Let's say you're doing a survey on a residential lot, and you discover that 80' of the neighbor's fence is 10' into your client's property, the property line is 220' long.
What advice do you give your client?
Yes, for the sake of argument, you are 99.9% confident that your survey is correct.
TIA
Dougie
?ÿ
Tell them the truth?
😎
The buzz-phrase around here these days is "we need to manage the client's expectations".?ÿ
Let's say you're doing a survey on a residential lot, and you discover that 80' of the neighbor's fence is 10' into your client's property, the property line is 220' long.
What advice do you give your client?
Yes, for the sake of argument, you are 99.9% confident that your survey is correct.
TIA
Dougie
?ÿ
Everything, Now.
Including that 0.1% of doubt
this is what we do, there is no compromise.
?ÿ
I would tell them to inform the neighbor of the findings, and that they intend to move the fence to the true line (whether they do or not). And to do it with a registered letter.?ÿ?ÿ
I would tell them to inform the neighbor of the findings, and that they intend to move the fence to the true line (whether they do or not). And to do it with a registered letter.?ÿ?ÿ
... including a copy of the survey.
?ÿ
Dougie, have you talked to the neighbor??ÿ How did it get this way? How long has it been this way??ÿ Are you filing a ROS? (of course you are).?ÿ Why did your client order the survey??ÿ Did they have an inkling that this fence situation was what it turned out to be.?ÿ?ÿ
I usually tell the client and anyone else listening that the survey is not done until we have had time to review our notes, prepare the map and the bill is paid.?ÿ That all said, offer to send their attorney an image of the map so that you are not blindsided by a telephone call from them.?ÿ?ÿ
If the statutory period has not passed, that will (may?) break the uninterrupted hostile occupation. If the statutory period has passed it may form the basis for starting the clock on reverse AP.
I tell them the truth. If we are talking 10' over the line I am going to be 100% positive I am correct that the fence is on their property. Now whether its 10' or 9.95' over the line I might be a little less positive about depending on how the fence was shot.?ÿ
You present the question as if this is an unusual situation. Is this situation unusual in your area?
I'd estimate 50% of boundary surveys I do have some sort of encroachment ranging from minor to major.
?ÿ
I'd explain to my client courses of action available if he wishes to peruse the matter. I would also bring in to the conversation the possibility of a lengthy legal process as well as the happiness of living alongside someone who is upset with you as you are him. There are win/win solutions as well as lose/lose. Clients call.?ÿ ?????ÿ
Yes, it's fairly uncommon in the PNW, especially in urban/suburban areas.
I'd have to disagree with you on that. Maybe not 10' but a plethora of properties in the NW have at least minor encroachments.
What advice do you give your client?
well unless you are an attorney I would not give them any advice. I would not even venture as to owns the fence.
