Oregon 30-Hour Real Estate Law Practice Test

What type of notice is given directly to and received by an individual?

1. Constructive notice

2. Actual notice

3. Implied notice

4. Public notice

The correct answer is: Actual notice

The type of notice that is given directly to and received by an individual is known as actual notice. This occurs when a person is directly informed or made aware of a particular fact, obligation, or legal requirement. Actual notice can be conveyed through personal delivery, written communication, or verbal notification, ensuring that the recipient has received and understood the information. In the context of real estate, actual notice is significant because it establishes that an individual is aware of a specific issue, which can affect their rights or responsibilities concerning property. For instance, in real estate transactions, providing actual notice of a lien, easement, or other encumbrances ensures that parties involved understand the legal implications associated with the property. Other types of notice, such as constructive notice, imply that information is available or can be found through public records or other means, even if the individual has not received direct communication. Implied notice suggests that a person should be aware of a fact based on certain behaviors or circumstances, while public notice refers to information made available to the general public, typically through official channels. These forms of notice do not guarantee that an individual is directly informed or understands the specifics of the situation in the same way that actual notice does.