Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

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

a lake onto my property...
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.
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 10 minutes by:
5/15/2013
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,875
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Hi - my name is XXXXX XXXXX I'm 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
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,875
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Roger and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years 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.

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

Ask Your Own Real Estate Law Question
Ask Roger Your Own Question
Roger
Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31,875
31,875 Satisfied Customers
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

Roger is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, 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

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Can a walking easement of 20' that shows on a plat map with
Can a walking easement of 20' that shows on a plat map with definitive width, length and surveyor pins be considered a "floating" or "blanket" easement if it was not recorded as such initially? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My client is being sued by his Homeowner association and
My client is being sued by his Homeowner association and want him to sign a document that will authorized foreclosure. The Annual fees of the association are $250 and they are suing him for $5,000+ He… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
Can a homeowners association deny a homeowner's application
Can a homeowners association deny a homeowner's application to plant trees within his property borders because it has a drainage easement where the trees will be planted? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I have a neighbor who had a new survey done. According to
Hi Pearl, I have a neighbor who had a new survey done . According to the new boundary, it created a line that crosses over my driveway. by 15' .on an acute triangular sliver that reduces down to nothi… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Can a homeowners' association own land? If so can a
Can a homeowners' association own land? If so can a partnership that currently owns the land transfer it to the HOA? How is it accounted for on the partnership's books? Since the HOA is not a 501(c)(3… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I need a real estate lawyer who knows real estate in Oregon
I need a real estate lawyer who knows real estate in Oregon I need a lawyer who specializes in real estate law in the state of Oregon. I am quitting my current property manager and I will be managing … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
Can the treasury of our homeowners association invest some
Can the treasury of our homeowners association invest some of the money that the association has in CD'S or any other type of investment? … read more
socrateaser
socrateaser
1,031 satisfied customers
I live in and the community is in a homeowners association.
Good morning. I live in Virginia and the community is in a homeowners association. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I bought rural property that had a driveway on the plat, but
I bought rural property that had a driveway on the plat, but it is on a 20 percent grade and unusable. Can I persuade the sellers/real estate agent/title company to help fix the problem? … read more
Damien Bosco
Damien Bosco
3,390 satisfied customers
We have a homeowners association in our agricultural
We have a homeowners association in our agricultural subdivision, what would happen if I were to send a letter to them stating I am no longer a member of the association? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
A homeowner in our association, is requesting contact
A homeowner in our association, is requesting contact information for our board and all contact information for the rest of the homeowners in our association. This sounds illegal, is it? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My neighbor pulled up the survey stakes and says the
My neighbor pulled up the survey stakes and says the property is hers now. We are a platted neighborhood and she says its her property based on Adverse Possession. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
My property was surveyed and found that neighbors driveway
My property was surveyed and found that neighbors driveway in partly on our property. Should anything be done? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I have lived in a homeowners association in Florida. The HOA
I have lived in a homeowners association in Florida. The HOA has both long term or residential and short term sections clearly defined. I live in the short term section, we pay more than 3 times the r… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A supposed homeowners association and the new builders that
A supposed homeowners association and the new builders that bought 5 lots went into an agreement to maintain a private road. Since they own the road the Parrish won't help and soon garbage mail or any… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,164 satisfied customers
What is the liability to a homeowners association for
What is the liability to a homeowners association for property that was dedicated to them? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
How is an neighbors easement shown on a plat or plan for a
How is an neighbors easement shown on a plat or plan for a zero lot line house? Does an easement have to be included in the covenants and restrictions to exist?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
New construction subdivision. Builder relied on plat map,
New construction subdivision. Builder relied on plat map, not actual per-lot surveys to build. Just found out from a private survey company that our property line is literally right on the edge of nei… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x