After three days after the notice has been filed for record, all persons who may begin actions pursuant to this chapter shall be deemed to have notice of the facts stated in the notice. Neither the filing of the notice for record nor its recordation constitute constructive notice to any other person or for any other purpose. The original of the notice shall be returned to the party requesting the recordation as provided in Section 27321 of the Government Code.
§ 751.26.Notice of Facts Stated In Notice of Ownership
Title 10. Actions In Particular Cases · Chapter 3.5. Actions to Re-establish Destroyed Land Records · Last amended 1982 · Last verified July 28, 2026
In one sentenceSection 751.26 deems anyone who later begins an action under this chapter to have notice, three days after the notice of ownership is filed for record, of the facts it states, while clarifying that filing or recording the notice does not by itself constitute constructive notice for any other purpose or to any other person.
Full Text of § 751.26
Plain-English Summary
This section defines exactly what recording a § 751.23 notice accomplishes, and what it doesn't. Three days after the notice is filed for record, anyone who later begins a Chapter 3.5 action is deemed to have notice of the facts the notice states — which is what makes the naming and service obligations in § 751.27 possible to enforce.
But the section is careful to cabin that effect. Neither the filing of the notice nor its recordation counts as constructive notice to anyone else, or for any other purpose beyond this chapter's own actions. The recorder also returns the original notice to whoever requested the recording, following the procedure in Government Code § 27321.
Frequently Asked Questions
Who is deemed to have notice of the facts in a recorded notice of ownership?
Anyone who begins an action authorized by this chapter, deemed to have notice three days after the notice was filed for record.
Does recording this notice serve as constructive notice for all purposes?
No. Section 751.26 specifically states that filing or recording the notice doesn't constitute constructive notice to any other person or for any other purpose beyond triggering the naming obligation in this chapter's actions.
What happens to the original notice after it's recorded?
The recorder returns it to the party who requested recordation, following the procedure in Government Code § 27321.
Amendment History
Amended by Stats. 1982, Ch. 843, Sec. 3.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: constructive notice destroyed records law california