What do you tell your client?

Tell them the truth?

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The buzz-phrase around here these days is "we need to manage the client's expectations".?ÿ

Posted by: @dougie

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.

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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

Posted by: @norman-oklahoma

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.

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@loyal

v

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.

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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

@rundatline

Yes, it's fairly uncommon in the PNW, especially in urban/suburban areas.  

@norman-oklahoma

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.

Posted by: @dougie

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.

@james-vianna

Why hire a surveyor then? I would be out of a job if I followed your advice.  

@norman-oklahoma

Development was barely regulated until recent years in my area. It's not unusual to find encroachments of homes, accessory structures, fences, septic systems, driveways etc. 

I had a similar situation last week. It was a gravel driveway instead of a fence.?ÿ

I staked the line and showed both my client and the neighbor. I told them both their options.?ÿ
1. Let sleeping dogs lie and do nothing.

2. Give the neighbor an easement for their driveway.?ÿ

3. Sell the neighbor the small piece of property.?ÿ

4. Make the neighbor move the driveway.?ÿ

Once I let them know what their options were I told them to get back in touch with me if they need my assistance in trying to accomplish the easement or splitting off that part of the property.?ÿ

Monumenting a boundary and establishing absolute ownership are to very different things.

Monday we finished a job where we found the section line for one half mile and set about 20 markers along that stretch.?ÿ The existing old barbed wire fence is 21 feet east of the line at the north end.?ÿ That number hovers in the 12 to 18 foot range for about 1000 feet to the south, then it starts pulling in much closer, then it crosses the section line by about one foot to the west, then it begins moving east again to a maximum of about 10 feet another 1000 feet to the south, then stays around 10 feet for the remainder of the half mile.?ÿ The client's goal was simply to know where the section line is located so that a path can be cleared to construct a modern fence along the entire length to keep cattle on one side and hunters on the other side.?ÿ The hunter side will contribute absolutely nothing to the effort and bellyache about any piece of vegetation that is disturbed no matter where it is and the size of it.?ÿ Bad neighbors.

Posted by: @aliquot

Why hire a surveyor then? I would be out of a job if I followed your advice.?ÿ?ÿ

why are you an attorney also? im not saying you cant resolve the situation by performing a survey service just that once the fence is found to be over the line you client needs legal advice