constructive notice

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Knowledge that the law presumes a person to have even if he is actually ignorant of the facts. A purchaser of unregistered land has constructive notice of all matters that a prudent purchaser would discover on inspection of the property or proper investigation of the title (Law of Property Act 1925 s 199). It has also been held that a purchaser has constructive notice of the rights of any person (such as a spouse) who may reside on the property but is not an owner of the legal estate and therefore does not appear on the title deeds (Kingsnorth v Tizard [1986] 1 WLR 783). A purchaser of unregistered land is bound by all matters of which he has constructive, as well as actual, notice unless those matters are void against him for want of registration under the Land Charges Act 1972. Those dealing with registered companies have constructive notice of the contents of documents open to public inspection at Companies House. See also actual notice; imputed notice.

Subjects: Law.

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