Chornuk v. Nelson
Supreme Court of North Dakota
839 N.W.2d 342 (N.D. 2013)
The Chornuks (plaintiffs) received an unrecorded warranty deed to a property in 1986, but didn't record it until 2010; in the interim, in 2005, the original grantor's widow conveyed the same property to the Nelsons (defendants) by a deed that was promptly recorded. The Chornuks had been visibly mowing the property, planting trees, installing irrigation, and performing other maintenance throughout this period, and the Nelsons admitted driving past the property daily and observing this activity, though they claimed not to know who specifically was performing it or why. After recording their deed, the Chornuks sued to quiet title, and the trial court found the Nelsons had constructive notice of the Chornuks' interest and weren't good-faith purchasers; the Nelsons appealed.
Whether a later purchaser of real property has constructive notice of an earlier, unrecorded conveyance when the earlier grantee's possession and use of the property were open and notorious, even though the later purchaser didn't know the specific identity or basis of that possession.