Legal English – Peter’s Pills – Lesson 68 – Notice

Legal English for Notaries - By Federnotizie




In legal English “notice” (comunicazione) is the way a person or party becomes aware (viene a conoscenza) of something that affects their rights, obligations or duties.

There are three primary types of notice in the UK: Actual notice, Constructive notice, and Imputed notice.

1. Actual Notice:

Actual notice involves direct knowledge of a fact or circumstance. This could be through written or verbal communication. For example, if someone tells you about a property dispute (controversia), you have actual notice of the issue.

2. Constructive Notice:

Constructive notice doesn’t require direct communication but is based on the idea that certain information is easily available to the public or anyone concerned, specifically with regard to public records. For instance, if a property deed is recorded in public register anyone interested in that property is considered to have constructive notice of its contents regarding aspects like easements (servitù) or restrictions, even if they haven’t directly consulted the public register.

3. Imputed Notice:

Imputed notice is when a person is considered to have knowledge of something because their agent (rappresentante; incaricato, mandatario) or representative received actual notice of it and had a duty to disclose it (comunicarglielo) to them. For example, if a client’s lawyer is notified of a hearing (udienza), the client is considered to have received notice too, which we call imputed notice.

Thank you very much, and see you next time for more Peter’s Pills to improve your legal English.

See more about the different forms of notice here: “Notice: The Many Forms It May Take Under the Recording Acts” (.PDF).

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