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A cаndy mаker purchаsed a stоre in a new strip mall in оrder tо sell candy-coated ice cream pellets. When the owner of the strip mall conveyed the store to her, he executed a valid, written deed that included a covenant to not permit any other store in the strip mall to sell candy-coated ice cream pellets. The candy maker did not record the deed. One month after purchasing the store, the candy maker was offered a prestigious job at a famous candy factory, so she quickly sold her store to an ice cream maker. Although the ice cream maker recorded the properly executed deed, the deed itself did not refer to the covenant prohibiting other candy-coated ice cream pellet stores. The owner subsequently decided to sell one of the two other stores in the strip mall to a chocolatier. The owner told the chocolatier that he could not sell candy-coated ice cream pellets because of the covenant in the candy maker's deed, but the chocolatier was not concerned because he planned to sell gourmet chocolates. The owner conveyed the property to the chocolatier in a properly executed deed, but the deed itself did not contain a covenant prohibiting him from selling candy-coated ice cream pellets. After seeing how popular the candy-coated ice cream pellets were with customers, the chocolatier changed his mind and began selling chocolate-coated ice cream pellets. The ice cream maker now sues the chocolatier to stop him from selling chocolate-coated ice cream pellets. The strip mall is located in a notice jurisdiction. Who will prevail?
The оwner оf lаnd dоnаted it to а charity by quitclaim deed. The charity did not record the deed. The following month, the owner sold the same land by warranty deed to a woman who paid valuable consideration and did not know about the prior gift of the land to the charity. The woman promptly and properly recorded her warranty deed. A month later, the charity recorded its quitclaim deed. The following year, the woman gave the property to her son by quitclaim deed. Although the land had remained undeveloped at all relevant times, the son discovered the possible conflict with the charity's claim after the conveyance. The son then recorded his deed. The recording act of the jurisdiction provides: "No unrecorded conveyance or mortgage of real property shall be good against subsequent purchasers for value without notice, who shall first record." Who owns the land?