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Various Phases of a Land Dispute Project

Although every situation is unique, a real property dispute typically contains six phases.

Initial Consultation

A review of all important documents and a follow-up phone call.

Records Review

A thorough search for all potential sources of evidence.

Site Visit

A first-hand examination of the property.

Evaluation

Harmonization of written word and occupation.

Hearings, Trial or Appeal

Actual presentation of my expert findings.

Post-Trial Fees Recovery

Recovery of expert fees after the case is won.

Every potential client receives an initial consultation before an engagement letter is signed. During the consultation, Dr. Nettleman speaks with the attorney to determine their needs, reviews all available documents and records, and then conducts a follow-up call to discuss his initial findings. Every follow-up ends with a determination of whether Dr. Nettleman can help you resolve your dispute.

Finding important documents is the most essential pre-trial phase in a land dispute. Documents are critical. Tony has cultivated a nationwide network of land records databases including government clearinghouses, local courthouses, and local practitioners to locate the hard-to-find but crucial records that are essential to your dispute.

At least one site visit to every disputed property is required by Dr. Nettleman. Often times, competing surveys are overlaid using digital drafting technology then the most areas about the site are visited during this phase. Using this process, several clients have found original survey corners and other important evidence that were never previously uncovered.

The job of the land surveyor is to find all available written evidence, use that evidence to conduct a field survey, and then use the legal principles of land surveying to harmonize the written word with the existing occupation. Not only has Tony used this process dozens of times in real-world surveys but he teaches students this method each year in both the undergraduate and graduate legal aspects and cadastral classes.

No opposing counsel has ever raised a Daubert challenge to Dr. Nettleman’s expert testimony. Trial Preparation typically involves drafting expert reports and affidavits for summary judgment, working with the client to find applicable case law, and preparing exhibits that illustrate survey evidence concerning the case.

If you are searching for a qualified land survey consultant to help you navigate the dispute process, please contact Dr. Nettleman below to learn more about how he can help you.

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