This is a review of an unpublished per curiam decision of the court of appeals dated May 22, 1985, affirming an order by Judge Richard T. Becker, circuit court for Washington county, following a jury trial. The issue before this court is whether the trial court and court of appeals were correct in holding that the claimant's burden in *359an adverse possession case is the ordinary or lowest burden — to prove adverse possession by the greater weight of the credible evidence. We affirm on the grounds that Wisconsin case law has consistently applied the middle burden of proof only to those civil cases containing a criminal element, fraud, or gross negligence and that an action for adverse possession does not fall into that category of cases requiring more than the ordinary burden of proof.
In 1959, Gordon and Dolores Kruse purchased land south of the City of West Bend. The Kruses roughly measured the lot boundaries at that time and established a lawn based on those boundaries. Horla-mus Industries purchased the land adjacent to the Kruses' property on the north and the east in 1964. Horlamus Industries discovered that the Kruse measurements were incorrect when it surveyed the land in 1981. The true boundaries were west and south of the lot lines recognized by the parties up to that time. Hor-lamus Industries fenced and filled in the portion of the property which had erroneously been considered to be. the Kruses' lawn and to which Horlamus Industries actually held title. The Kruses commenced an action for adverse possession1 against Horlamus Industries to es*360tablish ownership of the two strips of property which they had mistakenly used for over twenty years.
A jury trial was held, and the jury found that the Kruses had obtained ownership of the disputed property through adverse possession. In addition, the jury awarded money damages to the Kruses for wrongful occupancy by Horlamus Industries in the amount of $2,500. On motions after verdict, Judge Becker upheld the jury finding of adverse possession by the Kruses and granted Horlamus Industries' motion to strike the monetary award, finding that no evidence supported the damages awarded by the jury. Horlamus Industries appealed the finding of adverse possession, and the Kruses cross-appealed on the issue of damages. The court of appeals affirmed the trial court on all counts. We granted the defendant Horlamus Industries' petition for review. The decision of the court of appeals on damages adverse to the Kruses was not raised on review.
The sole issue before this court is whether the trial court erred in its instructions to the jury that the lowest or ordinary burden of proof should be applied in answering the special verdict questions on adverse pos*361session.2 Although Wisconsin has had a great many adverse possession cases, the correct standard of proof for those cases has not previously been addressed. The problem in this instance arises from the use in some adverse possession cases and in this case of the phrase, "evidence of possession must be clear and positive." The *362appellant mistakenly considers this to be standard to be used for the overall burden of proof, while in fact it only refers to the quality of evidence which may even be considered. See, Allie v. Russo, 88 Wis. 2d 334, 343, 276 N.W.2d 730 (1979) ("The evidence of possession must be clear and positive and must be strictly construed against the claimant."). See also, Zeisler Corp. v. Page, 24 Wis. 2d 190, 198, 128 N.W.2d 414 (1964); Bank of Eagle v. Pentland, 197 Wis. 40, 42, 221 N.W. 383 (1928). Nor is Wisconsin the only jurisdiction to use the phrase. Connecticut, Michigan, and Oregon, to name a few, have all recently used the terminology.3 The Illinois Court of Appeals has furthered the confusion by requiring "clear, positive and unequivocal" proof. Flower v. Valentine, 135 Ill. App. 3d 1034, 482 N.E. 682, 689 (Ill. App. 1. Dist., 1985). The confusion surrounding the phrase, "clear and positive," derives from the word, "clear," which frequently appears in the middle burden of proof. Because of the confusion which this portion of the instruction may cause, we direct that the words, "must be clear and positive and," be omitted from the instruction. The amended instruction will therefore read, "The evidence of possession must be strictly construed against the claimant." The instruction as so modified comports with the presumption of sec. 893.30, Stats., that favors the holder of the legal title.
In Wisconsin, the ordinary or lowest burden of proof requires that the jury must be satisfied to a reasonable certainty by the greater weight of the credible *363evidence. Wis JI — Civil 200 defines "by the greater weight of the evidence" as that which, "when weighed against that opposed to it has more convincing power." The middle burden of proof requires that the jury be convinced to a reasonable certainty by evidence that is clear, satisfactory and convincing. Wis JI — Civil 205.
Those jurisdictions which have attempted to correspond the phrase to accepted standards of proof are fairly equally divided between what Wisconsin refers to as the lower and middle burdens of proof. See, e.g., Russo v. Stearns Farms Realty, Inc., 367 A.2d 714, 717 (R.I., 1977) ("preponderance of the clear and positive evidence"); Hadley v. Ideus, 220 Neb. 878, 374 N.W.2d 231 (1985); Tipton v. Smith, 593 S.W.2d 298 (Tenn. App., 1979); Nugent v. Franks, 471 So. 2d 816 (La. App. 2 Cir., 1985). But see, Aldape v. State of Idaho, 98 Idaho 912, 575 P.2d 891 (1978) ("clear and satisfactory" proof); Bartels v. Anaconda Co., 304 N.W.2d 108 (S.D. 1981) ("clear and convincing" proof).
In Wisconsin, the middle burden of proof requires a greater degree of certitude than that required in ordinary civil cases but a lesser degree than that required to convict in a criminal case. Wangen v. Ford Motor Co., 97 Wis. 2d 260, 299, 294 N.W.2d 437 (1980). This court has generally required the middle burden of proof "[i]n the class of cases involving fraud, of which undue influence is a specie, gross negligence, and civil actions involving criminal acts." Kuehn v. Kuehn, 11 Wis. 2d 15, 26, 104 N.W.2d 138 (1960). In general, "clear preponderance" has only been considered substantially equivalent to "clear, satisfactory and convincing evidence" where the civil case involved a crime, fraud or gross negligence. See, e.g., Trzebietowski v. Jereske, 159 Wis. *364190, 149 N.W. 743 (1914) (civil case involving a crime), and Hafemann v. Seymer, 191 Wis. 174, 210 N.W. 373 (1929) (gross negligence), both cited in Kuehn, supra at 27.
"The middle standard for burden of proof was established by this court as applicable to more serious allegations than factual issues in the usual civil case. . . . This court has stated that 'a greater degree of certitude is required before there is a finding against a defendant who will be subjected to the stigma attached to the commission of certain classes of acts.' . . ." (Citations omitted.) Wangen v. Ford Co., 97 Wis. 2d at 300.4
Horlamus Industries argues that similar policy reasons should require a greater degree of certitude in adverse possession cases even where there is no fraud or criminal element involved. According to Horlamus Industries, the rationale for requiring clear and positive proof centers on the following principles: Adverse possession is to be taken strictly; there are usually no equities in favor of the adverse claimant; his acts are to be construed strictly against him, rather than against the title holder; and every presumption is to be in favor of possession in subordination to the title *365of the record owner. Horlamus Industries argues that the potentially harsh consequences to the title holder mandate that evidence of adverse possession must be strictly construed against the claimant. For that reason, Horlamus Industries claims that the "clear and positive" standard must require the same degree of proof as "clear, satisfactory and convincing."
We do not agree. The strong presumptions in favor of the title holder5 provide adequate protection against the taking of land by adverse possession, a protection that is afforded independently of the burden of proof. The jury in this case was instructed that:
"The evidence of possession must be clear and positive and must be strictly construed against the claimant. All reasonable presumptions must be made in favor of the true owner."
Under Wisconsin law, presumptions do not "disappear" or "burst" when evidence to the contrary of the presumed fact is introduced.6 This means that, even *366where rebutting evidence has been produced, the inference from the presumption survived and is sufficient to support a jury verdict until the presumption is met by evidence of equal weight. Judicial Council Committee's Note — 1973, 59 Wis. 2d R42. The mere fact that presumptions in favor of the title owner exist does not mean that the burden of proof should escalate to a higher standard. In fact, the contrary protection of the presumption thus tends to justify a lower burden of proof. It would obviate any necessity for a higher burden of proof. Rule 903.01, Stats., provides that:
"[0]nce the basic facts are found to exist the presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence."
Implicit in the provision of Rule 903.01, Stats., is a uniform quantum of proof for every presumption. All presumptions at common law and all statutory presumptions which do not express a quantum of proof require the civil standard of proof as the quantum of evidence sufficient to prove that the nonexistence of the presumed fact is more probable than its existence. Judicial Council Committee's Note — 1973, 59 Wis. 2d R46. This standard of proof is equivalent to "the greater weight of the credible evidence" required by the ordinary burden of proof and further supports the decision of the court of appeals that the trial court applied the *367correct standard of proof in this adverse possession action.
Horlamus Industries further argues that the instructions to the jury were misleading because the jury was told that it must be satisfied "to a reasonable certainty, by the greater weight of the credible evidence" and that "the evidence of possession must be clear and positive." Reversal and remand are appropriate where an erroneous instruction probably misled the jury. Fleury v. Wentorf 82 Wis. 2d 105, 113, 262 N.W.2d 68 (1978). Having concluded that the trial court was correct in submitting the lower burden of proof to the jury, we also conclude that Horlamus Industries could not have been prejudiced even if the jury were to equate the "clear and positive" language of the instructions with the middle burden of proof. If anything, this would have worked in Horlamus Industries' favor rather than against it. We have, however, supra, directed that the "clear and positive" language be deleted from the instruction.
By the Court. — The decision of the court of appeals is affirmed.
*893.25 Adverse possession, not founded on written instrument. (1) An action for the recovery or the possession of real estate and a defense or counterclaim based on title to real estate are barred by uninterrupted adverse possession of 20 years, except as provided by s. 893.14 and 893.29. A person who, in connection with his or her predecessors in interest, is in uninterrupted adverse possession of real estate for 20 years, except as provided by s. 893.29, may commence an action to establish title under ch. 841.
*360"(2) Real estate is possessed adversely under this section:
"(a) Only if the person possessing it, in connection with his or her predecessors in interest, is in actual continued occupation under claim of title, exclusive of any other right; and
"(b) Only to the extent that it is actually occupied and:
"1. Protected by a substantial enclosure; or
"2. Usually cultivated or improved."
The court gave the following instruction on the burden of proof:
"The burden of proof, other than on the damage question in the verdict, rests upon the party contending that the answer to a question should be 'yes.' This burden is to satisfy you, to a reasonable certainty, by the greater weight of the credible evidence that 'yes' should be the answer."
Another portion of the charge to the jury discussing the nature of the evidence of adverse possession that could be utilized stated:
"The burden of proof is on the one asserting the claim. The evidence of possession must be clear and positive and must be strictly construed against the claimant. All reasonable presumptions must be made in favor of the true owner. The sole test of adverse possession is the physical character of the possession. This physical possession must be hostile, open and notorious, exclusive and continuous for the statutory period. There must be actual visible means by which notice of the intent to exclude is given to the true owner. Only the premises actually occupied may be adversely possessed, and the land is adversely possessed only if it has been protected by a substantial enclosure or usually cultivated or improved for twenty years."
It is clear that this instruction is not an instruction on the overall burden of proof. Rather, it clarifies what evidentiary standards are appropriate to evaluate the evidence of hostile occupancy by an adverse possession claimant.
Also, we point out that the instruction quoted above may be confusing in respect to its reference to the title holder as "true owner.” In conformance with sec. 893.30, Stats, (footnote 5 infra), the title holder should be denominated as such and not as the "true owner."
Roche v. Town of Fairfield, 186 Conn. 490, 442 A.2d 911 (1982); Lee v. Hansen, 282 Or. 371, 578 P.2d 784 (1978); Caywood v. Department of Natural Resources, 71 Mich. App. 322, 248 N.W.2d 253 (Mich. Ct. App., 1977).
During oral argument, Horlamus Industries attempted to distinguish Bailey v. Hovde, 61 Wis. 2d 504, 213 N.W.2d 69 (1973), as an instance where the middle burden of proof was used in a civil case not involving a criminal element, gross negligence or fraud. In fact, the burden of proof in that action for reformation of contract was upon the person claiming a right to reformation to prove by clear and convincing evidence that the contract as written was entered into by mutual mistake or by fraud. Id. at 511. This is no different from the kinds of cases enunciated in Kuehn, supra.
"893.30 Presumption from legal title. In every action to recover or for the possession of real property, and in every defense based on legal title, the person establishing a legal title to the premises is presumed to have been in possession of the premises within the time required by law, and the occupation of such premises by another person shall be deemed to have been under and in subordination to the legal title unless it appears that such premises have been held and possessed adversely to the legal title for 7 years under s. 893.27, 10 years under s. 893.26 or 20 years under s. 893.25, before the commencement of the action."
"903.01 Presumptions in general. Except as provided by statute, á presumption recognized at common law or created by statute, including statutory provisions that certain basic facts are *366prima facie evidence of other facts, imposes on the party relying on the presumption the burden of proving the basic facts, but once the basic facts are found to exit the presumption imposes on the party against whom it is directed the burden of proving that the nonexistence of the presumed fact is more probable than its existence."