What does the term 'constructive notice' refer to?

The term 'constructive notice' refers to the legal presumption that information has been obtained by a person, even if they have not directly received that information or been explicitly informed of it. This is often used in real estate to indicate that an individual should have known about a particular fact because that information was available or could have been discovered through reasonable diligence.

In the context of real estate, constructive notice typically involves public records, such as property deeds, which anyone can access. If a property is recorded in these public records, a buyer is expected to be aware of its contents. This allows for the affirmation of rights and claims over properties, as the law holds individuals accountable for knowledge of facts that are publicly accessible.

In contrasting options, expiring leases don’t relate directly to the concept of constructive notice, as they pertain to contractual obligations rather than knowledge of information. Explicit communication of property boundaries involves direct information, which is more aligned with actual notice rather than constructive notice, where there is no direct communication. Similarly, direct observation of property use is also tied to actual notice, where a person physically sees something rather than having the potential to know it through available information.

Therefore, the notion of knowledge of a fact that could have been obtained, or