I did a survey and found the the title lines and possession lines were in conflict.
I contacted the adjoiner and talked to both him and my client. Both were a little suprised by my findings, but accepted the results (the monumentation worked real nice.....for once).
I suggested various ways to handle this, from quit claim deeds, to easements, and a few other ways to handle it. Both said the would think about it and call back.
Well in the meantime the adjioner talks with his attorney and thats were things went down hill...I'm not sure of all the details, but there were indications of adverse possession claims, damage claims, things got real tense, from two neighbors who, originally, wanted to work things out (at least thats what they said, who knows for sure.) I think there was even a pre-trial date, but I'm not sure...
Anyway, I do various maps under my clients direction, depicting different scenarios, for him, he spends a lot of money with me and I can only imagine how much his attorney is costing him.
Well time goes by and I kinda forgot about the whole thing.
Today I get a phone call...they settled on one of my original suggestions (granting easements to one another for the encroachments)...
So five years later, some serious coin, hard feelings, and we end up with the result a lowly surveyor suggested originally....
The Lawyer is happy and richer!
It always blows my mind, all of that time and money over a few feet and they end up settling anyway. No common sense when the lawyers get involved.
T.W.
it seems that the clients forget that the lawyers do not act as consultants but ADVOCATES and will argue whatever the client wants, or even offer suggestions that are not the easisst solution....
Recently though, I am working on a small project reagrding some accreated land along the ocean. There is a minor dispute with the local town. At a selectmens meeting one of the town fathers told the town counsel that he didn't care what he said, or what the independant counsel had determined, as far as he was concerned the lawyer would argue whatever the board told him to argue!
So, sometimes the dog does wag the tail and not the other way around...
I sure wish attorneys would have to keep the public's best interest in mind like surveyors are required to do. It would make things a tad more equitable.
This type of surveying that lets owners and lawyers resolve discrepancies is ridiculous.
Remember, lawyers MUST create a dispute before they can work.
When your state laws contain statutes of repose or limitation, there IS NO DISPUTE unless the surveyor creates one for the lawyer.
Know your state laws!!!
Once physical evidence of a boundary marking the limits of occupation and control between adjoiners is in place and unchallenged by the affected owners, that marks the legal boundary line, not our interpretation of the description. If the time limit specified in the law has lapsed, no challenge is allowed and the occupation line must be accurately described IN THE RECORDS. Where does a land owner get an accurate description if not from a surveyor?
Land surveying is a legal profession that requires knowledge of the law beyond the platting statutes.
Deed staking is not professional land surveyng!
Richard Schaut
