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MMLU / A vintner owned a vineyard in fee simple absolute. The deed by which the…

Problem

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question

A vintner owned a vineyard in fee simple absolute. The deed by which the vineyard was conveyed to her was properly recorded. The vintner sold the vineyard to a husband and wife as tenants in common, who did not record the warranty deed by which the vintner conveyed the vineyard to them. The husband subsequently sold and conveyed his undivided one-half interest in the vineyard to a friend. The friend promptly recorded his deed. Some time later, the vintner purported to convey the vineyard to a farmer, for valuable consideration. The farmer, who had no actual knowledge of any previous conveyances of the vineyard, recorded her deed. The jurisdiction maintains alphabetical grantor and grantee indices. The applicable recording statute provides, "Every conveyance of real property is void as against any subsequent purchaser of the same property (or any part thereof) in good faith and for a valuable consideration, whose conveyance is first duly recorded. " None of the various grantees of the vineyard has entered into possession in a manner that would put anyone on inquiry notice as to their interest therein. Who owns the vineyard?

choices

  1. The friend, because he recorded his deed before the farmer recorded.
  2. The friend and the wife, because the friend's deed would put the farmer on inquiry notice as to the wife's interest in the vineyard.
  3. The farmer, because the husband €”friend deed is outside the farmer's chain of title.
  4. The friend and the farmer, as tenants in common.

subject

professional_law

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Source and history

task_id
72db1f97-f164-552f-9186-fd888a973e69
task_key
all--test--72db1f97-f164-552f-9186-fd888a973e69
task_revision_id
1
config / split
all / test

Official source

initial import