Subject: Re: Fence dispute: and plantings
From: (Diane Blackman)
Date: 1996/08/06
Newsgroups: misc.rural

Its very chic to dump on attorneys. If your attorney is not focussed on resolving the problem then get a new one. Smart people can tell the difference between someone who is solving problems, and someone who is stirring them up.

Based on the follow-up by the original poster proving the line is not enough to resolve the problem. It certainly wasn't for us in our dispute. We proved our survey line and they (the other side) said "adverse possession" "agreed boundary" "prescriptive easement" "laches" Our surveyor was absolutely tops. Honest and straight-forward. Told us he might find information that was unfavorable and we said fine, we just want the truth. Well turned out proving the line wasn't enough. Our surveyor didn't practice law by passing judgment on the potential risk of our "neighbor" having acquired title by some other means.

Moose Meat wrote:
: My task is to mark the TRUE & ACTUAL property lines on the ground to the
: very best of my ability. A proper survey includes lots of research,
: history, law, and years of experience (also called intuition.)

: Do not, REPEAT *NOT* contact an Attorney. Few Attorneys are as
: knowledgable in property law as a competent surveyor.

Find a competent attorney to advise you on the law. You can't hold your surveyor for responsible for legal malpractice if the legal advice is wrong.

: Ask around, particularly at the title insurance companies, and find the
: surveyor with the very best reputation for integrity. He isn't likely to
: be cheap, but he will SOLVE your problem, and at a much cheaper fee than
: an attorney. (Who by very nature thrive only if there are MORE problems!)

The results of an excellent survey are of no value unless the neighbor agrees to abide by it. If you can get the neighbor to promise to abide by the survey then you don't need the attorney, if not well the advice you get here is free and worth every penny. --
Diane Blackman
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Be true to your own principles, and hold to them, else complain not when the world runs contrary.

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