Let's say, in a hypothetical situation, you have a client who's neighbor has a fence and driveway encroaching into their property and refuses to move it.
This is a hypothetical scenario, so let's say that without a doubt, the improvements are encroaching and your client wants to make his own improvements and these are in the way. What action should he take to make sure this happens.
TIA for all of the excellent responses I know this will generate.
Dugger
Assuming a prescriptive easement or adverse possession has not ripened, two phone calls:
His title company (unless the encroachments are new and post date his title/mortgage survey).
His attorney.
This is a usually civil matter, although in some states, the injured party has the right to remove the encroachment.
Other options include a court order and suit for damages.
However, if removal will result in harm to the neighbor, then removal is often disallowed.
Tell the owner to go ahead and build, just build over the existing things. Tell him to be generous and a good neighbor by leaving plenty of room under his improvements so the neighbor can continue to enjoy his driveway, something like 6" should do it. This is not a surveying problem, it is a legal one and as such, you already know who they should call.
jud
This is a test of the dual board response timing and knowledge of subject!
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Send your client down to the court house and have them ask what it takes to file a quite title action. Maybe they can handle it themselves if they don't mind the risk of screwing up... it doesn't have to cost all that much with an attorney involved. Most attorney's are honorable, just like surveyors; it's the jerks you hear about...
maybe a "Quiet Title for Dummies" is available?
Do they do their own estate planning, too?
You said without a doubt the improvements are encroaching. I'll operate under the assumption that there was a survey performed recently showing the encroachment.
If it was a client, I'd let them figure that out for themselves (inform them of your hourly rate for court testimony). If it were a friend asking, I would tell them this....
Have a lawyer draft up a stern letter informing them that if they do not remove the encroachment within 10 days, you will hire a private contractor to remove the encroachment and send them the bill for that service and any damages you incurred (lawyer fees, survey costs, ect. ect.). I would also include a copy of the recent survey proving the improvements are encroaching.
The lawyer should carefully consider the next action.
Just my un-educated opinion. JRL