Does recording act protection extend to interests acquired by operation of law such as adverse possession or prescriptive easements?

Does recording act protection extend to interests acquired by operation of law such as adverse possession or prescriptive easements?

• A. Yes, always
• B. No, not protected
• C. Only if recorded
• D. Only if it's a prescriptive easement

Answer: (B)

Recording acts guard the interests that arise through a recorded transfer of title. They’re designed so a purchaser or grantee who relies on the public record can take free of unrecorded claims. Interests created by operation of law—such as adverse possession or prescriptive easements—come about through use or occupancy and a statute's period, not through a deed or recorded instrument. Because there isn’t a conveyance that can be recorded to establish those rights, the recording act doesn’t provide protection for them. So, an adverse possessor or someone who gains a prescriptive easement isn’t shielded by recording acts in the same way a bona fide purchaser for value on a recorded deed would be.

Recording acts guard the interests that arise through a recorded transfer of title. They’re designed so a purchaser or grantee who relies on the public record can take free of unrecorded claims. Interests created by operation of law—such as adverse possession or prescriptive easements—come about through use or occupancy and a statute's period, not through a deed or recorded instrument. Because there isn’t a conveyance that can be recorded to establish those rights, the recording act doesn’t provide protection for them. So, an adverse possessor or someone who gains a prescriptive easement isn’t shielded by recording acts in the same way a bona fide purchaser for value on a recorded deed would be.