open and notorious possession – possession of real property that is so conspicuous its considered as sufficient notice to a reasonable landowner that their land is subject to an adverse user (adverse possession)

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Notice: This page contains definitions for “notorious,” “open and notorious,” “open and notorious possession,” and “notorious possession.”

open and notorious possession:

1. Possession or control that is evident to others; possession of property that, because it is generally known by people in the area where the property is located, gives rise to a presumption that the actual owner has notice of it.  *  Notorious possession is one element of adverse possession. — aka open possession; notorious possession[1]

1. Possession evidenced by such acts and conduct as are sufficient to put a man of ordinary prudence on notice of the fact that the land in question is held by the claimant his his own. 3 Am J2d Adv P § 47.

Possession of such openness as that the owner’s knowledge of it and of the extent of it may be presumed. Watrous v Morrison, 33 Fla 261, 278. [2]

1. See notorious possession[3]

open and notorious – adj. (15c) 1. (Of the possession of property) so conspicuous as to impute notice to the true owner. — aka (in sense 2) open and notorious. [1]

1. Acts upon the land of another which are not in secret but of such a character as to be well calculated to notify the owner of the use made by such acts. 56 Am J1st Wat § 326.  [2]

1. A phrase applied to a number of concepts and terms in the law, which refers to acts that are deliberately not concealed and that are conspicuous and a matter of public knowledge.  Thus, for EXAMPLE, open and notorious possession means conduct sufficient to put a person of ordinary prudence on notice that his land is the subject of an adverse user or adverse possession; and open and notorious adultery refers to a man and woman openly engaged in adultery or fornication, or openly living together outside marriage. [3]

notorious possession The possession of real property in a clearly defined and open manner. 25 Am J2d Eject § 43[2]

notoriousadj. (15c) 1. (Of the possession of property) so conspicuous as to impute notice to the true owner. — aka (in sense 2) open and notorious. [1]

1. Well known; a matter of public knowledge. [3]


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[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.


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