Is it true that buyers are considered to be constructive notice of title defects that are in property records?

Buyers are indeed considered to have constructive notice of title defects that are recorded in public property records. Constructive notice refers to the legal presumption that individuals should know about certain information that is available in public records, even if they have not directly examined those records. The rationale behind this principle is to promote transparency in real estate transactions and to ensure that all parties have access to important information regarding property ownership and any claims or liens against it.

When a buyer conducts a title search before purchasing a property, they are expected to review public records, which include details about previous ownership, liens, easements, and other encumbrances. If these defects are recorded, the buyer is legally assumed to be aware of them as a result of their availability in the public domain. This doctrine protects third parties and maintains the integrity of property transactions by ensuring that buyers cannot later claim ignorance of issues that were publicly documented.

Therefore, it is accurate to say that buyers are considered to have constructive notice of any title defects that appear in property records, as it places a responsibility on them to investigate and understand the full context of the property they are acquiring.