Question 41

Anna records her deed with the county.

Recording a deed with the county is an act that establishes constructive notice to the public regarding the ownership of the property. This means that anyone interested in the property is presumed to have knowledge of Anna's ownership simply because the deed has been officially recorded.

A) Aaron looks up a survey and discovers an encroachment.

While Aaron's action of looking up a survey may provide him with information about an encroachment, it does not constitute constructive notice in the same way that recording a deed does. Constructive notice requires a formal act that is publicly accessible, whereas Aaron is simply engaging in personal research.

B) Anna records her deed with the county.

By recording her deed, Anna provides constructive notice to all parties that she is the rightful owner of the property. This formal act ensures that anyone interested in the property must acknowledge her ownership, fulfilling the legal requirement for constructive notice.

C) Austen discovers the home he is interested in has a mechanic's lien in the county courthouse records.

Austen's discovery of a mechanic's lien does indicate that there is a legal claim against the property, but it does not demonstrate constructive notice in the context of ownership. Constructive notice pertains specifically to ownership rights, whereas a lien is a claim that may affect the property but does not signify ownership.

D) Alastair visits a home he's interested in buying to inspect an encroachment on the property.

Alastair's visit to inspect the property may provide him with personal knowledge about the encroachment, but it does not fulfill the criteria for constructive notice. Constructive notice requires a public record or act that informs others of legal rights, which is not achieved through personal inspection alone.

Conclusion

The act of recording a deed, as demonstrated by Anna, is the clearest example of constructive notice because it publicly establishes ownership rights. All other options involve personal discovery or inspection that do not legally inform others of property ownership. Therefore, option B is definitively the correct answer.