In a priority dispute between a deed recorded in one county and a later deed recorded elsewhere, which statement is true?

In a priority dispute between a deed recorded in one county and a later deed recorded elsewhere, which statement is true?

• A. The later dated deed controls
• B. The earlier dated deed controls
• C. The deed recorded in the county of the property controls
• D. A new deed must be executed

Answer: (B)

The fundamental idea is that title priority follows the order of recording in the county where the property lies. A deed that is dated and recorded first in the proper county generally keeps priority over a later deed, even if the latter was recorded elsewhere. Recording in the correct county provides constructive notice to the world about the interest, and being first in time is the controlling factor. Since the later deed was recorded in a different county, it does not defeat the earlier recorded deed in the property's county, so the earlier dated deed controls. The other options misstate how priority works: a later deed would not automatically control, recording a new deed isn’t required to resolve the dispute, and priority isn’t determined merely by the county where a deed is recorded.

The fundamental idea is that title priority follows the order of recording in the county where the property lies. A deed that is dated and recorded first in the proper county generally keeps priority over a later deed, even if the latter was recorded elsewhere. Recording in the correct county provides constructive notice to the world about the interest, and being first in time is the controlling factor. Since the later deed was recorded in a different county, it does not defeat the earlier recorded deed in the property's county, so the earlier dated deed controls. The other options misstate how priority works: a later deed would not automatically control, recording a new deed isn’t required to resolve the dispute, and priority isn’t determined merely by the county where a deed is recorded.