Which rule applies under the Notice Act?

• A. First to record prevails
• B. BFP and first to record
• C. BFP prevails even if not first to record
• D. Last to record prevails

Answer: (A)

Under a Notice Act, priority in property interests is determined by the act of recording itself. The recording provides constructive notice to the world, so the interest that is recorded first takes precedence over later claims, regardless of who had actual knowledge later purchasers might claim to have. This makes the rule that the first to record prevails the best fit for how a Notice Act operates. The other formulations describe different recording regimes—such as rules that would let a bona fide purchaser prevail without regard to recording order, or that would reward the last to record—which do not align with the Notice Act’s emphasis on the order of recording.