9.22 Open and Visual (notorious) Use

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

(3) (§9.22) Open and Visual (Notorious) Use

Use of the land is "open and visual" if the landowner knows of the claimant's hostile and adverse use. See Lacy v. Schmitz, 639 S.W.2d 96, 100 (Mo. App. E.D. 1982).

But actual notice of the use is not necessary if, from the surrounding facts, it is determined that the notice was constructive or implied. See Drainage Dist. No. 48 of Dunklin County v. Small, 318 S.W.2d 497 (Mo. banc 1958) (a purchaser of real estate is charged with notice of an easement when

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