Also known as: notice to the world · constructive notice
Written by attorneys · grounded in primary & secondary sources — see below
A form of constructive notice achieved when an instrument affecting title or a lawsuit is properly recorded or publicly announced in a manner reasonably calculated to inform interested persons. Subsequent parties are treated as having knowledge of the recorded or announced matter regardless of actual awareness.
Victor granted Nora a recorded perpetual right to maintain an irrigation pipe across his farm. Victor later sold the farm to Lena. Lena discovered the recorded agreement after closing and refused to honor the pipe right. Because the agreement was recorded, Lena took the farm subject to Nora's interest.
A common grantor conveyed an easement over Blackacre to a stranger. The easement was recorded but not in the chain of title for Blackacre. A later purchaser of Blackacre claimed the easement was unenforceable. The purchaser took without constructive notice of the easement.
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A plaintiff attached land belonging to an absent defendant and published notice of the suit in a local newspaper. The defendant never received personal service. The court held that publication provided notice to all the world sufficient to support jurisdiction over the property.
A bank sought to settle a common trust fund and published notice to all beneficiaries. Some beneficiaries lived out of state and never saw the publication. The Court required notice reasonably calculated to reach known beneficiaries rather than publication alone.
A plaintiff obtained an ex parte prejudgment attachment of the defendant's real property. The defendant received no prior notice or hearing. The Court held that the attachment procedure violated due process because it lacked adequate safeguards before depriving the owner of property.
A company claimed trademark rights in a particular shade of green used on dry-cleaning pads. Competitors argued the color was functional and unprotectable. The Court held that color can serve as a trademark when it identifies source and is not functional.
Recording places the instrument in the public records and charges all subsequent purchasers with constructive notice of its contents. A purchaser who fails to search the records cannot claim lack of notice.
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An instrument is outside the chain of title when it is recorded in a different sequence of conveyances than the one through which the purchaser claims. Such an instrument does not provide constructive notice to the purchaser.
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Publication satisfies due process only when it is reasonably calculated to inform interested parties. When known parties can be identified, more direct notice is required.
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…then belongs to the legislature to determine whether the case calls for this kind of exceptional legislation, and what manner of constructive notice shall be sufficient to reasonably apprise the party proceeded against of the legal steps which are taken against him." In Happy v. Mosher , 48 id. 313, the court say: — "An approved…