Construct Notice For Free

Actual notice is defined as 'express information of a fact,' while constructive notice is that 'which is imputed by law.

Someone receiving notice (being informed of a case that could affect their interest - see: Notice) in fact, as opposed to Constructive Notice (where although that person did not receive notice in fact, the law will consider them to have received notice).

A prime example is allowing service by publication when a spouse has left the state to avoid service (legal delivery of a legal notice) in a divorce action. The legal advertisement of the summons in an approved newspaper is treated as constructive notice, just as if the summons and petition had been served personally.

Constructive notice is the legal fiction that someone actually received notice (being informed of a case that could affect their interest - see: Notice) whether or not they truly did receive this.

Constructive notice is the legal fiction that someone actually received notice (being informed of a case that could affect their interest - see: Notice) whether or not they truly did receive this.The notice under this doctrine arises by presumption of law from the existence of facts and circumstances.

An expressed actual notice is considered when a person receives information directly from another person or reads it. Example: John hears from his mother that there is an easement on the property he is interested in purchasing.

Someone receiving notice (being informed of a case that could affect their interest - see: Notice) in fact, as opposed to Constructive Notice (where although that person did not receive notice in fact, the law will consider them to have received notice). Note that constructive notice trumps actual notice.