Legal Definitions - notorious

The term notorious has two primary meanings, one in general usage and a more specific one in legal contexts, particularly concerning property.

• 1. Generally Known (often unfavorably): In its common usage, something is notorious when it is widely known or talked about, typically for negative or undesirable reasons.

  • Example 1: A certain software company became notorious for releasing products with numerous bugs and security flaws, leading to widespread customer complaints and negative media coverage.

    Explanation: This illustrates the general meaning, where the company is widely known, but for its poor quality products rather than positive achievements.

• 2. Open and Obvious Possession (Property Law): In property law, particularly in cases related to adverse possession, "notorious" (often used as "open and notorious") describes the possession or use of property that is so visible, obvious, and unconcealed that the true owner is presumed to have knowledge of it. The actions of the person occupying the land must be clear enough that a reasonable owner inspecting their property would notice the unauthorized use.

  • Example 2: A person built a substantial, clearly visible fence around a portion of an undeveloped lot adjacent to their own property and then regularly mowed the grass and planted a vegetable garden within that fenced area for over a decade.

    Explanation: This occupation was notorious because the fence, the maintained garden, and the regular activity were all openly visible to anyone, including the actual owner of the undeveloped lot, indicating a clear claim of possession.

  • Example 3: For many years, a local hiking club regularly maintained and used a well-worn trail that cut directly across a corner of a large, privately owned forest, even placing small directional signs along the path. The property owner lived out of state and rarely visited.

    Explanation: The club's use of the trail was notorious because it was so evident and continuous—a clearly defined path, maintenance, and signage—that a reasonable owner, upon inspecting their property, would have easily become aware of this ongoing use, even if they hadn't personally seen it.