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Boundary Disputes and Real Estate Litigation Trying the Case
One sin exists which is worse than the extraordinary amount of legal fees expended on litigation arising from a real estate or boundary dispute. That sin is the sin of expending the monies and nonetheless losing the claim because the evidence was misunderstood, ignored, or garbled. It is inevitable that all attorneys will one day be on the wrong side of a decision in a real estate dispute.
A successful trial on a real estate matter, as with all litigation, has its roots in the careful, early, and repeated evaluation of the burdens of proof, the elements of the parties claims and the factual data available for persuading the fact finder. A lawyer should have his trial strategy identified early in the proceedings. It is not unusual to see a civil action commenced for the purpose of leverage or buying time. It is absolutely inadvisable to do so in a boundary dispute. Positions get entrenched in such cases inextricably. Unless you are prepared to try the case, do not start the case.
That is not to say that once started a lengthy and costly trial must ensue. For more information on this and other real estate litigation topics, please contact Judy A.S. Metcalf, jmetcalf@eatonpeabody.com, 207-729-1144
This information is provided as general information, and is not a substitute for legal or other professional advice.
One sin exists which is worse than the extraordinary amount of legal fees expended on litigation arising from a real estate or boundary dispute. That sin is the sin of expending the monies and nonetheless losing the claim because the evidence was misunderstood, ignored, or garbled. It is inevitable that all attorneys will one day be on the wrong side of a decision in a real estate dispute.
A successful trial on a real estate matter, as with all litigation, has its roots in the careful, early, and repeated evaluation of the burdens of proof, the elements of the parties claims and the factual data available for persuading the fact finder. A lawyer should have his trial strategy identified early in the proceedings. It is not unusual to see a civil action commenced for the purpose of leverage or buying time. It is absolutely inadvisable to do so in a boundary dispute. Positions get entrenched in such cases inextricably. Unless you are prepared to try the case, do not start the case.
That is not to say that once started a lengthy and costly trial must ensue. For more information on this and other real estate litigation topics, please contact Judy A.S. Metcalf, jmetcalf@eatonpeabody.com, 207-729-1144
This information is provided as general information, and is not a substitute for legal or other professional advice.
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