Recording Act Mechanical Application
This trap appears as a wrong-answer choice in 2 active questions. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property2
Example wrong choices
15017_repair-wall · REAL_PROPERTY · Choice ATimothy's claim is barred by adverse possession.
Why it's attractive
No element of adverse possession is satisfied — no party holds adversely
Why it's wrong
No element of adverse possession is satisfied — no party holds adversely
15017_repair-wall · REAL_PROPERTY · Choice BTimothy did not know about the covenant until after he incurred the expenses and therefore could not have relied on it.
Why it's attractive
The law does not require the promisee to know about the covenant before acting
Why it's wrong
The law does not require the promisee to know about the covenant before acting
15017_repair-wall · REAL_PROPERTY · Choice DThe deed from Peter to Daniel was never recorded.
Why it's attractive
Barnabas is an heir, not a purchaser — recording acts protect only BFPs
Why it's wrong
Barnabas is an heir, not a purchaser — recording acts protect only BFPs
15074_forged-deed-church-parcel · REAL_PROPERTY · Choice ALydia, because the credit union was negligent in failing to verify the recorded release before the sale.
Why it's attractive
The recording act imposes duties on purchasers searching the record, not on lenders monitoring it. This choice invents a negligence duty that doesn't exist.
Why it's wrong
The recording act imposes duties on purchasers searching the record, not on lenders monitoring it. This choice invents a negligence duty that doesn't exist.
15074_forged-deed-church-parcel · REAL_PROPERTY · Choice BLydia, because she was entitled to rely on the recorded release.
Why it's attractive
The recording act protects BFPs against unrecorded interests. But a forged/altered instrument is void ab initio — it's not 'unrecorded,' it's a legal nullity. Recording a void instrument doesn't give it life.
Why it's wrong
The recording act protects BFPs against unrecorded interests. But a forged/altered instrument is void ab initio — it's not 'unrecorded,' it's a legal nullity. Recording a void instrument doesn't give it life.
15074_forged-deed-church-parcel · REAL_PROPERTY · Choice Dthe credit union, because Lydia could have discovered the alteration by reasonable inquiry.
Why it's attractive
Constructive notice means searching the record, not investigating whether each recorded instrument is genuine. Imposing a duty to inspect for forgery would destroy the recording system.
Why it's wrong
Constructive notice means searching the record, not investigating whether each recorded instrument is genuine. Imposing a duty to inspect for forgery would destroy the recording system.
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