Legal Definitions - open and notorious

The legal term open and notorious describes an action, condition, or state of affairs that is visible, unconcealed, and generally known or easily discoverable by the public or relevant community. It signifies that something is not hidden or secretive, thereby providing clear notice to others who might be affected or have an interest.

• Example 1: Adverse Possession of Land

  Imagine a homeowner, Sarah, who believes a strip of land next to her property belongs to her. For fifteen years, she openly cultivates a garden on this strip, installs a visible fence around it, and regularly hosts outdoor gatherings there. Her neighbor, the true owner of the land, lives out of state and rarely visits. Sarah's actions are open because the garden and fence are clearly visible to anyone passing by or visiting the property. They are notorious because her continuous use and improvements are widely known and observable by other neighbors and the local community, putting the true owner on notice that someone else is claiming and using their land, even if the true owner doesn't personally observe it.

• Example 2: Public Nuisance

  Consider a factory located in a residential area that consistently releases loud, disruptive noises and strong, unpleasant odors during its night operations. These disturbances are not contained within the factory walls but spread throughout the surrounding neighborhood. The factory's operations are open because the noise and odors are directly experienced by residents and are not hidden. They are notorious because the disturbances are widely known, frequently discussed, and a common source of complaints among the residents, making the issue a recognized problem within the community.

• Example 3: Cohabitation

  Suppose a couple, Alex and Ben, are not legally married but have lived together in the same house for ten years. They share a joint bank account, present themselves as partners at all social events, and are known by their friends, family, and neighbors as a committed couple. Their living arrangement is open because they reside together publicly, share household responsibilities, and interact with the community as a unit. It is notorious because their relationship and cohabitation are widely recognized and accepted as a de facto marital relationship within their social circle and the broader community, without any attempt to conceal it.