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A Historical Sketch Of The American Recording Acts, P.H. Marshall

Cleveland State Law Review

The Recording Acts have come into existence primarily to fulfill the "needs" and requirements of the people enacting them - the ultimate need being the protection of the bona fide purchaser for value in a real estate conveyance. However, the requirements of the people throughout the historical development of the law differed greatly. It is quite clear that the fore-running statutes of today's recording acts were based upon a revenue preservation basis rather than the protection of anyone. As land conveyance became more frequent, this pecuniary basis was transformed into a more equitable one, which finally formulated the recording acts …