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.