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Constructive Notice
Practical Law Glossary Item 8-509-3580 (Approx. 2 pages)
Glossary
Constructive Notice
Also known as legal notice. A legal presumption that a party has notice when it can discover certain facts by due diligence or inquiry into the public records. A party found to have constructive notice cannot deny knowledge of a fact because that party did not have actual knowledge, since there is a duty to conduct due investigation.
For example, constructive notice may be deemed given to third-parties when any of the following occur:
- A legal instrument is properly recorded in the public records.
- A legal notice is published in a pre-approved newspaper.
- There is physical possession of real property.