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THE LAND TRANSACTION: CONVEYANCING & TITLE ASSURANCE

    RECORDING STATUTES

    N.C. GEN. STAT. § 47-18(a). Conveyances, contracts to convey, options and leases of land

    No (i) conveyance of land, or (ii) contract to convey, or (iii) option to convey, or (iv) lease of land for more than three years shall be valid to pass any property interest as against lien creditors or purchasers for a valuable consideration from the donor, bargainor or lessor but from the time of registration thereof in the county where the land lies …. [I]nstruments registered in the office of the register of deeds shall have priority based on the order of registration as determined by the time of registration…. (emphasis added)

    FLA. STAT. ANN. §695.01(1). Conveyances to be recorded

    No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law…. (emphasis added)

    CAL. CIV. CODE §1214. Prior recording of subsequent conveyances, mortgages, judgments

    Every conveyance of real property or an estate for years therein, other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded, and as against any judgment affecting the title, unless the conveyance shall have been duly recorded prior to the record of notice of action. (emphasis added)

    Consider: For consideration paid, Keith Conveys Blackacre to Nichole by written deed. Nichole fails to record the deed even though it is in her possession. Keith then conveys Blackacre to Tom for consideration, but Tom (who had no knowledge of the prior conveyance) also fails to record his deed. Then Nichole records her deed. Who owns Blackacre in North Carolina, Florida, and California, per the statutes above?

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