Substrate Record: qid 982

← back to the Substrate Record

qid 982 · law

Question: In 1993, a farmer had good record title to a farm in fee simple absolute. In 1994, the farmer delivered to his son, for a sum of $1,000, a deed signed by the farmer, naming the son and his heirs as grantee, and appearing valid on its face. The son neglected to record the deed. In 1998, an investor, aware of the existence of the farmer-to-son deed, sought out the farmer and asked to buy for $10,000 a deed of the farm from the farmer to the investor and his heirs. The farmer executed such a deed, and the investor promptly recorded it. The investor's intent was to acquire color of title and obtain ownership of the farm by adverse possession. In 1998, the investor constructed a fence around the farm. In 1999, the son presented his deed of the farm to a rancher and, for $15,000, paid by the rancher, signed and delivered a deed of the farm in favor of the rancher and his heirs. After receiving the deed, the rancher made no effort to search the title, to examine the property, or to record the deed. In 2003, a teacher paid the investor $20,000, and the investor delivered to the teacher a deed of the farm in favor of the teacher and his heirs. The teacher had examined the property, had searched the title, and was aware of the prior farmer-to-son instrument. Although the teacher did not reside on the property,he regularly visited the farm twice a week. The teacher recorded his deed. In 2007, for $25,000, paid by a professor, the rancher signed and delivered a deed of the farm naming the professor and his heirs as grantees. Before the professor had paid the rancher and taken his deed, the professor visited the farm and observed the fence. However, the teacher was not present when the professor visited the property, and nothing suggested who €”f anyone €”was using it. In any case, the professor did not attempt to search the title before making his purchase. The professor then recorded the deed. Note: This jurisdiction uses Grantor €”Grantee Indices and has no Tract IndexThe jurisdiction's recording act provides: "Every conveyance of real estate which is not recorded is void against a subsequent purchaser in good faith for valuable consideration, whose conveyance shall be first duly recorded. "In 2008, in an action to quiet title to the farm, which of the following parties would have priority of title?

1. The investor.
2. The professor, only if he had searched the title prior to his purchase.
3. The teacher.
4. The rancher.
5. The rancher, if he could prove he paid the highest price.
6. The farmer, if he could prove the initial sale to his son was invalid.
7. The professor.
8. The farmer's son.
9. The teacher, if he could prove he visited the farm regularly.
10. The investor, if he could prove he was the first to record the deed.

Our answer: G. The professor. Source quote machine-checked (exact quote)

A machine check confirms the quoted words appear at the source. A person has not yet reviewed these. EARN MARKS as a Human Reviewer