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Adverse Possession: Open and Notorious Possession

This lesson focuses on the "open and notorious" element of the common law adverse possession standard. This lesson and its accompanying questions should help students understand the following: the rationale behind the "open and notorious" requirement; how courts have applied the "open and notorious" requirement in a variety of different factual settings, including boundary line encroachments, subsurface rights, and "open lands" (large, unenclosed parcels of land not presently suitable for cultivation or development); and how the "open and notorious" requirement relates to the other elements of the common law adverse possession rule.

Learning Outcomes

On completion of the lesson, the student will be able to:
1. Discuss the rationale behind the "open and notorious" requirement.
2. Relate how courts have applied the "open and notorious" requirement in such varied settings as boundary line encroachments, subsurface rights, and "open lands".
3. Explain how the "open and notorious" requirement relates to the other elements of the common law adverse possession rule.

 

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