Notorious possession - sustany/dvg GitHub Wiki

Notorious possession is typically a common law requirement of the doctrine of adverse possession. �The requirement establishes that acts of ownership must be observable by others, and not be secret or hidden. �The exact name of the requirement and the standards used to establish what acts of ownership are notorious vary by jurisdiction. �For example:

• In the 2012 case of In re Rights of Way & Easements Situate in the Twp. of Mt. Pleasant, the Commonwealth Court of Pennsylvania stated that "visible and notorious possession� is characterized �by conduct sufficient to place a reasonable person on notice that his or her land is being held by the claimant as his own.�
• In the 2013 opinion Trokey v. R.D.P. Development Group, L.L.C., the Southern District of the Missouri Court of Appeals asserted that acts of ownership that may constitute �open and notorious possession� are not limited to those that result in a physical structure such as "a fence, building or other improvements,� but may include �maintaining and improving the property.�� Additionally, conduct that is �conspicuous, widely recognized and commonly known� may establish open and notorious possession.
• In the 1992 case of Lake Drive Corp. v. Portner, the Court of Appeals of North Carolina explains 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.� (emphasis in original)