Our neighbor's lot ends with a blacktop edge. When we built our fence 15 years ago, we set it in 3 feet, so we could plant flowers and plants on our neighbor's side for her enjoyment. We maintained it through our gate up until 5 years ago, when our neighbor secured the gate and closed it off to us. She also planted tall plants (bamboo, lilac, etc.) on the strip on her side of the fence.
We recently removed our fence and got a survey done. The survey actually shows that the boundary should be another 5 feet inside our neighbor's lot (which would go through her well house and 2 sheds that have been built over the past 20 years.
We have no desire to take that 5 feet back, but want to install a fence abutting the blacktop where the boundary line had been established prior to our fence installation.
It gives us more room to walk next to our house, and gets rid of the tall bamboo and lilac plants that she had planted which shade fruit trees that are next to our house. She had also built structures with large bamboo screens that shaded our kiwi vines. We removed those plants and the structures already.
We are ready to install the fence, but our neighbor, who is quite litigious (she's sued various people and organizations a lot in the past), went to the county and has told us she has a pro bono lawyer ready to support her case, because she needs access to park her car and open her door without a fence being in the way. Previously, she never parked her car where the plants were located (in the same place where we plan on installing our fence). But now she is parking her car right up against the strip that we have cleared of her plants and made ready for the fence. (We dug up her tall plants and gave them to her already, with her approval).
Now she says she will sue us if we put in a fence against her blacktop and infringe on her door opening. (She is on disability as part of her claims against a previous operation that she claimed damaged her hearing and gave her migraines), so she has probably received support from a disability office).
Apologies for the long intro: my question is, if we were to install the fence next to the blacktop, what must she do to force us to go to court?
Does she need to do her own survey? (she wouldn't be able to pay for that out of her pocket, and I doubt if the disability place would pay for it).
Alternatively, could she sue us for "adverse possession", claiming that the fence was there for more than 10 years (which is adverse possession in WA, I believe), even though the gate was there and we used it for maintaining the strip on her side up until 5 years ago?
We would prefer not to go to court, but to just build the fence and forget about it. If she is able to sue us, we would have to pay money for a lawyer, and we've already had to pay plenty for a lawyer in the beginning for consultation, and for the survey.