Quote:
Originally Posted by ossiblue
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.
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In California this is accurate. Some states temper the exclusivity of the prescriptive right/easement to that which is essential. If she can remove part of her fence to access her dirt strip, in some states she must do so. If she was notified by other owner in writing, than she can't perfect the right.
I would play it safe. I had one of these where a retaining wall alignment was beneficial to both me and my neighbor by encroaching on my property. We exchanged letters to that purpose and recorded it with the County. Worked out great, though my Neighbor was a great person.