Abstract
The Illinois Conveyances Act has been a muddled and marshy maze for nearly two centuries. As written, it appears to be a pure notice statute. However, courts have interpreted it as a race-notice statute. The difference in classification has far-reaching consequences and should not be overlooked. Illinois Senate Bill 2953, instead of reestablishing the Act’s proper application, would transform it to a pure-race act. Although the passing of Senate Bill 2953 may eliminate any confusion about the current discord between classifications, it would create worse problems. Instead of Senate Bill 2953, the Illinois General Assembly should adopt an unmistakable pure-notice recording act and put an end to the discord that has persisted for nearly two centuries.
Recommended Citation
Cory Torgesen,
The Illinois Conveyances Act: A 200-Year-Old Labyrinth Whose Changing Walls Continue to Provide Inadequate Protection for Subsequent Purchasers,
37
S. Ill. U. L.J.
695
(2013).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol37/iss3/8