§ 14-15-404 — Effect of recording instruments affecting title to property

(a) (1) Every deed, bond, or instrument of writing affecting the title, in law or equity, to any real or personal property within this state which is or may be required by law to be acknowledged or proved and recorded shall be constructive notice to all persons from the time the instrument is filed for record in the office of the county recorder of the proper county. (2) (A) A document filed under the Uniform Real Property Electronic Recording Act, § 14-2-301 et seq., is filed of record within the meaning of this subsection if recorded under § 14-15-407 during the county recorder's regular business hours. (B) A document received after the county recorder's regular business hours shall be recorded in the order received. (b) No deed, bond, or instrument of writing for the conveyance of any real estate, or by which the title thereto may be affected in law or equity, made or executed after December 21, 1846, shall be good or valid against a subsequent purchaser of the real estate for a valuable consideration without actual notice thereof or against any creditor of the person executing such an instrument obtaining a judgment or decree which by law may be a lien upon the real estate unless the deed, bond, or instrument, duly executed and acknowledged or proved as required by law, is filed for record in the office of the clerk and ex officio recorder of the county where the real estate is situated.

Legislative History

Acts 1846, §§ 1, 2, p. 77; 1846, §§ 1, 2, p. 108; C. & M. Dig., §§ 1536, 1537; Pope's Dig., §§ 1846, 1847; A.S.A. 1947, §§ 16-114, 16-115; Acts 2007, No. 734, § 4.