Chapter 15 Acknowledgement, Recording, and Constructive Notice Vocabulary

Acknowledgement

A formal declaration made before a notory public or other authorized person, by a person who has executed an instrument, that such execution is his free act and deed.

Bonafide Purchaser

A purchaser who is acting in good faith; without fraud; genuine; real.

Bona Fide

Acting in good faith without fraud; genuine; real.

Attestation

An act of witnessing in writing another's execution of an instrument; to affirm to be true or genuine.

Actual Notice

It is assumed that any instrument that has been recorded is available for examination by the public, and therefore, any purchaser of real estate is doing so with full knowledge and constructive notice of all recorded instruments relating the to the real estate in question. This consists of expressed information of a fact, while constructive notice is implied by law.

Constructive Notice

Notice given by the public records; legal presumption of notice given by the public. It is assumed that any instrument that has been recorded is available for examination by the public, and therefore, any purchaser of real estate is doing so with full knowledge and constructive notice of all recorded instruments relating the to the real estate in question. Actual notice consists of expressed information of a fact, while this notice is implied by law.

Notary Public

Regardless of whether a property is in Regular System, or Land Court, a document concerning such property is generally considered recorded or registered, when it is acknowledged, attested to by a ____ ____ or other qualified officer, and is then given tot he registrar or recorder in the Bureau of Conveyances.

Recording

The act of writing or entering an instrument into a book of public records, which constitutes notice to all persons of the rights or claims contained in the instrument; often called "constructive notice."

Venue

The geographic area in which a court has legal jurisdiction.