New York Law (NYLE) Practice Exam

What is the burden of proof required for a plaintiff to establish title by adverse possession?

1. Preponderance of evidence

2. Clear and convincing evidence

3. Beyond reasonable doubt

4. Substantial evidence

The correct answer is: Clear and convincing evidence

To establish title by adverse possession in New York, the burden of proof required is clear and convincing evidence. This standard is higher than the preponderance of the evidence standard, which is commonly used in civil cases, and it requires that the evidence presented be highly and substantially more likely to be true than not. In the context of adverse possession, the plaintiff must demonstrate that they have met certain criteria: the possession must be continuous, exclusive, hostile, actual, and open and notorious for a statutory period, typically ten years in New York. Given the significant nature of a claim that can dispossess a rightful owner, the law demands a higher threshold of evidence to ensure that such claims are credible and justifiable. This requirement helps protect property rights from being transferred without sufficient proof, balancing the interests of both the adverse possessor and the original title holder. Hence, establishing title through adverse possession necessitates the clear and convincing standard, rather than any of the other standards listed, which do not adequately capture the need for a stronger evidentiary showing in such cases.