Legal Definitions - notice by publication

Definition: Notice by publication is a legal notification that is required by law or agreement, or imparted by operation of law as a result of some fact. It is a definite legal cognizance, actual or constructive, of an existing right or title. A person has notice of a fact or condition if that person has actual knowledge of it, has received information about it, has reason to know about it, knows about a related fact, or is considered as having been able to ascertain it by checking an official filing or recording.

Examples: If a tenant wants to vacate the premises, they must give the landlord written notice 30 days before leaving. This is an example of legal notification required by agreement. Another example is when a judgment lien is posted on the courthouse bulletin board, all prospective buyers are on notice of it. This is an example of a written or printed announcement.

Explanation: Notice by publication is a way of informing the public or persons affected, usually by publishing in a newspaper of general circulation. It is usually required in matters of public concern. The examples illustrate how notice by publication works in different situations. In the first example, the tenant must give written notice to the landlord before leaving the premises. This is a legal requirement that the tenant must follow. In the second example, the judgment lien is posted on the courthouse bulletin board, which means that anyone who wants to buy the property will be aware of the lien. This is an example of how notice by publication can inform the public about a legal matter.