When
a person seeks to exact property from another one, the burden of proof
is on the claimant. In other words, it is logical to presume that the
one who currently holds the object in his possession is the rightful
owner.
In the case of real property, physical “possession” of it is
impossible. Current occupancy is also inconclusive, since it it
impossible to prevent people from ever entering one's property. Rather,
presumptive ownership is assigned to the last person known to have held
the property. Thus, when that person claims that the current occupant
is an illegal squatter, the burden of proof is on the occupant. If,
however, the current resident established a “chazakah,” usually by
continuous uncontested occupancy for three years, the burden of proof
is shifted to the previous owner.