[WSBARP] Long-Term Adverse Possession

Tom J. Westbrook tjw at w3net.net
Wed Apr 29 12:28:03 PDT 2015


Paul, you should find that answer somewhere in here.

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

 

 

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Paul Neumiller
Sent: Wednesday, April 29, 2015 12:08 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Long-Term Adverse Possession

 

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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