Under a race-notice statute, which combination of conditions must the subsequent purchaser satisfy to prevail?

• A. Records first and without notice
• B. Records last and with notice
• C. Records first and with notice
• D. Records first regardless of notice

Answer: (A)

Under a race-notice statute, the winner against a prior claimant is the person who both records first and has no notice of the prior conveyance. This blends two safeguards: prompt recording (the race) and lack of knowledge about any earlier interest (the notice). If you record first but know that someone else has a prior claim, you don’t satisfy the “without notice” requirement and can’t prevail. If you record last, even if you had no notice, you don’t satisfy the timing requirement. If you record first but have notice, you also fail because you lacked the required lack of notice. Therefore, the subsequent purchaser must be the first to record and must take without notice.