What is the legal term used for an observation of a property that includes an affirmative declaration?

The legal term that refers to an observation of a property that includes an affirmative declaration is known as Actual Notice. This term is used in real estate law to describe a situation where a person is explicitly made aware of certain facts regarding a property or situation, which can include verbal or written communications confirming the existence of those facts.

In the context of property, Actual Notice implies that a party has received direct information about the property, which could affect their rights or obligations concerning it. This is significant in real estate transactions, as it establishes a clear understanding that the party has been informed about specific circumstances that may impact their interest in the property.

For example, if a buyer is shown a property with certain defects and given a clear verbal warning or a written disclosure of those defects, they are said to have Actual Notice of these issues. This is crucial for both legal protection and due diligence in transactions.

The other terms, while related, do not capture the essence of an affirmative declaration in the same manner. Implied Notice refers to knowledge that a person should have due to circumstances, but without explicit communication. Direct Notice is less commonly used in legal contexts, and Express Notice typically relates to formal or written notifications rather than informal observations. Therefore, the specificity and clarity of