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49 U.S.C. § 44108Validity of conveyances, leases, and security instruments

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 352 words · no verdicts yet

in plain englishAI-generated · not legal advice

A translation hasn’t been published for this section yet. The official text below is complete and authoritative.

the actual law source: uscode.house.gov ↗public domain
(a)Validity Before Filing.—

Until a conveyance, lease, or instrument executed for security purposes that may be recorded under section 44107(a)(1) or (2) of this title is filed for recording, the conveyance, lease, or instrument is valid only against—

(1)

the person making the conveyance, lease, or instrument;

(2)

that person’s heirs and devisees; and

(3)

a person having actual notice of the conveyance, lease, or instrument.

(b)Period of Validity.—

When a conveyance, lease, or instrument is recorded under section 44107 of this title, the conveyance, lease, or instrument is valid from the date of filing against all persons, without other recordation, except that—

(1)

a lease or instrument recorded under section 44107(a)(2)(A) or (B) of this title is valid for a specifically identified engine or propeller without regard to a lease or instrument previously or subsequently recorded under section 44107(a)(2)(C) or (D); and

(2)

a lease or instrument recorded under section 44107(a)(2)(C) or (D) of this title is valid only for items at the location designated in the lease or instrument.

(c)Applicable Laws.—
(1)

The validity of a conveyance, lease, or instrument that may be recorded under section 44107 of this title is subject to the laws of the State, the District of Columbia, or the territory or possession of the United States at which the conveyance, lease, or instrument is delivered, regardless of the place at which the subject of the conveyance, lease, or instrument is located or delivered. If the conveyance, lease, or instrument specifies the place at which delivery is intended, it is presumed that the conveyance, lease, or instrument was delivered at the specified place.

(2)

This subsection does not take precedence over the Convention on the International Recognition of Rights in Aircraft (4 U.S.T. 1830) or the Cape Town Treaty, as applicable.

(d)Nonapplication.—

This section does not apply to—

(1)

a conveyance described in section 44107(a)(1) of this title that was made before August 22, 1938; or

(2)

a lease or instrument described in section 44107(a)(2) of this title that was made before June 20, 1948.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1165; Pub. L. 108–297, § 5, Aug. 9, 2004, 118 Stat. 1097.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 1165
  • 2004Amended · Pub. L. 108-297 · 118 Stat. 1097

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.

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