Legal Definitions - notorious possession

Notorious possession is a legal requirement, often associated with the doctrine of adverse possession, which dictates that a person's actions on a property must be open, visible, and obvious to others. This means that any acts demonstrating a claim of ownership cannot be hidden or secret. Instead, they must be clear enough that a reasonable property owner, or anyone observing the property, would notice that someone else is treating the land as their own. The primary purpose of this requirement is to provide public notice of a claim, giving the true owner a fair opportunity to challenge it.

Here are some examples to illustrate notorious possession:

• Example 1: Consistent Landscaping and Use

  Imagine a homeowner, Mr. Henderson, who regularly mows a strip of land adjacent to his property, believing it to be his, even though it technically belongs to his neighbor. For years, he not only mows this strip but also plants a small flower garden on it and places a decorative bird bath, all clearly visible from the public street and the neighbor's yard. He performs these activities consistently and openly during daylight hours.

  How this illustrates notorious possession: Mr. Henderson's actions—mowing, gardening, and placing visible objects—are not hidden. They are overt and continuous acts of maintenance and improvement that would be easily observed by the actual property owner, other neighbors, or anyone passing by. These visible acts clearly signal that Mr. Henderson is openly treating that strip of land as his own, putting others on notice of his claim.

• Example 2: Building a Structure on Disputed Land

  Consider a situation where a property owner, Ms. Chen, constructs a sturdy, permanent storage shed that inadvertently extends a few feet onto an undeveloped portion of her neighbor's land. The shed is painted a bright color and is clearly visible from the street and from the neighbor's property. Ms. Chen uses the shed regularly and maintains the area immediately surrounding it, including the portion on the neighbor's land.

  How this illustrates notorious possession: The construction of a visible, permanent structure like a shed is a highly conspicuous act of ownership. It is not secret and would be immediately apparent to anyone inspecting the adjacent property or simply observing the area. Ms. Chen's ongoing use and maintenance further reinforce this open claim, making it "notorious" because it is widely observable and not hidden.

• Example 3: Fencing and Animal Grazing

  A rancher, Mr. Davies, erects a new fence that encloses a section of land he believes is part of his ranch, but which actually encroaches significantly onto a neighboring, unused pasture. He then regularly allows his cattle to graze within this newly fenced area. The fence is clearly visible from the public road that borders both properties, and the cattle are often seen grazing there.

  How this illustrates notorious possession: Building a substantial fence and consistently using the enclosed land for grazing livestock are highly visible and public acts. These actions are not covert; they are easily observable by the true owner of the pasture, other landowners, and the general public. The presence of the fence and the grazing cattle clearly communicate Mr. Davies's open assertion of control and ownership over that specific parcel of land, thereby meeting the requirement of notorious possession.