Also known as: presumptive notices · constructive notice
Written by attorneys · grounded in primary & secondary sources — see below
A form of notice imputed by operation of law from the recording of an instrument in the chain of title or other public filing. A subsequent purchaser is charged with knowledge of all matters that a reasonable search of the public records would reveal.
Phoebe Park buys a parcel from a seller who had earlier granted an easement to a neighbor. The easement deed is recorded in the chain of title. When Phoebe later claims she had no knowledge of the easement, the court holds that the recording supplies presumptive notice and the easement binds her.
Pearl Porter purchases land from a common grantor. An earlier deed from the same grantor to a stranger conveying an easement over the parcel is recorded but lies outside Pearl's chain of title. The court rules that the out-of-chain recording does not supply presumptive notice, so Pearl takes free of the easement.
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Patrick Phan purchases land subject to a recorded mortgage. The mortgage instrument appears in the chain of title. When Patrick later claims he had no knowledge of the mortgage terms, the court holds that the recording supplies presumptive notice and binds him to the mortgage obligations.
Penelope Price purchases land from a grantor whose prior conveyance of an easement was recorded in the chain of title. Price later claims lack of knowledge. The court determines that the recording supplies presumptive notice of the easement, binding Price as a subsequent purchaser.
Pulse Media purchases land subject to a recorded covenant restricting use. Although the buyer claims no actual knowledge, the recorded instrument in the chain of title supplies presumptive notice, binding the purchaser to the restriction.
Paula Pierce buys a lot in a subdivision where every prior deed from the common grantor contained a residential-use restriction. Although her own deed omits the restriction, the court holds that the recorded deeds in the chain of title supply presumptive notice, binding her lot to the reciprocal negative easement.
Yes. A purchaser receives presumptive notice only of instruments that appear in the chain of title through which the purchaser claims. An instrument recorded outside that chain, such as a deed from the common grantor to a stranger, does not charge the purchaser with notice.
Recording acts protect a subsequent purchaser who takes without notice of prior unrecorded interests and who records first. Presumptive notice from a prior recorded instrument defeats the subsequent purchaser's status as a bona fide purchaser without notice.
Yes. Statutes may authorize publication or other forms of constructive notice that the law treats as presumptive notice sufficient to bind interested parties, provided the method is reasonably calculated to apprise them of the proceeding.
…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…