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Real Property
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Two buyers claimed the same property after one recorded late and the other had inquiry notice. A party relied on common practice, but the record includes facts suggesting that practice was unreasonable or incomplete in this setting. The opponent argues that custom ends the analysis.
How should the court, tribunal, or decision maker resolve the dispute? Discuss the strongest arguments for each side, state the controlling rule for conveyancing and recording, apply it to the material facts, and explain the likely remedy or consequence.