Hello all,
I recently completed a survey for an individual “Joe” on a building lot adjoining an individual “bob”. There is a 20’ drainage easement along their common line (10’ each side). There is a wood fence and possibly a shed inside this easement on Bobs side.
After completing the survey I find out that Joe and Bob have been battling each other over a different commercial property (also neighbors there). Joe bought said lot hoping the fence was over the property line but it’s not. After seeing that the fence was still located in a drainage easement which is against town codes he now plans to sue Bob and the town to have it removed. He is also hoping to have the shed removed which I do not show and did not locate for my survey since it was obviously not encroaching on Joe’s lot.
Joes lawyer calls and wants me to locate the shed and sign an affidavit for court stating I located the fence and shed in the easement and they should be removed as it’s against town codes.
I will not be locating the shed or signing an affidavit for use in court stating such facts.
As the map is a signed legal document itself and is filed. I don’t see the point in an affidavit stating the facts shown on my survey other than to testify that I did in fact survey the property and the information shown on the map is correct.
Thoughts?
Nearly every case I'm involved with the experts prepare affidavits laying out the facts for the court. This is your opportunity to show the hearing officer a clear path to a correct decision.
What you are suggesting is tantamount to telling the judge to figure it out himself. He is likely to take up that challenge and come up with a painfully incorrect judgment (probably against your client).
