L
leguleian
Guest
What is the name of your state? Massachusetts
Based on my previous posted, it looks like I am potentially getting involved in an ugly and expensive litigation suit regarding an encroachment to my land which cannot easily be removed.
If I win this case, am I entitled to recover damages? These damages consist of: attorney's fees, surveryor's fees, out of work time, cosmetic damage to the land, court costs, etc. In addition to this, I have substatial ill-will created with my neighbor which is perhaps worth more than all other factors combined.
Also, there are other factors concerning this case which really bother me.
When I initially purchased the home, I hired both a surveyor and real estate attorney. I paid good $$$ for these services. My real estate attorney failed to advise me properly. After the boundary dispute emerged 1.5 years after purchase, she said that the survey that was done was a "tape survey". This type of survey failed to identify the encroachment. A tape survey does not involve instrumentation, only a tape, according to the attorney. I was not aware of this. Is this industry practice? Quite frankly, I think this was a fraud and no survey was done at all. When I tried to contact the original survey company, I was not satified that these people could execute a survey at all.
My real estate attorney never told me during the purchase to conduct a full instrumentation survey, or that a real survey was desirable or warranted.
In addition to this, the real estate agent failed to provide me accurate information. When I sited the properly line myself, the bounds pointed out by the agent were not the actual bounds. This made a big difference in the location of the patio and retaining wall, since from the real estate agent's information, the wall and patio were clear of the line, when in reality they straddled over it.
I suspect that the real estate agent knew about the encroachment, but did not say anything.
Is there anything I can do about these factors?
Based on my previous posted, it looks like I am potentially getting involved in an ugly and expensive litigation suit regarding an encroachment to my land which cannot easily be removed.
If I win this case, am I entitled to recover damages? These damages consist of: attorney's fees, surveryor's fees, out of work time, cosmetic damage to the land, court costs, etc. In addition to this, I have substatial ill-will created with my neighbor which is perhaps worth more than all other factors combined.
Also, there are other factors concerning this case which really bother me.
When I initially purchased the home, I hired both a surveyor and real estate attorney. I paid good $$$ for these services. My real estate attorney failed to advise me properly. After the boundary dispute emerged 1.5 years after purchase, she said that the survey that was done was a "tape survey". This type of survey failed to identify the encroachment. A tape survey does not involve instrumentation, only a tape, according to the attorney. I was not aware of this. Is this industry practice? Quite frankly, I think this was a fraud and no survey was done at all. When I tried to contact the original survey company, I was not satified that these people could execute a survey at all.
My real estate attorney never told me during the purchase to conduct a full instrumentation survey, or that a real survey was desirable or warranted.
In addition to this, the real estate agent failed to provide me accurate information. When I sited the properly line myself, the bounds pointed out by the agent were not the actual bounds. This made a big difference in the location of the patio and retaining wall, since from the real estate agent's information, the wall and patio were clear of the line, when in reality they straddled over it.
I suspect that the real estate agent knew about the encroachment, but did not say anything.
Is there anything I can do about these factors?