Andrea was a good friend of Yveline and was frequently invited to spend holidays and vacations at the remote mountain property owned by Yveline’s uncle, Obi. One day, when Obi complained of not being spry enough to properly care for and utilize the mountain property, Andrea offered to buy it. Obi agreed and, in exchange for its reasonable market price, subsequently delivered to Andrea a warranty deed conveying the property to her. Andrea failed to record her deed. Two months later, Obi purported to convey the mountain property via warranty deed to Yveline, as a wedding present. Yveline immediately recorded her deed. The applicable recording act provides, “A conveyance of an estate in land (other than a lease for less than one year) shall not be valid as against any subsequent purchaser for value, except such person who has actual notice of it, unless the conveyance is properly recorded.”
Q. Assume for purposes of this question only that, instead of selling the mountain property to Andrea, Obi gave it to her out of their longstanding friendship. Further assume that, instead of subsequently delivering a deed to the mountain property to Yveline, that Obi died, leaving Yveline the mountain property in his will. Upon learning of the purported testamentary gift of the property to Yveline, Andrea recorded her deed and then brought an action to quiet title to the mountain property. Andrea will:
