There are three types of notice.
For the recording system to provide notice effectively, deeds must be recorded accurately so searchers can find them. Defects in a deed can affect its validity or its recordability.
Gaps in the chain of title due to inheritance or devise do not invalidate inquiry notice, even if the heirs or devisees do not record their interests.
Forgery invalidates a deed.
Invalid delivery invalidates inquiry notice, but courts generally hold that the recording of a deed creates a rebuttable presumption of valid delivery.
States are split whether a deed with defective acknowledgment provides defective notice, but some states have "curative" statutes deeming the deed valid after a certain number of years.
Chain of Title Problems
- Deeds recorded too early or late
- Court are split on whether deeds recorded too late (after adverse conveyances) give constructive notice.
- Most courts hold that deeds recorded too early (before the grantor had title himself) do not provide constructive notice.
- Multiple chains of title from a common owner
The traditional rule is that a deed provides constructive notice to subsequent purchasers even if the recorder misindexes it, but some courts have held that a misindexed deed does not.