Florida Broker Practice Exam

What does 'Notorious public possession' imply in the context of adverse possession?

1. Concealed possession

2. Public acknowledgment of possession

3. Flagrant public possession of the property

4. Negligent possession

The correct answer is: Flagrant public possession of the property

'Notorious public possession' in the context of adverse possession refers to the idea that a person openly occupies a property in a manner that is evident and recognizable to the community. This means that the possession is not hidden or secretive; rather, it is done in a way that is visible and has a tendency to be known by the public. The term 'notorious' indicates a high level of awareness regarding the possession, suggesting that the rightful owner and members of the community are aware of the occupation. For adverse possession claims to be valid, the possession must be notorious so that the true owner has no excuse for failing to take action against the trespasser. This visibility element is crucial because it contributes to the legality of the adverse claim and ensures that other parties, including the titular owner, are put on notice about the encroachment. In contrast, other terms such as 'concealed possession' or 'negligent possession' would imply an absence of such awareness, which would not fulfill the requirements of adverse possession.