a property on Monday and knows that another person bought it on Sunday but did not record it.
If the buyer records his deed on Tuesday, who owns the property?
- The Monday buyer, because he recorded first.
- The Sunday buyer, because he was the first in time to receive a deed.
- The Sunday buyer, because the Monday buyer had actual notice of the prior sale.
- Both buyers own the property as tenants in common.
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