Client 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.

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 fence has been up for several years.

What are relevant Ohio laws regarding adverse possession/ easment by prescription?

Who's burden it is to prove what in this case?

Can Martha recover 3 feet of her property?

What can James argue in this case?

What advice can we give to Martha as a law office?

Looking for appropriate case and/or statutory law...