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    TYPES of Legal Notice

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    Shubhanjali
    There are several types of legal notices, each serving a different purpose. Actual notice refers to direct information given to a party, which can be express or implied. Constructive notice refers to information a party should have known based on circumstances. Inquiry notice applies to real property purchases and requires a reasonable investigation outside of public records. Notice recording statutes validate title for subsequent bona fide purchasers who buy property without notice of prior unrecorded conveyances.

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    TYPES of Legal Notice

    Uploaded by

    Shubhanjali
    2K views1 page
    There are several types of legal notices, each serving a different purpose. Actual notice refers to direct information given to a party, which can be express or implied. Constructive notice refers to information a party should have known based on circumstances. Inquiry notice applies to real property purchases and requires a reasonable investigation outside of public records. Notice recording statutes validate title for subsequent bona fide purchasers who buy property without notice of prior unrecorded conveyances.

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    TYPES of Legal Notice

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    There are several types of legal notices, each serving a different purpose. Actual notice refers to direct information given to a party, which can be express or implied. Constructive notice refers to information a party should have known based on circumstances. Inquiry notice applies to real property purchases and requires a reasonable investigation outside of public records. Notice recording statutes validate title for subsequent bona fide purchasers who buy property without notice of prior unrecorded conveyances.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views1 page

    TYPES of Legal Notice

    Uploaded by

    Shubhanjali
    There are several types of legal notices, each serving a different purpose. Actual notice refers to direct information given to a party, which can be express or implied. Constructive notice refers to information a party should have known based on circumstances. Inquiry notice applies to real property purchases and requires a reasonable investigation outside of public records. Notice recording statutes validate title for subsequent bona fide purchasers who buy property without notice of prior unrecorded conveyances.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    TYPES:

    There are various types of legal notices which can be drafted for the client, and each of
    which has different results. In general, notice deals with information that a party knows
    or should have known. In this context legal notice is an essential element of due process
    or rather a first step to initiate legal action against the other party. Notice can also refer
    to commonly known facts that a court or Administrative Agency may take into evidence
    when a court case is filed subsequently.

    Actual notice is information given to the party directly. The two kinds of actual notice
    are express notice and implied notice. An individual is deemed to have been
    given express notice when he or she actually hears it or reads it. Implied notice is
    deduced or inferred from the circumstances rather than from direct or explicit words.
    Courts will treat such information as though actual notice had been given.

    Another term which is very common is Constructive notice. It is information that a


    court deems that an individual should have known. According to a Rule of Law that
    applies in such cases, the court will presume that a person knows the information
    because she could have been informed if proper diligence had been exercised.
    Constructive notice can be based on a legal relationship as well. For example, in the law
    governing partnerships, each partner is deemed to have knowledge of all the
    partnership business. If one partner engages in dishonest transactions, the other
    partners are presumed to know, regardless of whether they had actual knowledge of the
    transaction. The term legal notice is sometimes used interchangeably with constructive
    notice.

    In certain cases involving the purchase of real property, an individual is charged with
    inquiry notice. When an individual wishes to purchase land, he ordinarily has the duty
    under the recording acts to check the title to the property to determine that the land is
    not subject to any encumbrances, which are claims, liens, mortgages, leases, easements
    or right of ways, or unpaid taxes that have been lodged against the real property. In
    some situations, however, the individual must make a reasonable investigation outside
    of the records, such as in cases involving recorded but defective documents. This type of
    notice is known as inquiry notice.

    Some states have notice recording statutes that govern the Recording of Land Titles.
    Whereas inquiry notice deals with looking closely at documents that have been
    recorded, notice recording statutes state that an unrecorded conveyance of property is
    invalid against the title bought by a subsequent bonafide purchaser for value and
    without notice. This means that if Ram purchases a piece of land on a contract for deed
    from Ravi and does not record the contract for deed, and if Ravi resells the land to
    Pavan, who has no notice of the prior sale, then Pavan as a bonafide purchaser will
    prevail, and Rams conveyance will be invalid.

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