What is "constructive notice"

Constructive \Con*struct"ive\, a. [Cf. F. constructif.]

1. Having ability to construct or form; employed in construction; as, to exhibit constructive power.

   The constructive fingers of Watts.
   --Emerson.

2. Derived from, or depending on, construction, inference, or interpretation; not directly expressed, but inferred.

3. helpful; promoting improvement; intended to help; as, constructive criticism; constructive suggestions. Contrasted with destructive.

   Constructive crimes (Law), acts having effects analogous to those of some statutory or common law crimes; as, constructive treason. Constructive crimes are no longer recognized by the courts.

   Constructive notice, notice imputed by construction of law.

   Constructive trust, a trust which may be assumed to exist, though no actual mention of it be made.

n. (context legal English) notice of a fact which is created by operation of law, despite a lack of actual notice.

Constructive notice is the legal fiction that signifies that a person or entity should have known, as a reasonable person would have, of a legal action taken or to be taken, even if they have no actual knowledge of it.

The doctrine is generally construed with regards to legal notices published, either by posting them at a designated place in a courthouse, or publishing them in a newspaper designated for legal notices. Because both methods of publication are available to the general public (courthouses being open to all members of the general public, and newspapers readily available in public places such as libraries), the person to whom the notice is being issued (even if issued in a generic form, such as "To All Heirs of John Smith, a Resident of Smith County") is considered to have received notice even if they were not actually aware of it.

Another use of constructive notice is in the recording of deeds, mortgages, liens, and similar documents in county registries in the United States. Since such documents are considered public information and can be accessed by any member of the public, such recordings are considered constructive notice of land conveyances or encumbrances having taken place.

In companies law the doctrine of constructive notice is a doctrine where all persons dealing with a company are deemed (or "construed") to have knowledge of the company's articles of association and memorandum of association. The doctrine of indoor management is an exception to this rule.

The New York City Housing Court allows use of the concept of constructive notice by either the tenant or the landlord. For example, constructive notice could be given to a landlord if a broken and unsupported metal grate on a public sidewalk which when stepped on by a pedestrian collapses. The landlord is reasonably expected to know that this is a safety hazard.