{"identifier":"/us/usc/t49/s44108","title":49,"num":"\u00a7\u202f44108.","heading":"Validity of conveyances, leases, and security instruments","text":"\u00a7\u202f44108.\nValidity of conveyances, leases, and security instruments\n(a)\nValidity Before Filing.\u2014\nUntil 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\u2014\n(1) the person making the conveyance, lease, or instrument;\n(2) that person\u2019s heirs and devisees; and\n(3) a person having actual notice of the conveyance, lease, or instrument.\n(b)\nPeriod of Validity.\u2014\nWhen a conveyance, lease, or instrument is recorded under\n(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\n(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.\n(c)\nApplicable Laws.\u2014\n(1) The validity of a conveyance, lease, or instrument that may be recorded under\nsection 44107 of this title\n(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.\n(d)\nNonapplication.\u2014\nThis section does not apply to\u2014\n(1) a conveyance described in\nsection 44107(a)(1) of this title\nAugust 22, 1938\n(2) a lease or instrument described in\nsection 44107(a)(2) of this title\nJune 20, 1948","url":"https://projectusc.org/usc/t49/s44108.html","content":[{"t":"sec","id":"/us/usc/t49/s44108","children":[{"t":"num","text":"\u00a7\u202f44108."},{"t":"heading","text":"Validity of conveyances, leases, and security instruments"},{"t":"subsec","id":"/us/usc/t49/s44108/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Validity Before Filing.\u2014"},{"t":"chapeau","text":"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\u2014"},{"t":"para","id":"/us/usc/t49/s44108/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the person making the conveyance, lease, or instrument;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s44108/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" that person\u2019s heirs and devisees; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s44108/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" a person having actual notice of the conveyance, lease, or instrument.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s44108/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Period of Validity.\u2014"},{"t":"chapeau","text":"When a conveyance, lease, or instrument is recorded under ","children":[{"t":"ref","text":"section 44107 of this title","href":"/us/usc/t49/s44107","tail":", the conveyance, lease, or instrument is valid from the date of filing against all persons, without other recordation, except that\u2014"}]},{"t":"para","id":"/us/usc/t49/s44108/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s44108/b/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s44108/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Applicable Laws.\u2014"},{"t":"para","id":"/us/usc/t49/s44108/c/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" The validity of a conveyance, lease, or instrument that may be recorded under ","children":[{"t":"ref","text":"section 44107 of this title","href":"/us/usc/t49/s44107","tail":" 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."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s44108/c/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t49/s44108/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Nonapplication.\u2014"},{"t":"chapeau","text":"This section does not apply to\u2014"},{"t":"para","id":"/us/usc/t49/s44108/d/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" a conveyance described in ","children":[{"t":"ref","text":"section 44107(a)(1) of this title","href":"/us/usc/t49/s44107/a/1","tail":" that was made before "},{"t":"text","text":"August 22, 1938","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t49/s44108/d/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" a lease or instrument described in ","children":[{"t":"ref","text":"section 44107(a)(2) of this title","href":"/us/usc/t49/s44107/a/2","tail":" that was made before "},{"t":"text","text":"June 20, 1948","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}