Under the Race Act, which interests prevail?

Under the Race Act, which interests prevail?

• A. Race Act (Prop)
• B. Notice Act (Prop)
• C. BFP and first to record (Prop)
• D. Easements (Prop)

Answer: (D)

The main idea here is that some rights attach directly to the land and run with it, regardless of who records first. An easement is exactly that kind of real property interest: it creates a burden on the land that binds current and future owners and is enforceable against them. Even in a race-to-record regime, this land-based right persists and governs how the property can be used, taking priority over other claims that hinge on registration timing alone. So easements prevail because they are tied to the property itself and not just to who happens to record first.

The main idea here is that some rights attach directly to the land and run with it, regardless of who records first. An easement is exactly that kind of real property interest: it creates a burden on the land that binds current and future owners and is enforceable against them. Even in a race-to-record regime, this land-based right persists and governs how the property can be used, taking priority over other claims that hinge on registration timing alone. So easements prevail because they are tied to the property itself and not just to who happens to record first.