Property OwnershipIntermediateNorth Carolina Exam

Under North Carolina's 'race-notice' recording statute, a subsequent buyer is protected against a prior unrecorded conveyance if the subsequent buyer:

ARecords first, regardless of notice
BPays valuable consideration and records first without notice of the prior conveyanceCorrect
CHad actual notice of the prior deed
DPurchases the property at a foreclosure sale, which reflects common industry practice

Why Pays valuable consideration and records first without notice of the prior conveyance Is Correct

Answer B: Pays valuable consideration and records first without notice of the prior conveyance

NC follows race-notice: to prevail, a subsequent purchaser must record first AND must have paid valuable consideration without actual or constructive notice of the prior deed.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

Key Property Ownership Terms in This Question

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