Constructive notice

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There are three types of notice by which a party may be held to have had knowledge of a particular fact: actual notice, implied notice (or implied actual notice), and constructive notice. ‘Constructive notice’ is the inference of such knowledge by operation of law, as under a recording statute. McCausland v. Davis, 204 So. 2d 334, 334-36 (Fla. 2d DCA 1967)

Constructive notice is a legal inference that is imputed to one not having actual notice. Sapp v. Warner, 141 So. 124, 127 (1932). It is a fiction that is imputed by the law primarily for the promotion of sound policy. Schoedel v. State Bank of Newburg, 13 N.W.2d 534, 535 (1944). It is not actual knowledge of a fact. Joseph Bucheck Const. Corp. v. W.E. Music, 420 So.2d 410, 412-13 (Fla. 1st DCA 1982).

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