The doctrine of notice is a legal principle that states that a person must be aware of a particular fact or circumstance in order for it to be legally binding or effective. This doctrine is often applied in the context of property law, where it determines whether a person has the right to acquire or transfer ownership of a particular property.
One of the most common applications of the doctrine of notice is in the context of adverse possession, which is the process by which a person can acquire ownership of a property through long-term, continuous, and open possession of the property. In order for a person to successfully claim ownership of a property through adverse possession, they must show that they have been openly and continuously using the property as their own for a specific period of time, and that the true owner of the property was aware of their use but did nothing to stop it. This is where the doctrine of notice comes into play: if the true owner of the property was unaware of the adverse possession, they may not be able to successfully challenge the claim of ownership.
The doctrine of notice can also apply in the context of contracts, where it determines whether a person is bound by the terms of a contract. In order for a contract to be legally binding, both parties must have knowledge of the terms of the contract and must have agreed to them willingly. If one party was unaware of the terms of the contract or did not agree to them willingly, the contract may not be considered legally binding.
The doctrine of notice is also relevant in the context of real estate transactions, where it determines whether a person has the right to sell or transfer ownership of a particular property. In order for a person to have the right to sell or transfer ownership of a property, they must have legal title to the property and must have given notice to any interested parties, such as mortgage holders or lienholders. If a person does not have legal title to the property or has not given notice to interested parties, they may not have the right to sell or transfer ownership of the property.
Overall, the doctrine of notice is an important principle in the legal system that determines whether a person is aware of and bound by a particular fact or circumstance. It plays a significant role in a variety of legal contexts, including property law, contracts, and real estate transactions.
The Doctrine Of Constructive Notice
Without Notice The purchaser must have taken without notice of the beneficial interests. Letters were sent to all last known addresses, and there was plenty of time from the date of the death until the final court hearing. The court accepted that what she did was improvident, and in the normal course of events it would have overturned it; it refused to do so in this case because of her delay and inactivity. Where a purchaser or mortgageeis aware or should have been aware of the equitable interest this affects their conscience and they are then bound by the interest. If a situation arose whereby A abused his rights over the land in direct contravention of what the grantor had wanted, then could B, the person in whose benefit the land was being held, enforce any rights against A, the person to whom the land was actually transferred? Part 4 of the 2009 Act abolishes the rules dealing with settled land Settled Land Acts, 1882-1890 and replaces them with a trust of land scheme.
Equity and the Doctrine of Notice
In fact, in Nigeria, it is very common for the same piece of land to be sold, leased or mortgaged to several persons at the same time and it is even more rampant with family land. Allcard v Skinner 1887 36 Ch D 145 The plaintiff joined a religious order. If a property has previously been sold or transferred, it is critical that you have access to the Why Is Constructive Notice Important? A person may be presumed to have acted in good faith in response to constructive notice if he knew the relevant facts as they were. They said that since the seller didn't say it had magical powers, the buyer should know that it might not. Remember the important proviso that a purchaser of title can take ownership of the land, even though there are overriding interests, if the value of those interests are adequately compensated in the purchase price. PART TWO: TYPES OF RIGHTS This discussion on unregistered land must also consider the interests of the parties that occupy land from time to time. An alternative to this is that land is given to trustees to hold for the benefit of successive beneficiaries.
Doctrine of Constructive Notice
Hence if later, it was found that there was some unpredictability inside the Company in appreciation of any choices, untouchables having managing the Company are esteemed to be mindful of it. This notice prevents outsiders from suing the company with grounds of not understanding the companies current positions and powers. The rights these persons in possession have over the land may or may not bind a purchaser depending on two factors: the nature of the right, and whether it has been protected. You would be asked: to what extent does the fact of their occupation and possession of the land outweigh their lack of paper title? For instance, A contracts to sell land to B, and B puts another person in possession of the land. In that instance, when a purchaser comes to inspect the title of the land, it has already been approved by the Chief Land Registrar, both graded and guaranteed by the Registrar.
The Doctrine of Constructive Notice
It was a device used in the transfers of land and was mainly designed to avoid certain incidents and to get around inheritance rules that were in existence at the time. The Inland Revenue has power under the Inheritance Tax Act 1984 to register a charge against property to the value of the unpaid tax. Under the new rules, the legal title of the land under the trust will be vested in the trustees to ensure that they have the power to deal with the land for the benefit of the beneficiaries. Under subsection 3 a , no overreaching in favour of a purchaser will operate where the conveyance is made for a fraudulent purpose of which the purchaser had actual knowledge at the date of the conveyance or to which the purchaser was a party. In the later case of Lloyds Bank plc v Rosset 4 , the Court of Appeal thought that s 70 1 g was based on notice. Express or Actual Notice Actual notice means when a person actually knows about the existence of a fact. Similarly, where the bank returns the title deeds, which are the only security it has against the loan advanced by it, and the owner mortgages the same title deeds with another bank to secure an overdraft, the first bank is guilty of gross negligence in parting with the title deeds.
