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The Character Of User In Prescription, Ralph W. Aigler

Articles

As the possession of the claimant in a case of adverse possession must be shown to have been adverse in order to ripen into title, so also must the user in prescription be shown to have been adverse during the entire prescriptive period. As to the burden of proving the adverse character of the possession in the first case there seems to be doubt whether there is a presumption of adverseness by showing open possession and acts of ownership, or whether there is a burden upon the claimant to go further. See 2 AM. & ENG. ENCY. L. & P. …