The Burden of Proof in Defending Adverse Possession Cases

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.”