Which type of transmutation is effective against persons relying on the recorded title?

Prepare for the Legal Aspects of Real Estate Test. Utilize flashcards and multiple choice questions with hints and explanations. Ace your exam!

The choice of written and recorded transmutation is correct because it refers to the process in which a property title change is officially documented and filed with the appropriate governmental authority, thereby providing public notice of the change. This encompasses the principle of "constructive notice," which asserts that when a title change is recorded, it is known to all parties, including potential buyers and creditors. Thus, individuals relying on the recorded title have protections against actions that could alter their rights in regard to the property.

When a transmutation is recorded, it establishes a legal presumption, allowing the public to rely on the accuracy of the public records. This contrasts significantly with verbal agreements, which lack legal standing unless formalized in writing and recorded, making them much less reliable in the eyes of the law.

Similarly, while written but unrecorded agreements may be enforceable between the parties involved, they do not provide notice to third parties. This lack of public disclosure means that individuals relying solely on recorded title could be unaware of any unrecorded claims or interests in the property.

Implied transmutation involves changes that occur through actions or circumstances rather than formal documentation. This form of transmutation does not offer any direct assurance to third parties, increasing the risk for those relying on the

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy