Escrow & Title
In Hawaii, what is 'constructive notice' vs. 'actual notice' in the context of recorded documents?
AA. Constructive notice is notice given verbally; actual notice is written
BB. Constructive notice is imputed by law (recording); actual notice is direct personal knowledge of the fact✓ Correct
CC. They have the same legal effect
DD. Actual notice is stronger and supersedes constructive notice in all cases
Explanation
Constructive notice is legal knowledge imputed from public records—you are deemed to know what is recorded even if you haven't seen it. Actual notice is direct personal knowledge.
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Key Terms to Know
Deed
A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
Abstract of TitleA condensed history of a property's title, summarizing all recorded documents and encumbrances affecting it from the earliest record to the present.
Promissory NoteA written promise to repay a loan under specified terms — the borrower's personal financial obligation in a real estate transaction.
EasementA non-possessory right to use another person's land for a specific purpose.
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