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Author: [General Discussion] Topic: Legal Issue- Need advice
kaponofor3 send a private message View Space | Blog | Friends | Playbook |
kaponofor3
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Joined: Nov 2007
Posts: 35291
Location: California
#26
Posted: 6/23/2012 11:40:08 AM
"On the advice of my attorney, I asked Mark to produce of a plat of survey on his lot next door. He refused. Cursed me out via text message and told me to "be a man and own up for my mistake." Then he texted me "move that friggin fence." I again asked why I can see his survey and he told me "I don't need to get a fuckin survey.""

You tell Mark to go darn himself if this is the attitude he is going to take with you. He wants you to expend a lot of money moving a fence that is allegedly on his lot without showing you proof in the terms of a survey? For him to take an attitude like that after pointing the problem out to you makes him a huge dickhead. He should be begging you to work this problem out from outside of the legal process cause it would save him a ton of money. If you wanted to, you could force him to expend a lot of money to go to court to get the legal right to force you to change it, and I guarantee if he does it that way because you don't cooperate, he will have to show to the judge proof of the fact that your fence is allegedly on his property. Unreal Irish!

"I also called and sent a letter to Joe the builder. Asked him to explain how this is happening and why I would have land and my driveway in land that did not belong to me. He has not responded and is ducking my calls. He owns a major company and is having his secretary tell me that he will get back to me."

Sounds like it is time for a letter from your attorney on his firm's letterhead. Funny how often that can get things done.

"By the way guys, I found out that NO survey was ever done by the builders when he built my home."

Sounds like a prima facie case of professional negligence to me. How does a builder build without a survey?

"No survey done on my home and the builder next door refuses to get a survey done on his lot. He says he doesnt need a survey because "the pins do not lie." He is referring to the magnetic pin line that he found with his little detector. He put a wooden stick where the pin is located and that is how he determined that I have several feet over my line and into his property. He wants me to pay for his survey. Not a chance it is happening."

Yeah, that's not happening. If he believes it needs to be moved, he needs to pay for the survey. He'd have to use a legit survey in court, not some magnetic pin line. Besides, the magnetic pin line has to be based on some sort of underlying survey like documents or subdivision map that sets forth the property boundaries, wouldn't it?

Stay strong here Irish.
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