Recording Statute

What Is a Recording Statute?

A recording statute is the state law that governs which property claim takes priority when two or more people hold competing interests in the same property. Every state has one, and they fall into three categories: race statutes, notice statutes, and race-notice statutes. The recording statute answers a fundamental question: if a seller conveys the same property to two different buyers, who wins?

Florida's Race-Notice Recording Statute

Florida follows a race-notice recording statute under Chapter 695, Florida Statutes. Specifically, Section 695.11 provides that no conveyance, transfer, or mortgage of real property is valid against subsequent purchasers for valuable consideration and without notice, unless the instrument is recorded in the public records of the county where the property is located.

Under Florida's system, a subsequent buyer takes priority over a prior buyer only if the subsequent buyer:

1. Paid valuable consideration (not a gift or inheritance)
2. Had no actual or constructive notice of the prior unrecorded transfer
3. Recorded their deed first

All three conditions must be met. If the subsequent buyer knew about the prior transfer (even if it was never recorded), the subsequent buyer does not get priority regardless of who recorded first.

Why This Matters at Closing

The recording statute is the reason your title company records the deed and mortgage immediately after closing. Until a document is recorded, the buyer's ownership is vulnerable to a competing claim from someone who records first. The title company's job is to ensure that the buyer's deed is recorded in the county clerk's office as quickly as possible after closing, typically the same day.

It is also why the title search examines all recorded documents in the chain of title. An unrecorded deed creates a dangerous gap. If the seller conveys to Buyer A but Buyer A does not record, the seller could convey the same property to Buyer B. If Buyer B records first and had no knowledge of Buyer A's deed, Buyer B becomes the legal owner under Florida's race-notice statute.

Three Types of Recording Statutes

• Race — Whoever records first wins, regardless of knowledge. Very few states use this system.
• Notice — A subsequent buyer without notice wins, regardless of who records first. About half the states use notice statutes.
• Race-Notice (Florida) — A subsequent buyer wins only if they had no notice AND recorded first. This is the most protective system because it rewards both good faith and prompt recording.

Related Terms

• Chain of Title — The recorded ownership history created by the recording statute
• Clear Title — Requires all transfers to be properly recorded
• Abstract of Title — A summary of the recorded documents governed by the statute
• Cloud on Title — Can result from unrecorded or improperly recorded documents
• Title Search — The examination of recorded documents the statute governs

How Barnes Walker Protects Your Recording Priority

Barnes Walker Title records deeds, mortgages, and other closing documents with the county clerk on the same day as closing. The firm's closers and paralegals verify that each document meets Florida's recording requirements, including proper execution, notarization, and witness signatures, before submission. For questions about recording a document or a title search, submit a title inquiry.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC