Preview

Describe The Difference Between Notice And Other Purchaser's Deed

Good Essays
Open Document
Open Document
301 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Describe The Difference Between Notice And Other Purchaser's Deed
The recording acts determine which party will prevail when a piece of property is given to at least two different parties. There are three types of jurisdictions under the recording act: notice jurisdiction, race jurisdiction, and race-notice jurisdiction. In a notice jurisdiction, the purchasers will prevail over an earlier purchaser if the current purchaser had no knowledge of the transfer and there was no record of the earlier purchaser’s deed. In a race jurisdiction the determination of which party will prevail is based solely on which party has their deed recorded first. In a race notice jurisdiction the subsequent purchaser will prevail over the earlier purchaser if the subsequent purchaser did not know, and their deed is recorded before the earlier purchaser’s deed.
Ultimately the difference between the notice and race notice is determined by notice and the deed of the property. Under notice jurisdiction the deed from the earlier purchaser was not recorded and the subsequent purchaser did not know of the purchase. Under race notice jurisdiction the subsequent purchaser will prevail if they did not know of an earlier purchase and the subsequent purchaser’s deed is filed before the earlier deed.
…show more content…
In North Carolina the party that files the deed first will prevail. Notice is not necessary to determine the prevailing party. North Carolina is one of only three states that follow this particular type of recording act jurisdiction. For anyone purchasing a property in North Carolina it is important to know this because after you purchase the property you need to file the deed as soon as you possibly can to make sure that the property was not sold to another individual, and if it was, to make sure that you do not lose the property to that other

You May Also Find These Documents Helpful

  • Good Essays

    LRWA carmichael analysis

    • 1136 Words
    • 3 Pages

    To determine whether a person has “possession” of a property the court considers four factors: (1) whether the buyer exercises control over the property adverse to the seller; (2) whether the buyer has an exclusive right to control the property; (3) whether the buyer pays for taxes and improvements, and; (4) whether the both parties publically acknowledges the transfer. Dawson v. Tumlinson, 242 S.W.2d 191 (Tex. 1951); Johnson v. Bridgewater, 140 S.W.2d 282 (Tex. Civ. App. 1940, writ dismissed); Sharp v. Stacy, 535 S.W.2d 345 (Tex. 1976); Thorton v. Central Loan Co., 164 S.W.2d 248 (Tex. Civ. App. 1942, writ refused). The court does not consider who occupies the property. Sharp, 535 S.W.2d at 348. The details of the oral agreement are also not considered. See Dawson, 242 S.W.2d 191; Johnson, 140 S.W.2d 282; Thorton, 164 S.W.2d 248; Id. Every factor is considered, but all of them need not be present. Johnson. Presently, Carmichael paid for taxes and improvements, but each other factor is at issue.…

    • 1136 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    When a buyer purchases residential property from a seller in a standard resale transaction, the seller is required to offer a real estate transfer disclosure statement to the buyer which describes items in the chosen property which, if known, would affect the buyer's interest in the purchase of the property. Such a declaration is standard practice in this state, and this requirement protects buyers against unknown problems which may accompany such purchases.…

    • 522 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    Bsbwor501 Final Exam

    • 4758 Words
    • 20 Pages

    A statement by a nonexpert seller to a nonexpert buyer about the setback restrictions on a parcel of property must be true or the…

    • 4758 Words
    • 20 Pages
    Powerful Essays
  • Good Essays

    Any real property, any beneficial interest in a land trust . . . held in tenancy by the entirety shall not be liable to be sold upon judgment entered on or after October 1, 1990 against only one of the tenants, except if the property was transferred into tenancy by the entirety with the sole intent to avoid the payment of debts existing at the time of the transfer beyond the transferor 's ability to pay those debts as they become due. (735 ILCS 5/12-112).…

    • 1008 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    Fct V Whitfords

    • 1307 Words
    • 6 Pages

    * This is considered to be a process of realizing capital because the land can no longer be used…

    • 1307 Words
    • 6 Pages
    Satisfactory Essays
  • Better Essays

    (a) Any person having had, either personally or through those whom that person's claim arises, individually or through whom a person claims, seven (7) years' adverse possession of any lands, tenements, or hereditaments, granted by this state or the state of North Carolina, holding by conveyance, devise, grant, or other assurance of title, purporting to convey an estate in fee, without any claim by action at law or in equity commenced within that time and effectually prosecuted against such person, is vested with a good and indefeasible title in fee to the land described in such person's assurance of title.…

    • 1880 Words
    • 8 Pages
    Better Essays
  • Good Essays

    Blaw

    • 3523 Words
    • 15 Pages

    Question 3. Refer to the provisions from the Sale of Land Act 1962 (Vic). Suppose that, on Monday 4th March 2002 Cassandra attends a publicly advertised auction and bids $100,000 for an apartment in Parkville. The auctioneer accepts her bid and Cassandra signs the contract of sale. That same afternoon Cassandra regrets what she has done and wants to terminate the contract. On the basis of the information contained in the Act, can she?…

    • 3523 Words
    • 15 Pages
    Good Essays
  • Powerful Essays

    Stark Memo

    • 3342 Words
    • 14 Pages

    Under North Carolina law, can a person adversely possess land that is held in co-tenancy when: 1.) The person has not recognized that they are in co-tenancy 2.) The person has had sole possession of the land for nineteen years 3.) The person has paid the property taxes from his personal account 4.) The person has resided on the property and 5.) The person has built a resort as his business on the land?…

    • 3342 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    * The court have to decide whether the parties were contractually bound by the sale note(which has been signed by both of them) or whether they would only have formed a binding contract by Cameron’s solicitors(which could not apply, since Masters did not signed.…

    • 1013 Words
    • 4 Pages
    Good Essays
  • Good Essays

    In Connie McGahey v. James Wilson, 2001 Tenn. App. LEXIS 499, McGahey and Wilson had purchased land together as tenants by the entirety while they were married. When they divorced, they entered into a property settlement agreement that included a provision that the parties agreed that the property could not be sold unless both parties gave consent. When Connie sought an action to partition fifteen years later, the special master that was appointed to the case by the trial court found that the agreement was unenforceable because it violated public policy. Later, the appellate court affirmed the decision but…

    • 676 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Abandoned House Ebook

    • 4974 Words
    • 20 Pages

    Then, clean the lawn and fix up the broken windows. Next, you send a bill to the last known owner of record. Now, you file a Claim of Lien in the County Recorders office to secure the property. Finally, you foreclose on your lien, and subsequently receive the default judgment on your claim, because no one is there to Challenge your Claim. The clerk of the Court issues the writ of possession and execution. You pay the Sheriff $100 and he executes the writ. Congratulations you just acquired a house!…

    • 4974 Words
    • 20 Pages
    Good Essays
  • Good Essays

    • carried on by the owner of the land, the owner's agent or by the person in…

    • 1393 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Accounting

    • 2370 Words
    • 10 Pages

    2. The land and buildings should be recorded on the premise of “in-use” or “in-exchange”.…

    • 2370 Words
    • 10 Pages
    Good Essays
  • Good Essays

    Apush Chapter 3 Outline

    • 725 Words
    • 3 Pages

    b. Chose Plymouth Bay as final stopping point, outside domain of Virginia Company, becoming squatters without legal right to land…

    • 725 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Property Case Digests

    • 11325 Words
    • 46 Pages

    Spouses Felix Chingkoe and Rosita Chingkoe (Petitioner) vs. Spouses Faustino Chingkoe and Gloria Chingkoe (Respondents)…

    • 11325 Words
    • 46 Pages
    Good Essays