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Because our system of property, inherited from English common law, has a concept of a beneficial purchaser for value without notice. If someone gives you money
by singleshot_ 3y ago
Because our system of property, inherited from English common law, has a concept of a beneficial purchaser for value without notice. If someone gives you money for property and they are not on notice that there are conflicting claims, their claim is valid.
Such a system requires a way to establish constructive notice. A taker for value should have known that the land he was buying belonged to another if its ownership was properly recorded at the time of the purported sale.
Mileage may vary in different jurisdictions. Recording office May vary according to property type under state law; e.g., DMV might record motor vehicle titles while the county recorder in the county of the property probably records real estate.