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Real Property • Conveyances
PROP#197
Legal Definition
There are 3 kinds of notice: (1) actual, (2) inquiry, and (3) constructive (check the records).
Plain English Explanation
There are 3 types of notice:
(1) Actual notice, meaning the person was actually aware and notified;
(2) Inquiry notice, meaning the circumstances would lead a reasonable person to inquire about the situation, which would then give them actual notice. By not inquiring, they are not acting like a reasonable person, and the court will treat them as if they chose not to be informed; and
(3) Constructive notice (also known as "record notice"), meaning the legal documents have been filed with the government and available to be checked by anyone who wishes to verify them.
(1) Actual notice, meaning the person was actually aware and notified;
(2) Inquiry notice, meaning the circumstances would lead a reasonable person to inquire about the situation, which would then give them actual notice. By not inquiring, they are not acting like a reasonable person, and the court will treat them as if they chose not to be informed; and
(3) Constructive notice (also known as "record notice"), meaning the legal documents have been filed with the government and available to be checked by anyone who wishes to verify them.
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