On November 9, 2020 Mary Andrews conveyed title to Greenacre to Brad Buyer. Mr.

Buyer recorded the deed on November 12, 2020. On November 10, 2020 Ms. Andrews

conveyed Greenacre to Paula Purchaser; Ms. Purchaser had no knowledge that Ms.

Andrews had already conveyed Greenacre to Mr. Buyer. Ms. Purchaser recorded her deed on November 16, 2020. Under a notice statute, does Mr. Buyer have priority of title? Explain your answer.

 

Yes. Mr. Buyer has the priority of title.

Step-by-step explanation

Notice statute allows subsequent bona-fide purchaser to prevail over an earlier purchaser if, and only if, the subsequent purchaser did not know of the earlier transfer and the subsequent purchaser's deed was recorded before the first purchaser's deed.

Under the said rule, there are two requisites in order for the second buyer to prevail over the first buyer. To wit: 1) The second buyer did not know the earlier transfer, and 2) The second buyer's deed was recorded before the first buyer's deed.

In this case, only the first requisite has been complied with. The second buyer has no knowledge of prior recording of the deed. However, the second requisite is not present since Mr. Buyer has already recorded the deed even before Paula Purchaser recorded the same.

Hence, Mr. Buyer has the priority title over the property.