property

actual notice

Actual notice is knowledge that a person really has, either because they were told, read a document, or observed something directly. For example, a buyer who sees someone else living in a house or reads an unrecorded deed has actual notice of that interest. It contrasts with constructive notice, which the law presumes everyone has from public records or possession that could be discovered by reasonable inspection.

Exam tip
Recording gives constructive notice; personally knowing about something is actual notice. Possession by a third party can give notice of their rights.
Example
Before closing, a buyer is shown an unrecorded easement agreement by the seller. The buyer now has actual notice and takes title subject to it.

Related terms & state variants

Sources

Source verification pending. Confirm current requirements with your state regulator.

Last verified: 2026-10-23