What is the primary characteristic of "open and notorious possession" in adverse possession?

The primary characteristic of "open and notorious possession" in adverse possession is that the property is available to the public and not concealed. This means that the possessor uses the property in a way that is visible and obvious, so that a reasonable property owner would be aware of the possession if they were to visit the property. The rationale behind this requirement is to give the true owner an opportunity to notice the adverse use and take action to protect their rights if they choose to do so.

The concept emphasizes that the possession must be so apparent that it would alert the true owner to its existence, thus fulfilling a key aspect of the adverse possession doctrine, which is to balance the rights of the property owner with the need for certainty in property titles. The possession cannot be secretive or hidden; it must be readily observable to anyone, including the rightful owner.

Other options do not accurately reflect the principle of open and notorious possession. For example, possession that is hidden undermines the essential purpose of alerting the owner. Limited time possession is irrelevant in defining the open and notorious requirement, as is any agreement with the owner since adverse possession inherently involves the possessor acting against the interests of the true owner.