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 ?
71) Second, courts have used notice in newspapers to provide constructive notice where the identities of individual class members are not reasonably ascertainable.
20) The independent variables of interest are the Euclidean distance from the nearest brownfield (bfdist, measured in feet) calculated using the XY coordinates of the centers of the parcels mapped in GIS (we also include distance squared--bfdist2--to allow for nonlinearity), con_notice, a binary variable indicating whether constructive notice was given before or during the year the property sold, and bfremediated, a binary variable indicating whether the nearest brownfield was remediated before or during the year the house sold.
In Szabo v Janeil Enterprises Ltd, a case involving an attempt to confirm a prior unregistered easement of which the holder of the fee simple interest had constructive notice, McKinnon J ruled that "fraud cannot be presumed, but instead must be strictly alleged and strictly proved.
The Court achieved criterial alignment, then, by rejecting constructive notice as a plausible basis for supporting a judgment of equitable fraud or victimisation in this context.
Not all instruments that end up being recorded impart constructive notice.
20) The plaintiffs further alleged that the defendants had actual and constructive notice of such harassment but allowed it to continue.
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.
Was there a reasonable opportunity for the property owner to have constructive notice of the alleged defect?
finding that the father had constructive notice of his paternity
This Article argues that independent invention should be a defense, provided the independent inventor creates the invention before receiving actual or constructive notice that someone else already created it.
20) The board held that for the actual knowledge of government inspectors to constitute constructive notice, there must be either complaints by the contractor or something so unusual about the physical condition as to place upon them the duty to report to their superiors.
If actual notice is not possible after a reasonable effort has been made, the physician performing the termination of pregnancy or the referring physician must give constructive notice in writing, signed by the physician, and mailed at least 72 hours before the termination of the minor's pregnancy to the last known address of the parent or legal guardian.

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