Proving adverse possession isn’t easy. A recent decision from the Appeals Court (enclosed below) explains some of the many nuances when pursuing such a claim.
Adverse Possession 101
Adverse possession is best described as a property rule requiring land owners to “use it or lose it.” Adverse possession is a legal claim by which a party can acquire someone else’s record property if they continuously use it for twenty years (along with some other requirements).
The person bringing an adverse possession claim has the burden of proving each these elements. A court will look closely at whether such a claimant has made a case for each of these detailed requirements. Since adverse possession will often result in the loss of record property to someone else, few courts will entertain such relief unless a viable case has been established.
Proving Adverse Possession
As the case below shows, proving adverse possession generally comes down to who the judge or jury finds is most believable. Often in these cases, there is “two sides to the story,” and a judge or jury must hear all of the evidence and make a finding of fact.
In the case below, a claimant who lost their adverse possession case appealed this decision and claimed that the judge’s decision was clearly erroneous. This required the claimant to convince the Appeals Court that the judge’s decision lacked a solid basis in fact or law.
Such a showing is hard to make. It is not enough to show that the decision could have “gone the other way.” Rather, proving that a decision is clearly erroneous requires a showing that the decision was not “soundly based in the record and the law.”
In every civil case, someone wins, and someone loses. An appellate court won’t change a decision simply because the claimant thinks the judge or jury should have reached a different decision.
Here, because the judge in this adverse possession case had a basis for his or her decision, the appeal of this decision was not successful.
This case demonstrates the importance of preparing a strong case for proving adverse possession. Because the outcome of one of these decisions is entirely in the hands of a judge or jury, who has the sole decision in determining which side is credible, it is critical to properly prepare such a case through the assistance of an experienced attorney.
If you need assistance with such a matter, contact me for a consultation.r19P0893