Talking with the neighbors

JB · 2014-03-07T23:21:00Z

I got a call from a homeowner to have a lot line surveyed. They've owned the property since the 70's. It's a metes and bounds description, as are the neighbors. Everything starts out well, first few monuments are found and are just about dead on. Turn the corner and the found monuments aren't agreeing to the deeds by about 1.5'. There are survey stakes out there marking the lot lines so I get the feeling that there has been some survey work going on in the not-too-distant past. One of the neighbors pulls in and I ask if they are aware of any surveying going on. They said that another neighbor had someone out there. I go to talk with them and they indicated that they had some work done. I want to see if I can get a copy of the plats for that work so I left a card.Meanwhile my client calls and says that she sees me talking with the neighbors and is kind of pissed. When I get done, I walk the lines with her and explain the discrepancies I found. She says that it was very unprofessional of me to talk with the neighbors without consulting with her first. I explain that my discussion with them was part of my investigation of the property lines. She's still pissed.I wasn't aware of any issues with the neighbors, she just wanted to know where the lines are.Did I betray my clients interest by talking with the adjoiners?Doesn't seem to be a huge blowup, but it made me feel bad that she felt that way.

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Strictly Surveying

Last Post by Marc Anderson 12 years ago

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Marc Anderson

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I think you're obligated to talk to the neighbors. It's a evidence collecting exercise, to ignore their testimony is akin to being negligent.
Explain this to your client. We all understand the possibilities of an adversarial relationship existing between them, but your first duty is to determine the truth. You're not a hired gun. She needs a lawyer for that.

Posted : March 9, 2014 3:02 pm

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Talking with the neighbors

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