How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26098
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Type Your Real Estate Law Question Here...
Roger is online now
A new question is answered every 9 seconds

In Oct. 2010, I filed a law suit against a neighbor who excavated

Customer Question

In Oct. 2010, I filed a law suit against a neighbor who excavated a lake onto my property and subsequently built a boat dock that is entirely on my property. Two property pins were removed and a third repositioned. This activity took place before I purchased the home built on this lot. I have an affidavit from the owner of the lot at the time of the excavation and another from a neighbor who observed this activity. We have taken a deposition from the representative of the developer who claims to have done the excavation on behalf of the developer. The offending neighbor also built a patio and fire pit on my property, occupying approximately 2.000 square feet, including the lake expansion. None of this construction was documented, posted to county records, or posted to the community plat. The offending neighbor is vice president of the homeowners' association. He has clearly violated several existing covenants, which I documented and reported to the covenants' committee, only to be ignored. In my opinion, my attorney has not been dilligent in bringing this matter to trial, in spite of collecting over $3,000 in attorney fees since Oct. 2010. I am considering replacing the attorney as I don't intend to drop the matter. The boat dock has blocked my access to the lake, and I moved to this location, in part, for the fishing. My primary question is, what is a reasonable time period to bring a property issue such as this to trial. I live in Kentucky.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX X'X a Real Estate litigation attorney. Thanks for your question.

Disputes such as this are usually triable within a year or so of filing suit. Usually, you need a month or so to receive an answer to the complaint filed, and then the parties spend a few months exchanging discovery - maybe 4-6 months - and then the matter should be set for trial at the court's convenience.

That said, there certainly can be delays that would drag this matter out for 2 or more years. However, if the issue just is that the attorney will not file a motion for a trial setting and get an order setting the matter for trial, then you may want to demand that, and if your attorney refuses, then you may want to consider consulting a new lawyer.

USUALLY, in these types of cases, if you can establish the property line with a survey and prove that the development, construction and excavation occurred on your property, then there's really not a lot more to prove. Thus, the case should be pretty straightforward and not really a complicated matter.

Before changing attorneys, you should have a meeting with your current one and try to reach an agreement to get your case to trial - - I say this only because it will cost you even more money to get a new lawyer up to speed in order for him/her to be ready to move forward.
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 26098
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 9 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks for your response. Your note confirms my perceptions on this matter. Before engaging an attorney, I had a survey of the lot that clearly determined the lake expansion, boat dock, and construction was on my property, and the adjacent property pins had been removed. The owner of the lot provided a sworn statement that he confronted the offender when he discovered the alteration had taken place. There is a Kentucky Bar Statute addressing "due dilligence" and the effect of lawyer procrastination on a legal case. I plan to discuss my dissatisfaction with the excessive time this case has taken. I will insist on a written timeline for future action. If my attorney can't or won't follow it, I will likely seek a new attorney and file a complaint with the Bar Association. I don't expect a complaint will have any effect, but at least the attorney will have to respond to it. I believe the excessive time involved has damaged my position in reaching a settlement.

Expert:  Roger replied 1 year ago.
Yes, there are rules of professional conduct that govern a lawyer's responsibilities, and there is a duty to

You can file a bar complaint against the lawyer for the Kentucky Bar Assn. Here's a link to how this can be done and also a complaint form: http://www.kybar.org/235

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.