Which element describes a possession that is visible and apparent to others?

• A. Open and notorious
• B. Adverse
• C. Continuous
• D. Exclusive

Answer: (A)

Open and notorious describes how possession must be conducted in adverse possession: it is visible and apparent to others. This visibility puts the true owner on notice that someone is asserting a claim to the land, so the claim isn’t hidden. If the use of the land were secret, the owner might never know to challenge it, and the possession wouldn’t satisfy this requirement. A simple example is someone building a fence, erecting structures, and using the land in a way that a reasonable observer can notice over time. This openness works together with the other requirements—hostility, continuity, and exclusivity—but the element that ensures the possession is observable by others is openness and notoriety.