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Burden to prove adverse possession is on
Court
Plaintiff
Defendant
None of the above
Let’s break it down:
- The burden to prove adverse possession is on the person claiming it—in other words, the person who says “This property is mine by adverse possession.”
- Usually, this person is the Defendant because, in most cases, the owner (Plaintiff) sues saying, “You’re on my land,” and the defendant says, “Actually, I own it now.”
- The Plaintiff (property owner) doesn’t have to disprove adverse possession—the law expects the person claiming this special right to prove every element (possession, openness, time, etc.)
- The Court doesn’t prove anything; it just decides if proof is sufficient.
- “None of the above” isn’t right here because the correct party *is* listed.
So the correct answer is:
Option:3, Defendant
What this really means: if you want to claim land based on adverse possession, you’d better come with receipts—the law puts the proof squarely on your shoulders.
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