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The use of a constructive notice
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[QUOTE="Holicent, post: 250702, member: 76163"] [FONT=Trebuchet MS] A constructive notice is a legal term that refers to a situation in which someone has knowledge of a fact without having received written or verbal notification. Constructive notice is most commonly used in real estate law to refer to situations where someone knows about their property because they have seen it or been told about it by someone else. Constructive notice may also be known as "constructive knowledge." It's important not to confuse constructive notice with actual notice, which requires an individual to have actual knowledge of something. Constructive notice means that an individual should have known about something because it was readily apparent. For example, imagine you rent an apartment from your landlord and she never tells you about any problems with the building. One day, you see some construction workers outside your window carrying lumber into the building next door. They are not there for work on your property but they are definitely doing something next door. This would give you constructive notice of the problem because it should be obvious that there is going to be some kind of construction going on next door if you pay attention. Another example might be if your landlord doesn't tell you that he's selling the house but he puts signs up all over town advertising it for sale at $1 million dollars. A constructive notice is a notice that you have knowledge of something. It can be used in many situations, but typically it's used as a defense against a claim or lawsuit. For example: If someone slips and falls on your property and it's your fault, they may sue you for damages. You can defend yourself by showing that you had no way of knowing about the defect in the property that caused their injury. A constructive notice is a good way to prove that you did not know about a dangerous condition.[/FONT] [/QUOTE]
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