Not sure what to do if you find yourself in a boundary dispute?
Being named in a lawsuit and receiving a summons can be a very stressful situation. We have testified in matters involving boundaries, easements and land use (zoning). We are a third-party consultant, we work together with your attorney to help ease the stress that comes with litigation. We will review the legal papers that were provided to you which spell out the allegations and apply our specialized knowledge of boundaries and land use ordinances to measure the allegations against the rules of deed reconstruction or land use ordinances. Herrick & Salsbury, Inc. will always advocate for our client’s best interests and have a long track record of doing so.
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A Deeper Look At Boundary Line Disputes
With boundary or other land disputes involving real estate (beaches, rights of way, view easements, leases, etc.) typically you will be served a summons notifying you of a pending lawsuit against you, together with a written complaint describing the details of the factual allegations and the relief sought by the plaintiff (you will be the defendant). The summons and complaint may come to you by certified mail, a civil server or a uniformed law enforcement officer (usually a deputy sheriff in the county you live). It may be too late to tell you now, but respectfully accept the papers from the deputy, he or she is only doing their job.
Boundary disputes and other litigation have deadlines for the initial response to the summons and complaint you receive. On the complaint, you will see that you have 20 days to answer the complaint. This is something you will likely need an attorney to assist you with as the process can be complicated.
We work with the attorney regarding the allegations and we may, depending on the circumstance, independently survey the property, measure the easement in question, locate improvements, etc. to evaluate the plaintiff’s allegations. Your attorney may call on us as an expert witness and will use our input to formulate replies to the court, counterclaims or trial.
In Maine, civil matters can drag out for months or years because of court scheduling. Mediation in boundary disputes and many other matters is mandatory before you even appear in court for a trial as a way to get the parties together to try and settle their differences. About half of our clients settle prior to trial.
You can rely on Herrick & Salsbury Inc. to be a part of your team.
You can also read more here: “5 Instances Where a Land Surveyor is Your Best Friend.”