What is the status of a deed recorded late after the grantor parts with title?

Prepare for the Real Property Multistate Bar Exam with detailed quizzes, flashcards, and multiple choice questions. Each question includes hints and explanations to help you understand key concepts and excel in your test!

A deed that is recorded after the grantor has already parted with title generally does not provide constructive notice in most jurisdictions. Constructive notice is a legal concept that implies that a person is presumed to have knowledge of a document if it has been recorded in the appropriate public records. However, if the grantor has transferred their interest to another party before the deed was recorded, that first transfer is typically considered valid and takes precedence over any subsequent deeds that are recorded later.

Therefore, the late recording does not affect the initial transfer of title. The subsequent grantee who receives the late-recorded deed cannot assert that they have an interest in the property that is superior to the rights of the original grantee. This principle is based on the idea that the recording system is meant to provide a clear and reliable way to establish ownership rights, and once the title has passed, a later recording cannot retroactively create or validate an interest that was not established at the time of the initial conveyance.

In many states, this means that the later deed is typically treated as ineffective in terms of providing notice or transferring interest, reinforcing the priority of the original titles that were conveyed prior to the late recording. Thus, option C accurately reflects the common legal understanding regarding the status

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