Before you go to court!

Taking a boundary dispute through the legal system is a serious and time-consuming undertaking. It also can be extremely expensive, and the end result may not be to your liking.

Before beginning the process, consider this question: Is the boundary the real problem, or has it become an issue only after other disagreements have developed? It is not uncommon to encounter a situation where neighbors are feuding, and a poorly monumented boundary line is seized upon by one of the parties as another way to continue the fight.

In addition, make sure the land in dispute is worth the effort. For example, the value of a 5-foot strip of land along the side of a steep ravine may be less than the money spent defending it. On the other hand, the same 5-foot strip may have great value if its loss prevents you from using your driveway! It is up to you to decide if the land in question is of sufficient value to warrant the expense and time involved in a court dispute.

If you do decide to proceed, you will probably want to retain the services of an attorney who specializes in real estate law. Lawyers tend to specialize in a specific area of law, and the attorney who competently handles the complexities of incorporation or criminal trial may not be the best choice. Certainly, it is always prudent to check the credentials of any professional you hire.

The surveyor you hire should also have extensive experience in problem boundaries and a firm grounding in real estate law. This is very helpful to your attorney and makes for a more productive working relationship between attorney and surveyor. The attorney may suggest avenues of research to the surveyor; and the surveyor can point out to the attorney specific findings that may be useful in court. This cooperation of surveyor and attorney can be critical to success in court.

2Point, Inc. is well qualified to help you should you decide to pursue a disputed boundary through the legal system. Our policy is to provide the highest quality in surveying services for our clients and exhaustive research on difficult boundary problems.