P.H. Marshall


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 of today.