The Burden of Proof of Adverse Possession

02.17.2020

A claim of adverse possession can be very severe as it requires the court to transfer the ownership of the land from the original registered owner to the occupier after a long period of occupation.

Since the claim will cause the loss of land ownership, the court will treat the claim in a serious manner. Despite the original owner shows no response or objection, the court requires a very high burden of proof to decide the subject matter.
One crucial element to be proved to the court is that, you have intended to treat the land like your own land to the exclusion of the world.

Before presenting stories along these 12 years, the applicant can show the following evidence:
1. Evidence of barring the land from entry;

2. Evidence of replacing the original owner to pay for land-related expenses or costs;
3. Your name has been presented in the other official documents as an owner.

The evidence must be very detailed and specific in time. Otherwise, it will be inadmissible by the court.

Benny Kong & Tsai
17 Feb 2020