Is California a Race State or Race-Notice State? Where can I find the statute? Thank you.

Asked over 3 years ago - Jasper, AL

I am reviewing 2 documents that apparently cover the same tract of land, although the description differs slightly. It appears one was held for recording, while the other one was bought and recorded shortly thereafter. So, I am trying to determine which document is the effective one.

Attorney answers (1)

  1. Aaron Walter Broughman

    Contributor Level 8

    Answered . California is a race/notice state.

    Cal. Civ. Code Sec. 1214:
    "Every conveyance of real property or an estate for years
    therein, other than a lease for a term not exceeding one year, is
    void as against any subsequent purchaser or mortgagee of the same
    property, or any part thereof, in good faith and for a valuable
    consideration, whose conveyance is first duly recorded, and as
    against any judgment affecting the title, unless the conveyance shall
    have been duly recorded prior to the record of notice of action."

    Disclaimer: Nothing in this answer should be construed as legal advice, nor as creating an attorney-client relatioship. This answer is provided for informational purposes only.

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