Free tool · Property Law

Who Wins When an Owner Sells Land Twice?

When an owner sells the same land twice, the winner depends on the state’s recording act. Under a race statute, the first buyer to record wins. Under a notice statute, a later buyer who pays value and has no notice of the earlier deed wins. Under a race-notice statute, a later buyer wins only if they pay value, have no notice and record before the first buyer. With no statute, the first deed wins. Choose the statute and the facts to see who prevails.

Tool · Recording Act Resolver

Which kind of recording statute?

A recorded the deedB recorded the deedA recorded before B didB paid value (B is not a donee or heir)B had notice of A’s deed (actual, from the record, or from A’s possession)

B, the later buyer, has the better claim.

The rule: Race-notice statute: a later buyer wins only if they pay value, have no notice of the earlier deed and record before the earlier buyer.

A bought from O first. B bought later from the same owner O, who no longer owned the land.
B paid value, had no notice, and recorded before A: all three are needed, and B has them.

States differ in the type of statute, in what counts as notice and value and in the effect of ‘shelter’ rules and chain-of-title problems. A teaching aid, not a title opinion.

Owner O sells the same land first to A and later to B. Who wins depends on the state’s recording statute: a race statute (first to record), a notice statute (a later buyer without notice) or a race-notice statute (a later buyer without notice who records first). Choose the statute and the facts. Simplified general rules; states differ in what counts as notice and value. A teaching aid, not a title opinion and not legal advice. Runs in your browser; nothing is stored or sent.

How to use it

Choose the kind of recording statute.
Say whether each buyer recorded and who recorded first.
Say whether the later buyer paid value and had notice of the earlier deed.
Read the winner and the reasoning.

Common questions

What counts as notice?

Actual notice, constructive notice from the public record, and inquiry notice from facts such as the earlier buyer’s possession of the land.

Does a person who receives land as a gift have protection?

Generally not. Recording acts protect purchasers who pay value, not donees or heirs.

Which kind of statute do most states have?

Most states have notice or race-notice statutes, and very few have a pure race statute.

Learn the law behind the tool

This tool is part of our Property Law course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Property Law: Transactions and the Recording System.

More free law tools

General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.