Race Notice Statute
In New York, priority to real property ownership is given to a subsequent bona fide purchaser who, at the time he or she takes the deed, has no Constructive, Inquiry, or Actual Notice of a prior unrecorded deed, and he or she is the first to record his or her deed. This protects the first person without notice who records his or her deed.
- Example : Hilda sells her property to Lillian on Monday; before Lillian records the deed, Hilda sells the same property to Charlotte, a bona fide purchaser unaware of Hilda’s previous sale of the same property to Lillian. Charlotte records her deed before Lillian. Charlotte has good title to the property and is given priority over Lillian.
