Real Property: The Recording System: Chain of Title Problems: The Problem of the Wild Deed

The Problem of the Wild Deed: If a deed, entered on the records (A to B), has a grantor unconnected to the chain of title (O to A), the deed is a wild deed. It is incapable of giving record notice of its existence.
  • EX: O sells Blackacre to A, who does not record. Then, A sells to B. B records to A-to-B deed.
    • The A to B deed, although not recorded, is NOT connected to the chain of title because it contains a missing grantor. The O to A link is missing from the public records. Thus, the A to B deed is a wild deed.
    • O, our initial grantor and dirty double dealer, then sells Blackacre to C. Assume that C has no actual or inquiry knowledge of the O-to-A or A-to-B conveyance. C records.
      • O has skipped town. In the contest of B vs. C, who prevails? C wins, in both a notice and race-notice state. C wins in a notice state because at the time C takes, she is a BFP. C wins in a race-notice state because she is a BFP who has won the race to record. C wins the race to record because B’s recording is a nullity.