constructive notice

n.The communication of information in a manner that, by law, cannot be controverted or disputed because a party had the opportunity and obligation to be aware of it.


The intent of constructive notice is to give individuals an opportunity to protect their interests, to ensure that they are familiar with the details of an action, and to give all parties an opportunity to support or oppose the matter at issue. In the United States, many records are kept in a public office to provide constructive notice. Examples include, records of real property; births, marriages, and deaths (vital records); judicial decisions; minutes of public meetings. Many of these records are held by the office of a city or town clerk, a county recorder, or the secretary of state.


Am. Jur. 2d, Records ยง102 The doctrine of constructive notice rests on the idea that all persons may learn and actually know that of which the law gives notice and implies knowledge. The notice imparted by the due and proper record of an instrument, although called a constructive notice, is just as effectual for the protection of the rights of the parties as an actual notice by word of mouth, or otherwise.