Also known as: open and notorious · open notorious visible · open and notorious possession
Written by attorneys · grounded in primary & secondary sources — see below
A quality of possession required for adverse possession under which the claimant's use of the land is sufficiently apparent and unconcealed that a diligent owner would have notice of the intrusion. The use must be visible to the common observer and conducted without efforts at secrecy so that the record owner receives actual or constructive knowledge of the claim.
Pinecrest Builders erected a fence six feet beyond the true boundary onto Summit Development's vacant parcel and sold the townhomes to Lopez, Chen, and Rivera. Each buyer mowed, gardened, and used patios inside the fenced strips for more than ten years. Summit later demanded removal of the fences, but the visible fencing and regular backyard activities supplied the open and notorious element that allowed tacking and satisfied the statutory period.
Gilbert rented his cabin to successive tenants who used a disputed beach strip on Victoria's lot each summer for recreation. The tenants placed chairs and equipment openly during the season and left the area fenced year-round. Victoria sued after decades, but the consistent seasonal pattern visible to any observer met the open and notorious requirement and permitted tacking of the good-faith periods.
Select any source to read its text and confirm it supports the definition.
The Johnson Partnership expanded a hedgerow and irrigation ditch onto Beth's strip, planted crops, grazed cattle, and built a tool shed that remained in plain view from the orchard line for decades. Beth purchased the orchard five years before suit but raised no objection until a new survey. The cultivated strip and structures were sufficiently visible to satisfy the open and notorious element and support tacking across generations.
Silver Logistics paved sections of Flora's rail yard, stored containers, posted signs claiming exclusive ownership, and conducted daily loading visible from the public road while paying the listed taxes. Flora took no steps to monitor the parcel during the entire period. The prominent signs and continuous operations were open enough to put any reasonable owner on notice of the claim.
Frontier Fiber erected a perimeter fence around Arthur's summit, posted signs, and operated transmission towers continuously for fifteen years. The fenced compound and active equipment were visible to anyone approaching the site. Arthur accepted annual fees without objection, yet the physical barriers and ongoing operations met the open and notorious standard against the present estate.
Howard's predecessors occupied a cabin on the Kunto parcel under a good-faith belief it lay within their deeded tract and used the land seasonally in a manner typical for waterfront property. The cabin and regular maintenance were plainly observable from the true boundary. Successive owners continued the same visible pattern, satisfying the open and notorious element and allowing tacking to complete the statutory period.
The use must be visible to a common observer so that the record owner receives actual or constructive notice. Fences, structures, cultivation, and regular activity that would alert a diligent owner satisfy the element, while hidden or concealed acts do not.
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No. Seasonal use consistent with the nature of the property satisfies continuity and can still be open and notorious when accompanied by visible improvements such as fences or structures that remain year-round.
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Yes. Good-faith occupation under a mistaken boundary that produces visible fences, plantings, or structures provides the required notice even though the possessor does not intend to oust the true owner.
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Yes. Actual knowledge by the owner satisfies the requirement because the purpose of the element is to ensure the owner has notice of the adverse claim.
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…with the oft-quoted rule that: [T]o constitute adverse possession, there must be actual possession which is uninterrupted , open and notorious, hostile and exclusive, and under a claim of right made in good faith for the statutory period. (Italics ours.) Butler v. Anderson , 71 Wn.2d 60, 64, 426 P.2d 467 (1967). Also see…