MBE Rules · Real Property
Notice — actual, constructive, inquiry
The rule
For recording-act purposes, a subsequent purchaser has notice of a prior interest through: (1) actual notice — real, personal knowledge; (2) constructive (record) notice — a properly recorded document within the chain of title; or (3) inquiry notice — facts a reasonable purchaser would investigate, such as visible use of the land by someone other than the record owner or references to unrecorded documents within recorded ones.
In plain English
The three flavors of notice that defeat BFP status. Inquiry notice is the most frequently tested: someone is on the land using it, or a recorded deed says "subject to that certain agreement" — the buyer must ask.
Memory hook
A-C-I: Actual, Constructive (recorded), Inquiry (sniff test).
How examiners test it
A tenant visibly occupying the property when the buyer walks the land → inquiry notice.
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