In a case where a deed dated February 1, 1977 was recorded in March 10, 1977, and a later San Francisco quitclaim deed was recorded three days after, which statement is true?

In a case where a deed dated February 1, 1977 was recorded in March 10, 1977, and a later San Francisco quitclaim deed was recorded three days after, which statement is true?

• A. The Quit Claim Deed is Paramount
• B. The Deed Executed February 1, 1977 would convey the real property to a new owner
• C. The Quit Claim Deed would prevail if the record owner was in fact in San Francisco at the time of the execution of the Deed
• D. A New Deed Needs to be Executed

Answer: (B)

The main concept is that recording acts give priority to the deed that is recorded first, as long as it is valid. In this case, the deed dated February 1, 1977 was recorded on March 10, 1977, and the quitclaim was recorded three days later. Because the February deed was recorded earlier, its conveyance controls over the later quitclaim, assuming the February deed was properly executed and delivered. Therefore, it would convey the property to its grantee, making that statement true. The quitclaim cannot prevail simply because it was recorded later, and the other options aren’t correct because residency of the grantor has no bearing on priority, and a new deed isn’t required to establish the earlier conveyance if it’s valid and properly recorded.

The main concept is that recording acts give priority to the deed that is recorded first, as long as it is valid. In this case, the deed dated February 1, 1977 was recorded on March 10, 1977, and the quitclaim was recorded three days later. Because the February deed was recorded earlier, its conveyance controls over the later quitclaim, assuming the February deed was properly executed and delivered. Therefore, it would convey the property to its grantee, making that statement true. The quitclaim cannot prevail simply because it was recorded later, and the other options aren’t correct because residency of the grantor has no bearing on priority, and a new deed isn’t required to establish the earlier conveyance if it’s valid and properly recorded.