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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:
(18c)
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]
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. Well known; a matter of public knowledge. [3]
References:
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
[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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