Quote:
Originally Posted by Danimal16
All good advice for dealing with a disturbed individual.
My only concern is with her prescripting a property right in the form of a prior use easement.
If she is that crazy, you may need to protect your property rights through notification. If she perfects that right she may be able to take that piece of your property that she uses to access that dirt strip.
This is serious stuff, I would consult a lawyer.
You may need to act to preserve your rights, it could be as simple as a certified letter perfecting your rights, but if you are afraid to confront her, you may have more to lose than you realize.
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IMO, this applies to the access to the dirt strip^^.
She has lived in her house for over 30 years and has had access to that strip all that time. Unless there was a written statement in the selling documents that she had permission to use the access (or denied use), then she more than likely has a prescriptive easement on your driveway. She doesn't have to have anything recorded, just use which, in this case, is her and her husband's word. Contacting the former owner and asking if he gave permission would negate the easement, if he gave it and if he can be located.
As mentioned in the above post, pushing the issue may give her information about a legal right she has that she is currently unaware of. You could go ahead and construct a fence and see what she does. If she goes legal and claims an easement, the worst for you is removal of the fence.