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NOTICE STATUTE [1 record]

Record 1 2013-04-17

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
OBS

In general, recording statutes are classified as race statutes, notice statutes and race-notice statutes. Under a race statute, the first person to register his interest gains priority and notice is unimportant. Under a notice statute, notice is all-important and a subsequent taker obtains priority over an unregistered prior interest if, when his interest is acquired, he is without notice. He need not register so long as he is without notice when his interest is acquired. The race-notice statute requires the subsequent taker to be without notice (presumably when the interest is acquired) and to record his interest before the prior holder records. In general terms, the "Registry Act" in Ontario, and the Torrens system of registration are race-notice and race statutes, respectively, although judicial interpretation has blurred this basic distinction. (Anger and Honsberger, 2nd ed., 1985, p. 1594).

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
OBS

loi de priorité selon la connaissance : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

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