Also known as: notoriously · notoriety · open and notorious
Written by attorneys · grounded in primary & secondary sources — see below
A characteristic of possession or use that is sufficiently visible and obvious to provide notice to the true owner of the land. This quality ensures the owner has a reasonable opportunity to learn of the adverse claim and assert rights before the statutory period expires.
Nina Nielsen erects a visible fence and plants crops on a strip of land she believes belongs to her lot but that actually belongs to her neighbor. The fence and crops stand in plain sight from the neighbor's property for the full statutory period. Because the use is open and notorious the neighbor receives constructive notice of the claim and Nina acquires title by adverse possession.
Nathan Nguyen and his predecessors rent a cabin and allow successive tenants to swim and picnic each summer on a disputed beach strip belonging to the adjoining owner. The tenants' activities occur openly without concealment and continue for decades under a good-faith mistaken boundary belief. The open and notorious seasonal use satisfies the continuity element and permits tacking so Nathan obtains title.
Select any source to read its text and confirm it supports the definition.
Nicole Navarro drives tractors along a dirt lane across her neighbor's parcel for twenty years to reach remote fields. She later authorizes members of a farming cooperative to use the same lane during planting and harvest seasons. The visible repeated use is open and notorious so a prescriptive easement arises and the cooperative members share its benefit.
Norman Nash installs a visible fence and plants garden beds across a strip he believes is his own. The improvements remain in plain sight for the statutory period. Because the possession is open and notorious the true owner receives constructive notice and title passes by adverse possession.
Nestor Navarro and neighbors walk daily along a worn path across an adjoining owner's land that has existed openly for many years. The owner never objects. Because the path use is open and notorious a prescriptive easement arises in favor of the users.
A rancher and predecessors graze cattle each summer on a fenced pasture they mistakenly believe is theirs. The grazing occurs visibly without concealment for the full period. The open and notorious seasonal use satisfies the notorious element and permits tacking so title is acquired.
Possession is open and notorious when it is sufficiently visible and obvious that a reasonably diligent owner would receive actual or constructive notice of the claim. Building structures, planting crops, or maintaining fences in plain sight from the true owner's property satisfies the element. Concealed or hidden activity fails to meet the standard.
Supporting sources
Seasonal use satisfies the notorious element when the activity is consistent with the character of the property and occurs openly without concealment. Lakefront recreation each summer or agricultural cropping during growing seasons provides sufficient notice to the owner. The use need only be as continuous as the land's ordinary purpose requires.
Supporting sources
A prescriptive easement arises when use of another's land is open or notorious and continues without interruption for the prescriptive period. Visible tractor traffic along a defined lane or regular passage by multiple users provides the required notice. Tacking of successive periods is permitted when the benefited estate or inchoate right transfers between users.
Supporting sources
…this decision will inflict on law enforcement cannot fairly be predicted with accuracy. Evidence on the role of confessions is notoriously incomplete, see Developments, supra , n. 2, at 941-944, and little is added by the Court's reference to the FBI experience and the resources believed wasted in interrogation. See infra ,…