To protect against prior unrecorded deeds, a grantee must possess which quality?

Prepare for the West Virginia CPLTA Test. Study with interactive resources, flashcards, and multiple choice questions, each with detailed explanations. Ace your exam!

To protect against prior unrecorded deeds, the grantee must possess a complete lack of notice of the prior deed. This principle is rooted in the doctrine of "notice" in real estate transactions. If a grantee has no notice of a prior unrecorded deed, they may be able to claim superior rights to the property if they properly record their deed. This is based on the notion that unrecorded deeds are not effective against subsequent purchasers who do not have actual or constructive knowledge of those deeds.

In real estate law, "notice" can be actual (direct knowledge) or constructive (knowledge that one should have obtained through public records). Therefore, possessing a complete lack of notice means the grantee can assert their rights to the property without concern for the unrecorded deed. If they had knowledge of the prior deed, they would be held accountable for that knowledge and could not successfully claim priority over a prior unrecorded deed. Thus, understanding the concept of notice is crucial for grantees to protect their interests effectively.

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