Definition of Notorious Possession
Notorious Possession is a legal term that refers to the visible, open, and obvious use or occupation of real estate by an individual who does not hold the legal title to the said property. This kind of possession must be conspicuous enough that the true owner has the potential to know about it, if they were diligent. It is a key prerequisite for claiming ownership of real estate through the doctrine of adverse possession, which allows a trespasser or squatter to eventually gain legal ownership if certain conditions, including notorious possession, are met over a statutory period.
Examples
- Squatter on Agricultural Land: A squatter lives and works on agricultural land openly for a significant number of years. Neighbors recognize the squatter as the farmer, believing they are the tenant or owner. This continuous, notorious possession could enable the squatter to claim ownership through adverse possession.
- Garden in Vacant Lot: A person uses a vacant lot next to their home to plant a garden, erects a fence around it, and maintains it continuously. Community members assume the gardener owns the lot. This visible use can meet the requirements for notorious possession under adverse possession laws.
- Unclaimed Building: An individual moves into an abandoned building, makes obvious repairs, and lives there openly for years. The actions are noticeable to the community, such that they assume the individual owns the building. Such occupation may be grounds for adverse possession.
Frequently Asked Questions (FAQs)
Q1: What is the difference between adverse possession and notorious possession?
- Adverse possession is a legal doctrine that allows a trespasser to claim ownership of land under certain conditions. One of these conditions is notorious possession, which requires the occupation to be open and obvious to anyone who could be reasonably expected to look.
Q2: How long does possession have to be notorious for it to count toward adverse possession?
- The specific duration varies by jurisdiction, but generally, the possession must be notorious (along with the other adverse possession criteria) for a period ranging from several years to several decades.
Q3: Can notorious possession be established if the true owner gives permission to use the land?
- No, permission from the true owner negates the claim of adverse possession because the possession would not be adverse or hostile. Notorious possession must be without the owner’s consent.
Q4: Does notorious possession alone give title to the land?
- Notorious possession alone does not give title to the land. It is one element of the adverse possession claim, which also generally requires the possession to be actual, continuous, exclusive, and hostile for the statutory period.
Q5: What happens if the owner disputes the notorious possession?
- If the owner disputes the possession and takes legal action within the statutory period, the adverse possession claim is typically invalidated.
Related Terms
- Adverse Possession: A legal principle that allows a person to claim a property right in land owned by another on the grounds of long-term possession. Requires the possession to be actual, open, notorious, exclusive, adverse (hostile), and continuous for a statutory period.
- Continuous Possession: The uninterrupted and consistent use and occupation of property by an individual seeking to claim ownership through adverse possession.
- Hostile Possession: Possession of property without permission from the true owner, demonstrating an intent to claim ownership against the original owner’s rights.
- Exclusive Possession: Possession of property where the occupant does not share control over the land with others, unless they too are seeking to claim ownership through adverse possession.
Online Resources
- USLegal: Notorious Possession Definitions
- Nolo’s Adverse Possession Guide
- Investopedia: Adverse Possession
References
- Wright, R. W., & Salzman, J. B. (2012). “The Law of Property.”
- Callies, D. L. (2013). “Land Use and Environmental Law in a Nutshell.”
- Singer, J. W. (2017). “Introduction to Property.”
Suggested Books for Further Studies
- “The Right to Property” by Jeremy Waldron
- “Property Law: Rules, Policies, and Practices” by Joseph William Singer
- “Foundations of Property Law” by Christian Courtis, Ngaire Naffine
Real Estate Basics: Notorious Possession Fundamentals Quiz
### Can someone claim adverse possession without the use being notorious?
- [ ] Yes, as long as the land is used continuously.
- [ ] Yes, if the true owner does not object.
- [x] No, the use must be notorious among other requirements.
- [ ] Yes, as long as the use is hostile.
> **Explanation:** The use must be notorious, meaning it must be open, obvious, and known by others, for adverse possession to be successfully claimed. This ensures that the true owner has an opportunity to notice and contest the possession.
### How does notorious possession typically present itself?
- [x] The possessor’s use of the land is visible to onlookers.
- [ ] The possessor hides their use from everyone.
- [ ] The true owner places signs indicating the possession.
- [ ] The possessor and the true owner share the land.
> **Explanation:** Notorious possession means the possessor’s use or occupancy is open and visible, enough that people around, including the true owner, can notice it and understand that someone is occupying the land.
### Why is notorious possession essential in the context of adverse possession?
- [x] It ensures the true owner can notice and contest the adverse possession.
- [ ] It shows intent to be secretive and hide from the true owner.
- [ ] It confirms legal ownership immediately.
- [ ] It allows the possessor to pay taxes on the property.
> **Explanation:** Notorious possession is essential because it makes the alleged adverse possession visible to the community and the true owner, giving the owner a chance to recognize the trespass and take action if desired.
### In what scenario can possession be considered notorious?
- [x] When neighbors are aware and might think the possessor is the new owner.
- [ ] When the possessor tells no one about the possession.
- [ ] When the true owner allows the use explicitly.
- [ ] When the possession is hidden indoors only.
> **Explanation:** Possession is considered notorious if the occupier’s use of the property is evident such that neighbors and others in the community are aware and might mistakenly believe the possessor is the rightful owner.
### Does notorious possession require the possessor to hide their activities?
- [ ] Yes, hiding activities is crucial.
- [ ] Yes, the possessor must be secretive.
- [x] No, it must be obvious and open.
- [ ] No, it depends on local laws.
> **Explanation:** Notorious possession does not require secrecy. In fact, it requires the opposite—open, obvious, and visible use of the property to signal possession to the owner and the community.
### What invalidates a claim of notorious possession?
- [x] If the true owner consents to the possession.
- [ ] If the possessor stays on the land for over two years.
- [ ] If neighbors mistake the possessor for the true owner.
- [ ] If the possessor openly uses the land.
> **Explanation:** True owner's consent invalidates the claim of notorious and adverse possession because one of the requirements is that the possession must be without permission, hence adverse.
### Must notorious possession be exclusive in nature?
- [x] Yes, the possessor must exclusively use the land.
- [ ] No, the possessor can share with the true owner.
- [ ] No, as long as the possessor lives on the land.
- [ ] Yes, but only in certain jurisdictions.
> **Explanation:** Notorious possession must be exclusive, meaning the possessor is the sole user of the land, without sharing control or use with the true owner.
### How does the community’s perception affect a claim of notorious possession?
- [x] If the community sees the possessor as the owner, it supports the claim.
- [ ] The community’s perception is irrelevant to the possession.
- [ ] If the community opposes, the possession is void.
- [ ] Community sentiment must be formally documented.
> **Explanation:** The community’s perception that the possessor is the owner supports the claim of notorious possession, strengthening the case for adverse possession.
### Does notorious possession include improvements to the property?
- [x] Yes, actions like building or fencing can indicate possession.
- [ ] No, improvements are not part of notorious possession.
- [ ] Yes, but only natural improvements like planting trees.
- [ ] Not necessarily, it depends on local statutes.
> **Explanation:** Improvements like building or fencing the property can indicate notorious possession because they demonstrate an assertion of ownership and utilization of the property by the possessor.
### When can the timeframe for notorious possession begin in adverse possession claims?
- [x] When the possessor begins open, obvious, and exclusive use of the property.
- [ ] When the true owner endorses the possessor.
- [ ] When the possessor files a legal notice.
- [ ] When the owner sells the property.
> **Explanation:** The timeframe for notorious possession in adverse possession claims begins when the possessor starts openly, obviously, and exclusively using the property without the owner’s consent.
