UT · jury_instructions
MUJI 2d CV926B
Overcoming Adverse Presumption.
[Defendant] may overcome the adverse presumption in one of two ways.
First, [Defendant] can prove that [Plaintiff] used the property with [Defendant's] permission when [Plaintiff] first began using the property; or,
Second, [Defendant] can prove that within the twenty-year period [Defendant] gave permission to [Plaintiff] to use the property and [Plaintiff's] use thereafter was within the scope of [Defendant's] permission.
If [Defendant] successfully proves by a preponderance of the evidence either of the above, then the burden shifts back to [Plaintiff] to prove that [Plaintiff]'s use became adverse at some point thereafter for the twenty-year period.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
4b8f0fbb53aa459cbda8cbaedadd3ab70f535aa4cfe08e90e73103af12d084ea
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.