Practice Quiz

Texas Real Estate Exam

Category - Texas

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Adams sold his house to Brooks, who did not record the deed, but took up residency there. Adams then sold the same property to Carr, who reviewed the county recorder’s records, but did not examine the property. Adams gave Carr a deed, which Carr recorded. Which of the following would be true concerning title to the property?

  1. Carr and brooks are co-owners of the property
  2. Carr now owns the property because he recorded his deed first
  3. Carr has recourse against Brooks for failure to record
  4. Brooks maintains title
Explanation

Answer: D. While Brooks did not record his deed, he did occupy the property and apparently was in possession of it. Possession gives constructive notice, and therefore Carr’s recording of his deed to the property would not create priority for his claim to be the owner.

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