Skip to content

Transfer of Property, 8% of the examination

Recording

Placing an instrument in the county public record, which can provide constructive notice and affect priority under the recording laws.

Recording does not validate an invalid document, does not itself transfer title, and does not guarantee clear title. California follows a race-notice rule: a later purchaser must take in good faith, for value, and without notice, then record first to obtain priority over an earlier unrecorded conveyance. DRE materials describe possession by someone other than the seller as actual notice sufficient to impose a duty to inquire about that person's claim, even when the document supporting the claim was never recorded.

See also

Test the distinction

A relevant question from Transfer of Property, selected because its facts or explanation use this concept.

Transfer of Property ยท 8%Special Processes

What is the effect of recording a document in California?

Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanor under B&P Code section 123.

Primary sources

Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.

Where this is tested

Other terms in this area