A deed is properly recorded in the county records before a later purchaser checks title. Even if the later purchaser never actually reads it, what kind of notice is the purchaser treated as having?
Correct Answer
B) Constructive notice
Recording a document in the county where the land lies gives constructive notice to everyone who later deals with the property: the law imputes knowledge of what the records contain whether or not the person searches them. Actual notice, by contrast, is real knowledge however it was acquired, and inquiry notice comes from visible facts that should prompt an investigation. Because the deed was on record and available to be found, the later purchaser takes subject to it even though it was never read.
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Related Topics & Key Terms
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Related Concepts
Actual notice means a person has direct, personal knowledge of a fact or interest in real property. This can come from being told, seeing something firsthand, or any form of direct awareness.
Adverse possession is a legal doctrine that allows a person to claim ownership of land by occupying it continuously for a statutory period under specific conditions, without the true owner's permission.
A bargain and sale deed implies that the grantor holds title and possession of the property but does not include warranties against encumbrances or title defects.
More Transfer Of Property Questions
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- → Under California law, what is the consequence when a property buyer fails to file the Preliminary Change of Ownership Report (PCOR) at the time the deed is recorded?
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