US-New YorkDoes New York follow a 'race-notice' recording system?
Yes, New York follows a race-notice recording system for real property interests.
What the Law Says
New York’s real property recording system determines priority among competing claims based on who records first — but only if that person is a bona fide purchaser for value and without notice of earlier unrecorded interests.
Under New York law, an unrecorded conveyance of real property is void against a subsequent purchaser for valuable consideration who records first and has no actual, constructive, or inquiry notice of the prior unrecorded interest.
This is known as the 'race-notice' rule: it combines elements of both 'race' (first to record) and 'notice' (must be without knowledge of prior claims). The rule applies to deeds, mortgages, leases, and other interests in land.
The statutory foundation is found in the New York Real Property Law (RPL), which establishes the effect of recording and defines when an unrecorded instrument loses priority.
Statutory TextEvery conveyance of real property… not recorded… shall be void as against any subsequent purchaser… in good faith and for a valuable consideration, whose conveyance is first duly recorded.
— Real Property Law § 291 — Effect of Recording
Statutory TextA purchaser… shall not be deemed to have notice… unless such conveyance appears of record in the office of the clerk of the county…
— Real Property Law § 292 — Notice from Record
What Courts Have Said
New York courts consistently apply the race-notice rule to resolve priority disputes between competing claimants to real property.
Although decided before modern NY statutes, this foundational case affirmed that New York’s recording system protects later purchasers who record first and act in good faith — a principle later codified in RPL § 291.
Held that a mortgagee who recorded after an unrecorded deed but before the grantee recorded lost priority because the mortgagee had inquiry notice of the prior transaction through visible occupancy and inconsistent title documents.
What to Do
Record your deed or mortgage immediately after closing — delay risks losing priority to a later bona fide purchaser who records first.
Conduct a title search before purchasing or lending to identify unrecorded interests and assess risk of notice.
Obtain title insurance to protect against hidden defects, unrecorded liens, or notice-based priority challenges.
Ensure your purchase is for valuable consideration and that you act in good faith — courts will examine conduct for signs of bad faith or willful ignorance.
Remember: even if you’re first in time, you lose priority if someone else records first *and* lacks notice of your interest.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.