constructive notice

Not actual notice; such circumstances as the law deems the equivalent of actual notice since they are such as, under the law, put a party upon inquiry. 55 Am J1st V & P § 697. The substitute in law for actual notice, being based upon a presumption of notice which is so strong that the law does not permit it to be controverted. 39 Am J1st Notice § 7. Sometimes confused with "implied notice" which is a matter of actual notice rather than legal inference. 39 Am J1st Notice § 6. A recorded deed is an instance of notice. It is of no consequence whether the second purchaser has actual notice of the prior deed or not. He is bound to take, and is presumed to have the requisite notice. Legal notice is the same as constructive notice, and cannot be controverted by proof. Cooper v Flesner, 24 Okla 47, 103 P 1016. Recording statutes are intended ordinarily to make a recorded instrument effective to give constructive notice to all with whom the person in possession may undertake to deal. But the protection is not entirely one-sided or absolute. The statute has another function, namely, to provide an opportunity for investigation of the title. The opportunity to investigate is the foundation of constructive notice. But the statute is a bulwark, not a trap, and such notice may be negatived by the fraud or misrepresentations of the party recording the instrument. Fogle v General Credit, 74 App DC 208, 122 F2d 45, 136 ALR 814. See implied notice.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • constructive notice — see notice Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. constructive notice …   Law dictionary

  • Constructive notice — also known as the Doctrine of Constructive Notice is a legal fiction used in the law of both common law and civil law systems to signify that a person or entity is legally presumed to have knowledge of something, even if they have no actual… …   Wikipedia

  • Constructive notice — Constructive Con*struct ive, a. [Cf. F. constructif.] 1. Having ability to construct or form; employed in construction; as, to exhibit constructive power. [1913 Webster] The constructive fingers of Watts. Emerson. [1913 Webster] 2. Derived from,… …   The Collaborative International Dictionary of English

  • constructive notice — noun Notice of a fact which is created by operation of law, despite a lack of actual notice …   Wiktionary

  • constructive notice — /kənˌstrʌktɪv nəυtɪs/ noun 1. knowledge which the law says a person has of something (whether or not the person actually has it) because certain information is available to him if he makes reasonable inquiry 2. US a printed notice published in a… …   Dictionary of banking and finance

  • constructive notice — noun see notice I …   Useful english dictionary

  • notice — no·tice 1 n 1 a: a notification or communication of a fact, claim, demand, or proceeding see also process, service ◇ The requirements of when, how, and what notice must be given to a person are often prescribed by a statute, rule, or contract. b …   Law dictionary

  • constructive — con·struc·tive /kən strək tiv/ adj: created by a legal fiction: as a: inferred by a judicial construction or interpretation b: not actual but implied by operation of the law made a constructive entry when he refused to take the opportunity for a… …   Law dictionary

  • Constructive — Con*struct ive, a. [Cf. F. constructif.] 1. Having ability to construct or form; employed in construction; as, to exhibit constructive power. [1913 Webster] The constructive fingers of Watts. Emerson. [1913 Webster] 2. Derived from, or depending… …   The Collaborative International Dictionary of English

  • Constructive crimes — Constructive Con*struct ive, a. [Cf. F. constructif.] 1. Having ability to construct or form; employed in construction; as, to exhibit constructive power. [1913 Webster] The constructive fingers of Watts. Emerson. [1913 Webster] 2. Derived from,… …   The Collaborative International Dictionary of English

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