How can they claim adverse possession when the previous owner LET them use it? Unless I'm mistaken the essence of adverse possession is that it's done for several years WITHOUT permission.)))
adverse possession is difficult to win in any circumstance...BUT...this new owner might just P.O. a judge. I knew of a case where a homeowner, angry at his neighbors, painted "a&&holes" on his roof! Judge fined him and made him remove it.
LETTING someone do something can take many forms. It can involve benign neglect, straightforward legal permission, lack of knowledge...Mostly, as I understand it, the circumstances for a successful action need to involve years where the owning party does nothing to protest the possession.
Building the fence and painting it an annoying color may be a matter for shrugs from a strict libertarian, but I think it is in the category of the man who painted insults on his roof. Building the fence for no other reason than to obstruct the view of people used to a particular view is not going to win the affections of a judge--it is clearly a vindictive act. Legal, perhaps, but could be actionable.
I'd like to hear how this case goes...