Property
Exam 3
Fact pattern
O is the fee-simple owner of a tract of land known as Greenacre, situated in State X. On May 1, O conveys Greenacre to A in fee simple. A does not immediately record the deed. Greenacre is an unimproved tract, which remains unimproved after A takes title.
On July 1, O conveys Greenacre to B in fee simple for cash, in an amount equal to Greenacre’s fair market value. B does not immediately record the deed. At the time B takes title, B is not aware of O’s prior conveyance to A.
On August 1, O dies. O’s will contains the following devise: “I bequeath Greenacre to my cousin C.” C is unaware of O’s transactions with A and B concerning Greenacre.
On September 1, A properly records the deed from O to A. On September 2, B properly records the deed from O to B.
On October 1, B conveys Greenacre to D in fee simple, in exchange for fair market value. D immediately and properly records the deed. D was personally acquainted with O, and at the time of the conveyance from B, D knows that O devised Greenacre to C.
On November 1, A, C, and D each assert ownership of Greenacre.
State X has a
recording act, under which State X’s recorders’ offices maintain grantor and
grantee indexing systems.
Questions
If State X is a notice jurisdiction, who among A, C, and D owns Greenacre as of November 1? Explain.
- If State X is a race-notice jurisdiction, who among A, C, and D owns Greenacre as of November 1? Explain.