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notice in a newspaper or public record presumed to be legally sufficient notice of actions taken, for example, the recording of liens, escheats of abandoned property to the state, and so on. Constructive notice is enforceable under the law if given in a legally prescribed manner. Distinguish from actual notice, in which a person is notified of a pending action by letter or in person.
notice presumed by law to have been given. It is often accomplished by posting notices or by mailing notification to the defendant if he or she cannot be personally served. In real estate, recording a deed gives constructive notice of its existence.
the law presumes that everyone has knowledge of a fact when the fact is a matter of public record.
Example: Abel buys land from Baker, believing that Baker is the owner. Since Carter's deed had been properly recorded, Abel had constructive notice of Carter's ownership and cannot claim ownership against Carter.
Copyright © 2007, 2000, 1997, 1987, by Barron's Educational Series, Inc. Reprinted by arrangement with Publisher.
Copyright © 2004, 2000, 1997, 1993, 1987, 1984 by Barron's Educational Series, Inc. Reprinted by arrangement with Publisher.