§6.2 - Types and Purposes of Recording Acts

• Jurisdiction: Washington

§6.2 TYPES AND PURPOSES OF RECORDING ACTS

The four possible types of recording acts along with the purposes of each are discussed below.

(1) Types

Of the four available types of recording acts, only one does not appear in Washingtonthe "race" type under which, as between two competing claimants, the one who first records will prevail. The two common types, "notice" and "notice-race," are of principal importance in Washington. Under the former, a subsequent claimant who takes without notice will prevail against the earlier claim based on an unrecorded instrument; under the latter, the subsequent claimant, to prevail, must not only take without notice but also win the race by recording before the earlier one does. Under a "grace-period" statute, the claimant will preserve a position if recording occurs within the "grace" periodthe mechanics' and materialmen's lien statute is an example. RCW 60.04.061.

Before the adoption in 1927 of the current notice-race statute, the Washington recording statutes were of the notice type, and in the 1927 act the section covering real estate contracts was of the notice type (that section was repealed by Laws of 1984, ch. 73). Care may be needed in applying earlier cases to current controversies because of this difference. In addition, other instruments properly of record, even though not within the 1927 act, may operate to give notice and thereby protect the position revealed by the recorded instrument. This proposition follows from the position long ago taken by the Washington...