[WSBARP] Long-Term Adverse Possession

Paul Neumiller pneumiller at hotmail.com
Wed Apr 29 12:07:46 PDT 2015


The standard/usual burden of proof falls on the party who is claiming real
property through adverse possession.  It is my vague recollection that there
is a doctrine that says that if the use of the real property is long-term,
the burden falls on the party resisting the adverse possession to prove that
there is no adverse possession.  That is, long-term adverse possession
shifts the burden of proof from the "claiming" party to the "resisting"
party.  I can't find that doctrine now.  Anyone able to point me in the
right direction?

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