Which type of recording statute protects a later purchaser who didn't have notice of a prior interest?

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Study for the University of Central Florida REE3433 Real Estate Law Exam. Engage with flashcards and multiple choice questions, with hints and explanations for each question. Prepare effectively for your test!

The choice of the notice statute is correct because this type of statute is specifically designed to protect a subsequent purchaser who acquires an interest in property without being aware of any earlier claims or interests on that property. Under notice statutes, if a later buyer purchases the property without any actual, constructive, or implied notice of a prior unrecorded interest, that buyer's interest is protected.

This is particularly important because it allows innocent purchasers to be secure in their investment; they can rely on the absence of any recorded interests when they complete the purchase. The focus here is on whether the later purchaser had knowledge of prior claims, with the statute favoring those who could not reasonably ascertain conflicting interests prior to their purchase.

In contrast, race statutes prioritize who records first, regardless of notice. Race-notice statutes require that a subsequent purchaser not only be without notice of prior interests but also be the first to record their interest to gain priority. Priority statutes are more about establishing the order of interests rather than protecting unwitting purchasers per se. Thus, in scenarios involving properties with complex ownership histories, understanding the protections offered by a notice statute is vital for ensuring buyers are not unfairly disadvantaged.