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21. Cf Mendonca v. Cities Serv Oll Co., 237 N.E.2d 16 (Mass.1968) (finding that owner’s removal of fences and use of disputed strip for storage for three or four weeks interrupted occupant’s exclusive possession).22. Cf. Nome 2000 v. Fageratrom, 799 P.2d 304 (Alaska 1990) (allowing third parties to puck berries or fish did not destroy exclusive possession of remote parcel); Peters v. Junean-Douglas Girl Scout Council, 519 P.2d 826 (Alaska 1974) (presence of occasional clamdiggers, picnickers, and others on beach area did not destroy exclusive possession of semi-wilderness parcel).23. This requirement is satisfied, however, if the owner has actual notice of the claimant’s possession, See Chaplin v.Sanders, 676 P.2d 431 (Wash. 1984).24. See, e.g., Porter v. Posey, 592 S.W.2d 844 (Mo.Ct.App.1979); Jarvis v. Gillespie, 587 A.2d 981 (Vt. 1991); see also Marengo Cave Co. v. Ross, 10 N.E.2d 917, 920 (Ind. 1937) (the claimant “must unfurl his flag’s on the land, and “keep it flying”, so that the owner may see, if he will, that an enemy has invaded his doamins, and planted the standard of conquest”).25 But see Mannilo v. Gorski, 255 A.2d 258 (N.J.1969) (minor encroachment along common boundary is not open and notorious unless true owner has actual knowledge).26 What if the tru owner is unaware that he owns the land. In most jurisdiction, this is irrelevant. See, e.g., Lawrence v. Town of Concord, 788 N.E.2d 546 (Mass. 2003).27 See Marengo Cave Co. v. Ross, 10 N.E.2d 917 (Ind. 1937) (use of subsurface cave was not open and notorious); Stump v. Whibco, 715 A.2d 1006 (N.J.Super. Ct. App. Div. 1998) (mesh fence that was “overgrown, indiscernible, or non-existent in certain areas” was not open and notorious use).28 See, e.g., Teson v.Vasquez, 561 S.W.2d 199 (Mo.Gt. App. 1977). 29 See, e.g., Nome 2000 v. Fageratrom, 799 P.2d 304 (Alaska 1990); Chaplin v.Saners, 676 P.2d 431 (Wash. 1984).30 See, e.g., Nome 2000 v. Fageratrom, 799 P.2d 304 (Alaska 1990) (building outhouse and other improvements, tree planting, camping, and related acts held open and notorious).
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