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Real Property • Real Covenants
PROP#130
Legal Definition
Notice may be actual, inquiry, or record notice.
Plain English Explanation
There are 3 types of notice that satisfy the notice requirement:
(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) 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) Record notice, meaning the legal documents have been filed with the government and available to be checked by anyone who wishes to verify them.
Visual Aids
Related Concepts
How is an equitable servitude created?
How is an equitable servitude terminated?
How may a covenant be terminated?
In assessing an equitable servitude, when will a benefit run with the land?
In assessing an equitable servitude, when will a burden run with the land?
In assessing real covenants, how will courts treat racially restrictive covenants?
In assessing whether a real covenant will run with the land, what constitutes intent?
In assessing whether a real covenant will run with the land, what is horizontal privity?
In assessing whether a real covenant will run with the land, what is touch and concern?
In assessing whether a real covenant will run with the land, what is vertical privity?
What are the 5 equitable defenses against enforcement of an equitable servitude?
What is an equitable servitude?
What is a real covenant?
What is required for a benefit to run with the land?
What is required for a burden to run with the land?
What is the remedy for breach of an equitable servitude?
When may an equitable servitude be implied?
Which covenants always run with the land?
