ND Bar Practice Questions - North Dakota Bar Examination Exam

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Two parties claim title to the same North Dakota parcel. The first buyer recorded after the second buyer, who paid value and had no notice of the first sale and recorded first. North Dakota's recording act is a notice-race (race-notice) type statute. Who prevails?

The second buyer, because she paid value without notice and recorded before the first buyer The first buyer, because she purchased first Neither, because the parcel reverts to the grantor The first buyer, because recording is irrelevant

Correct Answer:

The second buyer, because she paid value without notice and recorded before the first buyer

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