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The Burden of Proof in Adverse Possession

The Burden of Proof in Adverse Possession

The burden of proof in an adverse possession case is “clear and cogent.” There is a terrific legal citation to quote regarding this heightened burden when defending adverse possession claims. Take a look at footnote 2 from the case of McQueen v Black, 168 Mich App 641, n2; 425 NW2d 203 (1988). The court engages in a lengthy discussion of the standard and concludes that the burden approaches “ the level of proof beyond a reasonable doubt” and that “where there is any reasonable dispute, in light of the evidence, over the question of possession, the party has failed to meet his burden of proof.”

Midland Michigan business, real estate, construction and  commercial lawyer W. Jay Brown provides experienced representation of businesses and individuals throughout Mid- Michigan

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