Under a notice recording statute, what must a purchaser do to prevail against prior interests?

• A. Purchase without notice of prior interest
• B. Record before other interests
• C. Be in good faith and record last
• D. Pay more than value

Answer: (A)

Under a notice recording statute, the pivotal requirement is that the purchaser take title without notice of any prior interest. If the buyer has no actual or constructive knowledge of a prior claim at the time of purchase, that prior interest is defeated, even if it exists or was recorded earlier. The focus is on the buyer’s lack of notice, not on who records first or how much they paid. Paying more than value or recording last is not what determines the outcome under a pure notice statute; those factors matter in race or race-notice states. So the correct approach is to purchase without notice of the prior interest.