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Simple English definitions for legal terms
notorious possession
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A quick definition of notorious possession:
Notorious possession is a rule that says if you want to claim someone else's land as your own, you have to show that you have been using it openly and obviously for a long time. This means that other people can see that you are using the land and that you are acting like you own it. Different places have different rules about what counts as "open and notorious possession," but it usually means doing things like building a fence or taking care of the land. The idea is that if you are using the land in a way that everyone can see, then the real owner should have noticed and done something about it.
A more thorough explanation:
Notorious possession is a legal requirement for adverse possession. It means that the acts of ownership must be visible and not hidden. This requirement varies by jurisdiction.
- Pennsylvania: In the case of In re Rights of Way & Easements Situate in the Twp. of Mt. Pleasant, the court said that "visible and notorious possession” means that a reasonable person would know that the land is being held by the claimant as their own.
- Missouri: In the case of Trokey v. R.D.P. Development Group, L.L.C., the court said that acts of ownership that may constitute “open and notorious possession” are not limited to physical structures like fences or buildings. Conduct that is “conspicuous, widely recognized and commonly known” may also establish open and notorious possession.
- North Carolina: In the case of Lake Drive Corp. v. Portner, the court said that “open and notorious possession” is established when an act of ownership is “such nature as to give notice of … claim of ownership to the whole world.”
These examples illustrate that notorious possession means that the acts of ownership must be visible and obvious to others. This is important for adverse possession because it ensures that the true owner of the property has notice that someone else is claiming ownership.