Property essay - February 2015 (2)

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Property essay - February 2015 (2)

Postby RavenAgain » Mon Jul 10, 2017 9:55 am

In the property essay in February 2015 the race-notice act applies.

2 JTs.
Then Cathy receives the gift of a property interest from one of the 2 JTs, severing the existing JT. She records her interest - but after David.
David buys from the other original JT, receiving a quit claim deed, records first.

The two answers provided by the bar state both that Cathy loses her interest ( I guess she is Tenant in Common) due to not recording it - provided the statute applies.

If that was true any TiC could quickly record his interest and then kick the other TiCs out. So I have problems understanding this.
Further, David received only a quit claim deed - will he receive more than what he received just by recording it?

So my question is: How does recording, i.e. Race-Notice statute, apply to Joint Tenants, Tenants in Common and Lessees?

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