Recording Statute
/ˈrɛkərdɪŋ ˈstætjuːt/
Definitions
- (n.) A statute that governs the priority of property interests based on the chronological recording of documents in public records.
Under the recording statute, the first party to record a deed gains priority over subsequent purchasers.
- (n.) A law designed to protect bona fide purchasers against undisclosed interests by requiring the recording of relevant documents to establish legal title.
Recording statutes protect buyers who purchase property without notice of prior unrecorded claims.
Forms
- recording statute
- recording statutes
Related terms
See also
Commentary
Recording statutes vary by jurisdiction and can be classified as race, notice, or race-notice statutes, which affect the protection of buyers differently. Drafting should consider local recording requirements to ensure enforceability.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.