What type of jurisdiction does Delaware's recording act follow?

Delaware's recording act operates under the principles of pure race jurisdiction. In a pure race jurisdiction, the first party to record their interest in a property has priority over any subsequent interests, regardless of whether those subsequent parties were aware of the earlier interests. This means that even if a subsequent buyer had no knowledge of a prior unrecorded interest, the mere act of recording provides the first recorded interest with superior rights.

This system encourages prompt registration of property interests to establish clear ownership. It thus protects the interests of those who take the initiative to ensure their claims are officially documented. In Delaware, once an interest is recorded, it gains priority over any conflicting claims, emphasizing the importance of the recording process in securing property rights.

By contrast, other forms of jurisdiction might allow for different interpretations regarding knowledge or notice of prior claims, which is not applicable in Delaware's pure race approach. This characteristic of the recording law provides clarity and predictability in real estate transactions within the state.