Escrow & Title
What is the difference between 'actual notice' and 'constructive notice' in Delaware real property law?
AActual notice is given in writing; constructive notice is given verbally
BActual notice is direct personal knowledge of a fact; constructive notice is legal notice imputed to a person because the information is available in public records✓ Correct
CActual notice applies only to recorded documents; constructive notice applies to unrecorded interests
DBoth terms mean the same thing in Delaware property law
Explanation
Actual notice is direct, personal knowledge of a fact (you personally know the property is subject to an easement). Constructive notice is knowledge the law presumes you have because the information is available in public records — recorded deeds, mortgages, liens, and easements provide constructive notice to all subsequent purchasers.
Related Delaware Escrow & Title Questions
- In Delaware, transfer taxes on a real estate sale are:
- In Delaware, which of the following is TRUE about the escrow process in a residential closing?
- What is 'intestate succession' and how does it affect title to real property in Delaware?
- Which of the following would appear on a seller's closing statement as a credit?
- In a Delaware closing, who typically selects the title insurance company?
- What is 'equitable subrogation' in Delaware mortgage law?
- What is a 'survey' in a Delaware real estate transaction?
- Which of the following would appear on a buyer's closing statement as a debit (charge to buyer)?
Practice More Delaware Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Delaware Quiz →