Also known as: charge with notice · charges with notice · charging with notice · imputed notice · constructive notice
Written by attorneys · grounded in primary & secondary sources — see below
Knowledge or awareness imputed to a party by operation of law from sources such as recorded instruments in a chain of title. The imputation arises because the party is treated as having examined the public records that affect title to the property. This imputation determines priority under recording acts and binds the party to the contents of those records even without actual knowledge.
Cascade Environmental Services leased a storage yard from Ironworks Redevelopment. GreenRiver Conservancy held a recorded conservation easement granted three years earlier that barred commercial use of the same land. Cascade began industrial operations without searching the records. GreenRiver enforced the easement and Cascade's leasehold yielded because Cascade was charged with notice of the prior recorded interest.
Cody Callahan purchased Blackacre from a grantor whose deed traced through a recorded chain. An easement benefiting a neighboring parcel appeared only in a deed from the same original owner to a stranger. Callahan later objected when the neighbor asserted the easement. The easement gave no constructive notice because it lay outside the chain of title through which Callahan claimed.
Select any source to read its text and confirm it supports the definition.
Carmen Choi sued a cigarette manufacturer alleging breach of express warranty. The manufacturer had published advertisements claiming its product posed no health risks. Choi argued the ads overcame any duty to investigate dangers. The court considered whether Choi could be charged with notice of contrary information despite the manufacturer's statements.
Catherine Carter sued to quiet title to Oregon land against a nonresident defendant. The statute authorized publication of summons when personal service was impossible. The defendant later claimed the judgment was void for lack of notice. The court examined whether publication reasonably charged the defendant with notice of the proceeding.
Corinne Cho served as trustee of a common trust fund. The bank petitioned for judicial settlement of accounts. Some beneficiaries lived out of state and received only publication notice. The court assessed whether publication sufficiently charged those beneficiaries with notice of the accounting proceeding.
Canyon Construction used a distinctive green shade on its equipment. Qualitex later registered the same color for press pads. Canyon argued it had used the color first in the industry. The dispute turned on whether Canyon was charged with notice of Qualitex's federal registration through ordinary trademark searches.
A purchaser is charged with notice when a prior interest appears in the chain of title through recorded instruments. The purchaser is treated as having examined those records and therefore cannot claim lack of knowledge. This imputation determines whether the purchaser qualifies as a bona fide purchaser under recording acts.
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No. Under the chain of title doctrine a purchaser receives constructive notice only of instruments that appear in the direct chain through which title is traced. An easement or covenant recorded in a deed to a stranger lies outside that chain and does not impute notice.
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When the easement is recorded before the lease the tenant is charged with notice of the easement. The tenant therefore takes subject to the easement and cannot claim protection under a notice recording statute. The earlier recorded interest remains paramount.
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Yes. Statutes may authorize publication when personal service is impracticable. If the publication is reasonably calculated to apprise the party of the proceeding the party is charged with notice even without actual receipt.
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…then belongs to the legislature to determine whether the case calls for this kind of exceptional legislation, and what manner of constructive notice shall be sufficient to reasonably apprise the party proceeded against of the legal steps which are taken against him." In Happy v. Mosher , 48 id. 313, the court say: — "An approved…