6.4 Open and Notorious

• Library: Real Estate Practice Deskbook (2019 Ed.)

C. (§6.4) Open and Notorious

The third element of adverse possession is that the possession must be open and notorious. To establish this element, the claimant must prove that the occupancy was notorious, which means:

· generally known and talked of;

· universally recognized;

· conspicuous; and

· widely or commonly known.

Long v. Lackawanna Coal & Iron Co., 136 S.W. 673, 680–81 (Mo. 1911). Possession will not become adverse if the occupancy has been so covert that it was unknown to persons who deal regularly with and around the land claimed.

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