Escrow & Title
In South Dakota, 'actual notice' differs from 'constructive notice' in that actual notice requires:
ARecording in public records
BDirect, personal knowledge of the fact in question✓ Correct
CCourt notification of all parties
DPublication in a local newspaper
Explanation
Actual notice is direct, personal knowledge of a fact — you actually know it. Constructive notice is imputed by law when a document is recorded in public records — you are deemed to know it whether or not you checked. Both types of notice can affect priority of interests in real property.
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