constructive notice


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constructive notice

Notice that is deemed to have been received by a person,whether or not the person actually received it.

• All citizens are presumed to have constructive notice of the law.
• All persons have constructive notice of the contents of documents recorded in the public real estate records.
• The owner of property has constructive notice of any persons in actual possession of the property and claiming adversely to the owner.

References in periodicals archive ?
SOAs used to authorize non-real property actions on behalf of, or otherwise act for or bind the LLC, require only the initial filing with the department, which is conclusive in favor of a person who gives value in reliance on the grant of authority, subject to exceptions, but does not provide constructive notice.
First, it discusses the importance of allowing constructive notice under the FMLA in order to allow employees with mental health conditions realistically to benefit from the statute.
Constructive notice occurs where one knows facts that would lead a
The Uniform Commercial Code ("UCC") (133) does not apply to services (134) and, hence, its constructive notice provisions are not helpful.
2) The merchant either created or had actual or constructive notice of the condition which caused the damage, prior to the occurrence; and
Carlton maintained that he neither had actual nor constructive notice of the amendment.
Providing constructive notice to the persons affected by the policy may be required if sanctions are applied.
received constructive notice of the terms of the Group Policy that governed their agreement with Bancroft" and that they "relied on the policy to make five previous claims over their course of dealings with Bancroft, all of which 'Bancroft paid according to the terms of the policy.
The court also recognized that states are not deemed on constructive notice of potential claims simply because there is some public information surrounding a company's legal troubles in other states," said Jowers.
22, 2012), the Second District Court of Appeal affirmed the different tracks that recording and notice questions can follow, while at the same time highlighting the problems caused by Florida's approach to constructive notice.
Constructive notice occurs when a defective condition would have come to the property owner's attention if the property owner had exercised due care.

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