Sounds like you are proceeding with appropriate caution and gave her sound initial advice. Since you did the job before and it's not your client who is being the problem, I don't agree with those who say to wash your hands of the mess. Ensure that you have a contract to get paid for what you do and that your client understands that all you do from this point will need to be done with an extra measure of coordination with local law enforcement to be present to keep the peace while you work, for you to take extra measures for documentation in anticipation of litigation, and to coordinate with the attorney prior to and just after completing your work.
Good luck.
I clicked the Like for Alan Cook's reply "#2" on Sunday with little thought. It seems that it is the only avenue to settle the dispute.
The crazed neighbor has already thrown down the gauntlet with a legal action.
The client has been damaged by crazed neighbor by removing your survey markers.
So she should take action on a counterclaim,
Participation of attorneys in the dispute is inevitable. Let the attorneys dicker it around....get it to court and let a judge call for surveys etc. or call for the parties to reach a settlement.
# 3 wouldn't fly here unless a police officer or sheriffs deputy was hired for a special detail.
They do not have the authority in civil matters to say what's what. All they can do is keep the peace.
Police here would say call when the situation is out of control and a criminal action is occurring.
billvhill, post: 375524, member: 8398 wrote: Number 3, The enforcement of this order would be a police officer who would than become a witness to the actual boundary line location.
Nope - the officer can be a witness to what occurs on the property, but not to a boundary line that is in dispute!
No. 2 is the correct answer...
One thing nobody has pointed out is that in order to determine the best course of action we have to first define the goals. Are they to:
A) permanently monument the disputed boundary, or
B) help the client come to terms with the neighbor.
I also point out the HC's client won't likely have to pay for this attorney. That will be covered by either the crazed neighbor or HC's E&O insurer. In time.
Anyone hoping to get anything from me is barking up the wrong tree.
6' t-post driven flush & the rebar and cap of your choice at ground level. 70% of the time, it works every time.
