Encroachment by Neighbor's Driveway

Things are still going smoothly. Fence is being built next week as planned and my lawyer is drawing up a letter for me to send to her (which I have already told her about, just to protect myself). Her issue is with her builder and developer not with me or where my property lines sit. She is adamantly "digging for answers" yet the end result will be the same....whats mine is mine. I will update as new info is brought to the table.

thanks for the update

Quote:

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Quoting LandSurveyor

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As a surveyor I have to say up front that I am not an advocate of trying to drag unwilling adjoiners into a boundary adjustment. If people want to know and defend their boundaries, I am a part of a profession which is put in place to be at their service. I never insert myself to be a mediator in a boundary dispute unless expressly asked by both parties to the dispute. If so asked, I try to bring my forty years of experience to the table. Otherwise, it is none of my business but the business of the adjoiners to decide on any further action. If called into court to testify, I will state my opinion based on my finding of facts in the case.

The OP has expressed no such desire and I think this is the best advice so far given if the OP wants to be a "nice guy":



That's all that is required for him to protect his property. Since it's his he needs no further excuse or reason to assert his ownership.

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As a surveyor with almost as much experience, I advise my clients of all options. A Lot Line Adjustment is one of the better options in many such situations and one that many landowners are not aware of. It is a completely voluntary process and indeed is one that landowners cannot be forced to enter into short of a court order as a result of a suit brought by one or both landowners. A LLA is an administrative procedure that costs in whole merely a small fraction of what litigation would cost each party.

The OP expressed no desire to be "a nice guy", but neither did he indicate that he was itching for a costly legal battle that would most likely result in peaceful neighbors being next door enemies for as long as each remains at their respective residences.

I do not insert myself as a mediator, but I do offer my services to facilitate a LLA if the landowners jointly, and of their own volition choose that course of action after I make it's availability known to them. If my client chooses to pursue means, litigation or otherwise to regain property included within their written title, I offer my services to provide exhibits, documentation, and testimony toward that effort as well.

I do not withold any viable options that I am aware of from my client. I'm a little surprised that you responded to my suggestion the way you did as I was under the impression that you were also the type of professional who would advise your client of all reasonable options to a solution and allow them to make a fully informed decision.


???