I’m trying to study for my Law course and I need some help to understand this question.

You are working as a paralegal for a firm in Cleveland, Ohio. One of your clients is a sweet old lady named Martha. While Martha was organizing her estate plan, she had a survey done on her home and realized that her neighbor James’ picket fence is actually 3 feet on HER side of the property line. Martha does not want to get into a fight, but at the same time, she does not want James to permanently keep the 3 feet of property that belong to her. So, she comes to your firm to ask advice.

Marth a has a deed that clearly shows that she received title to the 3 feet in question through a deed executed over 40 years ago. James, of course, will argue that he acquired the 3 feet via adverse possession. Neither James nor Martha can remember exactly when the fence was put up and neither party can remember what was done with that space before the fence was put up. It is apparent that this case will come down to who has the burden to prove what because it’s apparent that neither party can prove much of anything except that Martha has her deed and all parties agree that the picket fence has been up for several years.

Your supervising attorney asks you to draft an essay, citing relevant Ohio law where applicable, explaining who has the burden to prove what in this case and whether it is likely that the burden can be met. Please do so.