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.