Adverse Possession – Notorious

The acts of dominion over land allegedly adversely possessed must, to be effective against the true owner, be so open, notorious, and hostile as to put an ordinarily prudent person on notice of the fact that the lands are in the adverse possession of another. Wanha v. Long, 255 Neb. 849, 587 N.W.2d 531 (1998); Gustin v. Scheele, 250 Neb. 269, 549 N.W.2d. 135, 250 N.W.2d 269 (1996); Kraft v. Mettenbrink, 5 Neb.App. 344, 559 N.W.2d 503 (1997).

Although the enclosure of land renders the possession open and notorious, and tends to show it is exclusive, possession may also be rendered by nonenclosing improvements to land, such as erecting buildings or planting groves or trees, which show an intention to appropriate the land to some useful purpose. Wanha v. Long, 255 Neb. 849, 587 N.W.2d 531 (1998). See Purdum v. Sherman, 163 Neb. 8898, 81 N.W.2d 331 (1957).

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