constructive notice


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.