I wouldn't worry about it too much. If she is too lazy to get out there and do something about it herself....It isn't going to be worth the time and money to her to have to take a case to small claims court. And then she would have to present her evidence and I think she would get laughed out of the courtroom. You might even be able to counter sue and get maintance fee for maintaning that little area for the past 3 years. Since it legally is her property.