Title 44, Chapter 2, Section 4
( 44-2-4)
(a) All innocent persons, firms, or corporations acting in good
faith and without actual notice which purchase real or personal
property for value or obtain contractual liens on the property from
distributees, devisees, legatees, or heirs at law holding or
apparently holding real or personal property by will or inheritance
from a deceased person shall be protected in the purchase of the
property or in acquiring such a lien thereon as against unrecorded
liens or conveyances created or executed by the deceased person upon
or to the property in like manner and to the same extent as if the
property had been purchased or the lien acquired from the deceased
person. (b) All innocent persons, firms, or corporations which purchase real
or personal property for value or obtain contractual liens on the
property from a surviving joint tenant, or surviving joint tenants,
holding or apparently holding real or personal property as a
surviving joint tenant, or surviving joint tenants, shall be
protected in the purchase of the property or in acquiring such a
lien thereon as against unrecorded liens or conveyances created or
executed by a deceased joint tenant upon or to the property, and as
against other unrecorded instruments resulting in a severance of any
joint tenant's interest, in like manner and to the same extent as if
the property had been purchased or the lien acquired from the
deceased joint tenant and surviving joint tenant, or surviving joint
tenants. |