Constructive Notice - Law Dictionary Search Results
Home Dictionary Name: constructive noticeConstructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
constructive notice
constructive notice see notice ...
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
notice
notice 1 a : a notification or communication of a fact, claim, demand, or proceeding see also process, service NOTE: The requirements of when, how, and what notice must be given to a person are often prescribed by a statute, rule, or contract. b : awareness of such a fact, claim, demand, or proceeding actual notice 1 : actual awareness or direct notification of a specific fact, demand, claim, or proceeding [had actual notice of the meeting] called also express notice 2 : implied notice in this entry constructive notice : notice that one exercising ordinary care and diligence as a matter of duty would possess and esp. that is imputed by law rather than from fact [held to have constructive notice of the prior recorded deed] compare recording act express notice : actual notice in this entry implied notice : notice that is imputed to a party having knowledge of a fact or circumstance that would cause a reasonable party to inquire further or having possession of a means of know...
Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
race-notice
race-notice [race from the notion of two parties rushing to the courthouse in order to be the first to record a claim or interest on the same property] : of, relating to, or being a recording act which stipulates that an unrecorded deed, mortgage, or lien shall not be valid against a recorded one unless the recording party (as a subsequent purchaser from the same seller) had notice of the interest or claim of the other party when recording compare notice, pure race NOTE: If one party purchases a property and records the deed, a subsequent purchaser is normally held to know about it — to have “constructive notice” of it — as a matter of law since it is a matter of public record. Under a race-notice statute, however, a subsequent purchaser cannot have constructive notice of an unrecorded deed, and so the recorded deed has priority unless the purchaser actually knew about — had “actual notice” of — the unrecorded deed. ...
Constructive trust
Constructive trust, a trust which the Court elicits by a construction put upon certain acts of parties. It arises upon a vendor's lien or charge upon land sold for unpaid purchase money, and generally, when an estate is subject to a trust or equitable interest or lien, and a person purchases it for value, with either actual or constructive notice of it, the estate will still be subject to the trust or equitable interest in the hands of such a purchaser.The doctrine of constructive trusts also arises upon the renewal of a lease by a trustee, or person having a limited interest, in his own name, even in the absence of fraud and upon the refusal of the lessor to grant a new lease to the cestui que trust or expectant; for such renewed lease is held upon trust for the person beneficially entitled to the old lease or the expectant, in order to prevent persons in fiduciary situations from acting so as to take a benefit for themselves. This doctrine is extended to the renewal of leases by one ...
Date of service of the notice
Date of service of the notice, the expression, date of service of notice' in Col. 3 of Art. 158 of the Limitation Act to mean only a notice in writing served in a formal manner. The word 'notice' means not only a formal intimation but also an informal one. Service of a notice would include constructive or informal notice, Nilkantha Sidramappa Ningashetti v. Kashinath Somanna, AIR 1962 SC 666 (669): (1962) 2 SCR 551. [Arbitration Act, 1940, s. 14(2), 39(1)(vi), 42]...
trademark
trademark : a mark that is used by a manufacturer or merchant to identify the origin or ownership of goods and to distinguish them from others and the use of which is protected by law see also dilution, infringement, strong mark, weak mark Trademark Act of 1946 in the Important Laws section compare copyright, patent, service mark NOTE: The Patent and Trademark Office registers trademarks and service marks that are used in interstate commerce or in intrastate commerce that affects interstate commerce. There are also state registration statutes for marks used in intrastate commerce. A trademark or service mark need not be registered for an owner to enforce his or her rights in court. The common law recognizes ownership of a trademark, established by actual and first use of the mark, but it extends only to the areas or markets where the mark is used. Federal registration of a trademark gives rise to a federal cause of action for infringement in addition to the common-law claim. Regist...
Benamidar
Benamidar, a benamidar is an ostensible owner and if a person purchases from a benamidar, the real owner cannot recover unless he shows that the purchaser had actual or constructive notice of the real title. But from this it does not follow that the benamidar has real title to the property, he is merely an ostensible owner thereof, Controller of Estate Duty v. Aloke Mitra, AIR 1981 SC 102 (111): (1981) 2 SCC 121. [Estate Duty Act, 34 of 1953]...
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