constructive notice
When a law or agreement require that a person be aware of a right, obligation or fact in order for that right or obligation to have effect, the law provides that if a person has actual or constructive notice of a right, obligation or fact, the person is in fact legally aware of the right, obligation or fact.
Actual notice is notice given directly to, or received personally by, a party.
Constructive notice is notice arising by presumption of law from the existence of facts and circumstances that a party had a duty to take notice of, such as recorded covenants; also notice presumed by law to have been acquired by a person and thus imputed to that person.
Utah law recognizes two types of constructive notice.
(1) One type of constructive notice is
Members Area. This resource is available to members. Join us by subscribing today!