It's best to be First in the "Race Recording"
Because of the recording of instruments of conveyance or encumbrance/lien, purchasers (and others dealing with title to property) may in good faith discover and rely upon the ownership of title or an interest therein.
While the Government Code does not specify any particular time within which an instrument must be recorded, priority of recordation will ordinarily determine the rights of the parties if there are conflicting claims to the same parcel of land/property, i.e., the title thereto or an interest therein. The instrument recorded first in the chain of title would generally achieve priority over subsequently recorded instruments (fact issues such as subordination or actual notice may affect priority notwithstanding recording dates).
The definition of the “Race Recording” or “Race-Notice Recording” statutes/laws is intended to describe the manner of achieving priority in the chain of title. Generally, the person winning the race gains priority. It is not a Law that a Deed has to be Recorded, but if liens are applied and Filed before it is Recorded, they most certainly will have precedent on the Title.
The county recorder in the county within which the property is located must record instruments affecting real property. In most Clerk/Recorder Office's, if property lies in more than one county, the instrument, or certified copy of the record, must be recorded in each county in which the property is located in order to impart constructive notice in the respective counties.
Disclaimer: This article is not meant to be Legal Advice, It is for informational purposes Only
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