Escrow & Title
What is 'actual notice' versus 'constructive notice' in Pennsylvania real estate law?
AActual notice is from a licensed agent; constructive notice is from PREC records
BActual notice is knowledge a person actually has; constructive notice is knowledge the law attributes to a person because a document is in the public record, regardless of actual knowledge✓ Correct
CActual notice requires written communication; constructive notice can be verbal
DThey are identical concepts in Pennsylvania recording law
Explanation
Actual notice is direct, personal knowledge — a buyer who is physically shown an encroachment has actual notice of it. Constructive notice is legal notice — in Pennsylvania's race-notice recording system, a properly recorded document gives constructive notice to the world, even if the subsequent buyer never actually saw the record.
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