Define: Recording Acts

Recording acts are statutes that govern the recording of real estate transactions, such as deeds, mortgages, and liens, in a public registry maintained by a government authority. These acts establish rules and procedures for recording and indexing documents relating to real property to provide notice to third parties about ownership interests and other encumbrances on the property. Recording acts serve several purposes, including protecting the rights of subsequent purchasers or creditors who rely on the public record, establishing priority of interests in real property, and facilitating the transfer of ownership. Common types of recording acts include race-notice, race, and notice statutes, which vary in their requirements for priority and notice to subsequent purchasers or creditors. Compliance with recording acts is crucial for parties involved in real estate transactions to ensure the validity and enforceability of their property interests.

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This glossary post was last updated: 29th March, 2024.