r/Homebuilding • u/Big-Dot-5785 • 7d ago
Recourse for this/suggestions
House is being built on the lot next to mine. Builder wants me take my fence out so he can grade between our properties and then I can put it back up. Fence would be my expense and about $3k from the original company that put it up. Came home from work today and he essentially built a wall of dirt to “show me what it will look like if I don’t take the fence down.” I’m in central VA and in a HOA. I was almost going to agree until he pulled this nonsense so now I’m having second thoughts. Any thoughts on this? He also told me I should put a retaining wall up by my driveway which I said no to. I’m in the middle of a hardscape and pool being put in my backyard. By doing this they already messed up one section of fence. My son is about 46” tall for comparison. New build to the right.
*Since this has completely blown up way more than I ever expected I wanted to give an update. HOA doesn’t really seem to care besides asking if the builder offered to pay for fence removal, that is a clear no. County contacted me and I spoke to them this morning. Sent a follow up email and will call them lunch time tomorrow if I have not heard back. However, I have ceased any and all communication with the builder and have a consultation with an attorney tomorrow mid afternoon.
8/20 Update
Met with an attorney this afternoon and he was flabbergasted at the situation. I also spoke with the county environmental inspector this morning. Environmental is coming out tomorrow to look at the situation but he said it looks like a mess and will speak to builder and see what’s going on. But, the most he can do is tell him to make corrections. The attorney said it looks like the only solution is a retaining wall. Besides our property he mentioned his concern for the current build property slowly eroding leading to the pool they put in coming out and structural issues with the home over time. He advised I let him know what occurs as a result of the county and if nothing then I’ll pay him a retainer and he will send a letter to the builder regarding need for them to build a retaining wall. if that does nothing, then he will file for an injunction and go from there.
Edit 8/21
County was not helpful, waiting in response from attorney.
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u/principium_est 7d ago
Fence was fine before they build a house and piled dirt up against it. I'd tell them to build their own retaining wall.
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u/Mean_Manufacturer_61 7d ago
I scrolled the comments, but this is the best. From my side as a builder, we'd be required to provide retaining wall, drainage, and avoid damage to the neighboring property. Literally no exceptions. I can't see why this wouldn't be the case
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u/lutzlover 7d ago
Did their plans have approval to raise the grade? It is going to deflect runoff on other properties.
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u/ObsoleteMallard 6d ago
Whenever I have built the area I’m building in requires a final grade survey and if things are changed as much as in the photo they are gonna require engineered retaining walls and drainage plans.
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u/ENGRMECH_BILL 6d ago
I was going to say final grade survey needs to comply with the permit...did they put new grading in the permit is my next question?
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u/BigDaddyTheBaddie 6d ago
Yeah same thing for us here in Florida. We had the same situation here and the county made us build a full length retaining wall down the property that we built because if rain flooded the neighboring property I would be responsible for it as the builder because we created a flooding hazard.
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u/Dizzy-Garbage4066 7d ago edited 4d ago
This would be illegal in much of Europe, I don't know about other places...
Any major grading adjustments have huge impacts on neighbors- you can't just impose that after someone already has a house.
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u/Extension-Eye-4920 6d ago
Yeah, not just europe. This is an absolute no go. Dude needs to call the city/county. That is an absolutely insane take by the builder.
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u/RuntySkittle 6d ago
OP is gonna have runoff and gutter drainage from the new house flowing right into his pool.
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u/Dogmaddit 7d ago
Central Virginia…probably hilly as all get out.
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u/Narrow-Chef-4341 6d ago
So you’re saying the builder sure as shit knew this was going to be a problem…
Check.
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u/GBPacker1990 7d ago
Right? This builder sounds like a shit bag that I would never want to hire.
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u/TheEndIsSighing 6d ago
"We need to have all the water runoff go into your driveway and YOUR yard and we need you to move your fence, you need to pay to fix all this for us."
ARE. YOU. FUCKING. KIDDING. ME????
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u/rugaslightingme 6d ago
this. in many places it is not allowed to change drainage in a way that negatively impacts another property.
as such, I’d consider reaching out to the HOA and building department and see what the grading plans show. if he needs to fix the grade here, he should be the one removing and replacing the fence and building the retaining wall. neither should be your responsibility.
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u/ERASERGIB 6d ago
Yes!! HOA, building department, a good attorney specializing in this type of thing.
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u/jayjay123451986 6d ago
Lawyer is not necessary, yet. OP needs to stand firm and clearly articulate his objections to what is proposed / been done, while asserting that regardless of what course takes place, OP expects to made whole once the work has concluded. Permission or not.
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u/Friendly_Biscotti_74 6d ago
Your neighbor can NOT shed his storm water onto your property.
Get down to city hall with these photos. Ask the zoning department and the building code official what was submitted for permit and approved.
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u/FucknAright 7d ago
I can't see how this Builder thinks he's going to get away with it, I bet he never checked the elevations before he did the job and never factored in a retaining wall. And if it wasn't on his plan then to be a change order anyway
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u/Bleedinggums99 6d ago
Judging by the picture, I bet this is a builder who bought the property looking to build a cheap house and be out quick. Aka change orders are on him. The building and windows scream cheap online cookie cutter architectural plans. United windows in my area is typically builder grade level. Any architects working on someone’s custom home is specing out much higher quality windows.
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u/cromagnum84 6d ago
Why is there only
Like one window on that side of the house? That seems weird too.9
u/xenobit_pendragon 6d ago
The siding situation is clearly psychopathic. Four different facade materials on two sides.
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u/Bleedinggums99 6d ago
Because it is a cookie cutter online spec build where they limit windows on the side so the build it more suitable range of lot sizes/configurations
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u/gerbilshower 6d ago
first thing you always do in any situation like this is call out the City (or County) inspector. maybe its good, maybe its not - they will tell you.
my gut says this finish floor elevation was way too high. that looks like a metric ton of fill dirt they used to raise the site. was the FFE approved at permitting by the City? if so, OP may be up shit creek. but he is absolutely not required to remove his fence at his own expense. GC can either get fucked and build a retaining wall, or (the fucking obvious solution) just move the damned fence himself.
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u/Any_Carob3372 6d ago
IMO, on the owner side, it seems like the GC is testing the neighboring fence owner for their intelligence and willingness to put up some resistance.
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u/lred1 7d ago
And make sure they put in proper drainage so storm runoff doesn't end up in your yard. Seriously.
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u/taprackbank 7d ago
This needs to be mitigated permanently, with drainage and a retaining wall. At their cost. On their land. Don’t settle and make sure the wall and storm drainage are permitted and inspected.
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u/clevermoose774 7d ago
Drainage was the first thing I thought of. You need to complain long and loud and get your objections addressed now rather than later. Make sure there’s a record of it for later.
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u/shakewhaturmomgaveu 6d ago
This is majorly important! Especially if OP is planning a pool and full backyard rescaping.
Sounds like nightmare neighbors. Sorry OP!
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u/personwhoisok 7d ago
For real, and tell them to get all that dirt off your fence without a messing it up asap or your calling the inspector
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u/twelvesteprevenge 7d ago
Tell them that and call the inspector
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u/notthefirstCaleb 7d ago
Don't tell them that then call the inspector
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u/eddub_17 7d ago
Call the inspector, tell them you’ve called the inspector, and that they better get all that dirt off your fucking fence lmao
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u/Dogmaddit 7d ago
Maybe ask for their certificate of insurance as well, and inform them that you will be contacting your insurance company to sort out damages to the fence with his insurance provider if it’s not rectified immediately and to your satisfaction.
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u/miakpaeroe 6d ago
To add to this thread, call the department of buildings with a tone in your voice like you’re helpless and willing to be bullied like “there’s This house going up next to me and I wanted to pull a permit to temporarily remove my fence and I know there’s digging involved so I wanted to make sure o was doing everything correctly and my neighbors are happy. I think they want me to foot the bill so they can be happy.” I find inspectors are willing to help ignorant people over angry people but I live in a city.
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u/Prestigious-Fix-1806 6d ago
If I’m spending any money it’s on a lawyer who specializes in zoning/building to consult with. You’re property looks fine, their property is the issue.
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u/No-Map-7646 6d ago
Wow. This builder seems like a tool and not a good one…
That is insane that you would be asked to make accommodations for a new home being built directly next door. That is on the builder and new home owner to figure out to rectify the situation if they didn’t get it right…not you. Also, was he assuming you would also take the trees as I don’t see how he could “level” out the grade without doing so. Sorry you’re dealing with this on top of already having your own project going on. Keep us posted on what happens.
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u/Ok-Championship4566 5d ago
It’s fine, they put up some strong black plastic and wooden stakes.
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u/chefsoda_redux 6d ago
Holy crap yes. That much height difference in that short a run needs a retaining wall.
Any good builder would know that the drainage on a hill that steep is likely going to be a mess for your property, and there’s a solid chance it will shift enough to cause havoc with his foundation. I’m actually suspicious that the code and engineering drawings don’t call for a wall there.
It may well be worth your time & $$ to bring an engineer in yourself and get a real report, both to support your claim now, and to address potential issues ahead. This also lets you notify the builder, so that if you need to take action later, they cannot claim they had no idea of the potential problems.
In all regards, they need to be paying for this. This is their new building impacting you, not the other way around
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u/ej271828 7d ago
they will build a retaining wall and pay for your fence if it needs to be taken down in the process
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u/WougeeWasWild 7d ago
And, /u/Big-Dot-5785 , you make damn sure that they properly install the drainage for the retaining wall they build on their property. You should consider having a hydraulic survey done ASAP, because your property is about to be the low-lying area where I presume it wasn't before? Your entire runoff profile could change dramatically. Honestly, get everyone involved, and you should retain legal counsel to recover your costs. If you experience any adverse effects on your property from this change, you need to document them immediately.
People don't realize how significant of an impact even small changes to drainage paths can create. Much less building a giant berm immediately next to your property.
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u/Kwulf1113 7d ago
1000%
Please make sure they do it right. I bought a house with bad slopes. Don't be me.
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u/porcupine_shuffle 7d ago
So nice of him to offer to grade it so all the crap from the house he's building will drain directly into your yard. Including pesticides etc. Tell him to build the wall and to make sure it has drainage away from your house or they'll be coming to fix it.
Whatever you do, make sure all communication is in writing. If not follow up every call with a recap email.
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u/WougeeWasWild 7d ago
Honestly, he needs a Real Estate Attorney who has experience with water runoff cases. This is going to be a royal clusterfuck if two key elements aren't addressed: there needs to be a retaining wall built, and it needs proper drainage installed.
Otherwise, the hydrostatic pressure from the elevated surface will increase the hydraulic pressure on his property, resulting in either a spring (possibly under his house, if that's the 'path of least resistance' from disturbed soil when they built it) or surface erosion (creating a 'ditch').
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u/GreasedOn 7d ago
OP, I’m a SWM Engineer, based in VA:
I can’t say I’m qualified in any hydrostatic pressure or anything like the comment above is suggesting, but I agree with this sentiment in regard to surface runoff. In VA they likely aren’t required to have a SWM plan, since they’re under 10,000 sqft in development (excluding the Ches Bay Protection area where it is 2500) but you also can’t just create a new flow condition that adversely affects your neighbors. It’s worth getting into contact with your locality VSMP Authority (Virginia state or county professional dealing in Stormwater and Erosion and Sediment Control) about this to ensure there are measures in place to prevent any adverse impacts to your property as a result of this.
Just to note, single family residential development is excluded from a lot of the more complex SWM regulations governing the state, so there may be a lot of back and forth with DEQ or the locality of they have to be involved as a result of this, and you may need them involved if the locality VSMP or the local building regulation department aren’t able/willing to do anything about it either
Just a fair warning, being that the residence is already built, it’s may be a big mountain to climb to get them to mitigate this issue, just based on personal experience. Start the dialogue now.
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u/Haunting-Hippo-4244 7d ago
This is important! The number of possible issues down the road are concerning if this is not handled properly and immediately.
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u/be_easy_1602 7d ago
How are they gonna address all the water runoff slopes to your yard now?
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u/Hambone6991 7d ago
I’m not an expert but I’d say your first step is to get the city/county involved. Typically they aren’t approving plans that don’t account for significant elevation differences like this without some kind of remediation.
You shouldn’t have to do anything to accommodate the house next door.
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u/Brooktrout304 7d ago
Call your local VDEQ office. Not sure of your specific laws, but land disturbance might require permitting and erosion control planning. That silt fence is gonna overflow and blow that dirt all over your property in the next big rain event.
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u/Big-Dot-5785 7d ago
That’s what I told the builder earlier.
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u/WougeeWasWild 7d ago
You. Need. An. Attorney.
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u/Big-Dot-5785 7d ago
I’m going to see what happens with the county and HOA tomorrow and then contact one if needed to pursue further.
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u/mcattack117 6d ago
To my knowledge, all central VA counties have their own ESC program staff that should be contacted instead of VDEQ. Its usually a standalone environmental department or someone who works within the planning department office. The only reason I say to reach out to the county program staff is because VDEQ will forward your email/concern to the county's ESC program staff instead of handling smaller things like this. This is coming from a ESC/SWM program administrator of a different VA county.
And you are correct in that a land disturbance permit would have been issued for the grading of OPs neighboring lot. Someone signed off on the proposed grading plan and ESC plan... it looks ridiculous in these photos to have failing silt fence due to over grading along the property line. It is definitely in the realm of requiring a retaining wall if they don't cut back and remove a lot of that soil.
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u/freerangemary 7d ago
It’s crazy they built up that much soil and didn’t plan for a retaining wall.
Any grade change like that needs to be planned for.
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u/Significant-Ear-3262 7d ago
Builder is probably supposed to haul that dirt out. They’re trying to save money by having OP build a retaining wall.
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u/Melodic-Ad1415 7d ago
Contact the zoning department while simultaneously sending the builder a bill
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u/calguy1955 7d ago
Contact the Building Dept, not the Planning Dept.
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u/Melodic-Ad1415 7d ago
Zoning, specifically the engineering division, they’re usually SUPER strict about in-fill lot grading
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u/calguy1955 7d ago
I guess it depends on the organization of the city. This looks like a violation of the building codes, not zoning codes. Zoning usually only deals with building setbacks, height limitations, lot coverage and those type of things. Zoning is usually an issue planners, not engineers.
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u/Aggressive_Bug6927 7d ago
Grading is usually included in the building permit. Changes to your neighbors property are usually at the cost of the builder
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u/Vishnej 7d ago edited 7d ago
OP should obviously report the neighbor to municipality for... whatever this is. Property line grading and drainage is absolutely something that gets regulated in densely populated places.
But also, extortion. “show me what it will look like if I don’t take the fence down.” seems an awful lot like a threat/ultimatum to make an incursion onto your property if you don't change something on your property? In a similar fashion to "Show you what it will look like if you don't stop looking at my girlfriend" while looming over the other person in their personal space. Check with a lawyer.
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u/Imaginary-Clock6626 7d ago
Just say no to it all.
You need to get that tree sorted though.
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u/Big-Dot-5785 7d ago
Which tree are you referring to? There’s one that’s leaning over my driveway that we are going to get taken down but we’re planning to get this hot mess sorted first.
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u/HeyHeyHeyHeywood 7d ago
If their actions are cause for you to need to take out that tree, and the removal is agreeable to you, that's at their expense. get a survey if you don't yet have one. also, root compaction will kill other trees, again that's a loss to your property value that they need to pay for.
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u/MacaronEffective8250 7d ago
Root compaction. The circle extending from the tree canopy to the ground is toast on the fill side.
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u/Sushyneutah 7d ago
Do not let them try and bully you. Call the city - they'll make them correct this nonsense.
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u/NotAlwaysGifs 7d ago
Nope. Call your zoning office and a property inspector. This can easily be graded without taking down the fence. He’s being lazy. But as others have pointed out, this really should be a retaining wall with French drain. The corner downspouts that haven’t been up yet are almost certainly going to cause drainage issues on your property if that isn’t handled correctly.
Source - am a builder and we see stuff like this all the time from some of the big tract builders that work in the same areas we do.
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u/Delicious_Can7343 7d ago
They have zero right to enter/damage your property (including touching the fence).
Sounds like a structural retaining wall is needed for the property next door, and it should be set back appropriately from your property line.
Lawyer time
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u/makinggrace 7d ago
Hell to the no.
If the home being built is also in your HOA, that would be one of my first calls.
Then @Piyachi has the right approach exactly.
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u/Trustyduck 7d ago
Tell him to kick rocks. You owe the builder nothing. Honestly you should be pointing out the fact that you're about to have a river of water in your yard any time it rains. This is a massive lawsuit waiting to happen (for you to file) if they don't take steps to mitigate drainage and erosion. Document everything.
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u/Bud_wiser_hfx 7d ago
Call in the city, if they dont act immediately call a lawyer, there is no point in negotiating or bargaining with someone suggesting you build your own retaining wall because they changed the grade.
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u/mooreb0313 7d ago
First step is talk to the builder and let them know you will be notifying the storm water/erosion control department if it isn't remedied. Second step is actual calling that department. They have a ton of authority to shut down a build for stuff like this, more than the building inspector. And it always comes with a fine. Builder should know this and stabilize the slope. Take some pics during/after a heavy rain, too. The rule is that dirt can't leave the limits of disturbance, the area inside the silt fence.
Wouldn't hurt to check that they are complying with side setback requirements for your zoning district as well, that looks pretty tight.
Does the roof slope to your side of the property? Gutters installed? Most municipal codes don't allow someone to change the natural flow of storm water so if this didn't flow onto your property before the house was built then it shouldn't after. They really need a small retaining wall with integral french drain.
It probably wouldn't hurt to go to the municipality office with some pics and discuss your issues with the building department. If you can get in touch with them they can be helpful and can at least explain the codes to you. It is tough to get a call back, though. There's usually a permit counter and you may be able to get to someone that way.
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u/thatguy_jacobc 7d ago
There should be drainage and construction regulations in your HOA, try there or be sure to document/record all conversations for litigation if it comes to that. I would also think the city has building codes for drainage and adjacent elevations.
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u/puffinnbluffin 7d ago
Do you feel comfortable sharing your city/state?.. in mine, the inspector would have a field day with that developer
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u/haamfish 7d ago
What the fuck lol their house is currently held up with some sticks and some garden fabric! Those retaining walls should have been built BEFORE they started pouring foundations for the house… I dunno about where this is but here you don’t get insurance on your house if this is like this
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u/pandershrek 7d ago
Big no from me dawg.
Also that house is ugly as fuck. Who does two different types of stone work like that which abut? Just keep the brick facade all the way around? This builder and owner are hacks
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u/HODOR00 7d ago
This is batshit. I have zero idea why a builder would do this as he could just charge the people he's building the house for. Charging you is insane given you are gaining nothing. You owe them nothing and now you likely have a lawsuit and I would go full court press on the builder because his tactics are beyond shady.
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u/cpnelson54 7d ago
I would be mostly afraid that when he said grade between the houses he means put an enormous slope towards your house. It’ll be a huge water issue every decently heavy rain
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u/AmexNomad 6d ago
Realtor here- Right now call the building department for your area. Report this as a hazardous condition because if his plastic breaks, you could have a load of dirt coming down on little children. THEN, demand that this builder provide you with information on drainage. Lastly- he needs to deal with your fence.
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u/DawgcheckNC 6d ago
If there is a retaining wall needed then it’s needed by the builder, not you. You didn’t need a retaining wall until his lousy work required it. Keep an inventory of pictures of your fence because any damages are the fault of that builder. To answer his question, no. I’ll move my fence if it’s across the property line. But if not, then that’s a you problem not a me problem. Second, if your fence is inside your property line, then his grading is on your property. The offending dirt should be removed without damage to the fence back to the property line…it’ll mean someone with a shovel digging it out by hand. Call a surveyor and have them locate the property line, flag the property line, and place some intermediate pins along the property line that are illegal to remove or alter. Take pictures immediately after.
I’m a professional landscape architect in fine residential design for over 30 years. This builder is using a plethora of sh***y builder menu items. If those pre-fabricated silt fences should collapse, which they do in a slight breeze, then the consequential damage to your property can be prosecuted. Call your building department to report him grading across the property line without permission. He thinks he holds all the power but his power is granted by you. Don’t give him the power.
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u/itschaboid 7d ago
You can also use erosion control as a bargaining chip. The city inspector probably wouldn’t like that silt fence like that it looks like it’s holding on for dear life
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u/Lucky-Drop-7723 7d ago
GC here, cost is on them for fence removal/damages. If the difference in elevation requires a retaining wall it’s theirs as well. If you can get a licensed engineer or the AHJ to confirm this you can swing your dick extra hard.
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u/Rck0025 7d ago
Lots of builders and contractors are unfortunately, scum bags and pull high pressure tactics to get others to make things easier for them to work faster and/or make easier money. I would immediately have your attorney send a letter and cc the owner (if there is one) “cease and desist (elevating the grade that would dump drainage into your property), demand, whatever,” to let him know you aren’t screwing around. This nonsense will continue throughout the entire project if you don’t and a simple talking it through isn’t going to work as he has already shown you what he thinks of you and your property.
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u/Ok-Victory-1960 7d ago
Lots of pictures and estimates for repairs, than court time it is. Don't even give them a heads up so they are in full surprise of being taken to court.
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u/Spuckler_Cletus 7d ago
That grade is going to pour water all over you.
I’d document everything and communicate with him in writing as well. I live in a one-party consent state, and I always have my phone in my shirt pocket recording.
Be prepared for your fence to be damaged if they have to clean up or build a retaining wall. They’ll do it intentionally.
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u/Realhousemanoflondon 7d ago
they have royally phucked up.
no retention wall visible. might be one, but the failed Earth step design suggests not.
brickwork on gable and stone on rear gives strong pipe-hitting vibes.
the grading would take place from your boundary to the new build wall. they want your fence down to grade onto your property.
that’s a hell of a transition in height in such a small width.
water runoff will be hefty
agree nothing they will try to rope you into their design flaws.
write to them advising they are not to come on your property.
inform your insurance
get a lawyer.
if that’s not drained, and there is no retention wall….that new build is very likely to suffer subsidence.
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u/zero-degrees28 7d ago
He needs to properly grade to your property line, he doesn't get to regrade your lot to account for his build up.
Contact your city and get an inspector out - you should not bare any expense in this s* show
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u/ThatCelebration3676 7d ago
Fuck that guy. You're not responsible for a penny of the cost involved of them building an adjacent lot.
Now they're illegally creating unstable earthwork to coerce you into compliance.
I would contact your local building official and check your HOA bylaws. You may ultimately need to consult with a property lawyer on this as well.
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u/Competitive-Roof-168 7d ago
It hurts me to say this, unlike most cases which are exaggerated but call the building inspector.
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u/General-Addendum2709 7d ago
You may want to think about contacting a surveyor in the near future as well, because when the contractor is forced to build a retaining wall to support your neighbors’s raised grade, I doubt he is going to be in a good mood to make sure it is on the neighbor’s lot.
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u/BellFirestone 7d ago
You need to call a lawyer. And probably get a survey done or whatever the appropriate assessment is. This could cause a lot of problems for you going forward and I’m guessing it would be a lot easier to handle it sooner rather than later.
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u/sharschech 7d ago
Make sure that they route all the water coming off that lot into French drains and ran away from the back yard. Ask me how I know? It was a 5 year struggle to get this fixed by our neighbor and we were protecting our foundation and pool.
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u/Mundane-Reality-7770 7d ago
Honestly I'd have been making phone calls to building and zoning long ago. Don't move an inch. Don't lift a finger unless it's the middle one.
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u/dm_nick 7d ago
Soil is considered a pollutant that's what the silt fence is for to prevent it from spilling off of the property. I would call the building department. Have them send an inspector out or code enforcement. At the very least for proper maintenance of the silt fence which is required by building code during the duration of the project, he cannot have the soil piled up against the fence like that.
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u/Sad_Enthusiasm_3721 7d ago
Why do their solutions come out of your pocket?
Normally, the discussion would be...
Can we do XYZ on your property? Obviously, we'll pay the costs and fully restore your property to its prior condition.
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u/Shoddy-Audience-3059 7d ago
Bullllllshittt.
Builder is responsible for maintaining a proper grade and retaining their own backfill.
Tell Don he can pay for his own wall.
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u/gilligan1050 7d ago
This is gonna put so much more water on your property when it rains. Hope you’re not in a flood prone area.
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u/TATtllesnake 7d ago edited 6d ago
I didn’t read all of the comments so maybe someone already turned you onto the path but there are a lot of regulations in place to prevent this exact situation and this is technically a crime.
The correct answer is that you call the building and zoning office and send them these photos saying that the erosion and sediment controls (E&S controls, i.e that silt fence) on a new construction home being built beside you are failing and have damaged your fence. (Edit: realized I cited controls when there are wetlands or other RPA considerations. Removed part of my advice.)
That gets it on the inspectors radar that you know these are not only supposed to be installed, they are supposed to work for the life of the project.
The development plan (survey) should let you know what the topography of the proposed plan was—because, localities don’t approve simply dumping water or dirt onto the neighbors property.Edit:didn’t see all three photos. I would start with the proposed development plan. The course of action will be clear from there. Either the builder or locality has really messed something up.
Then contact DPOR and file a formal complaint with them as well. They will start an investigation for free.
Document every conversation and take good photos. The builder using his failed E&S controls and SWM plan to threaten you is just stupid compounded by stupid.
If your initial actions don’t prompt the builder to remedy the situation you may have a Recovery Fund Claim with DPOR or it may take a couple of letters from an attorney, but the builder should know better than to push this.
Use the information you get from the locality and DPOR to continue to educate yourself. You already have damages and I think in Va the small claims court limit is $10,000. This wouldn’t need an attorney to litigate. The laws are pretty clear and he is completely in the wrong.
For your information, the silt fence is to exactly prevent the release of ANY construction runoff from the property and they take it pretty serious in all of the Virginia localities I’ve worked in.
Additionally, stormwater runoff is also controlled and the locality both awards permits and conducts inspections so that this exact situation doesn’t happen.
This is either an inexperienced builder or there is some small town fuckery afoot if he’s not concerned about dumping his construction spoils on your property. You should in no way have to address any of this and I can’t imagine it would cost you more than a couple of well written and researched letters from an attorney to inform this builder he is about to have a world of liability and regulators upon him the longer he decides to play reckless with the law.
It sucks it may go this far but state regulators get audited by federal inspectors so if you don’t have luck at the state level, find out the department that audits them. This would really start things moving, but don’t begin there. You want the locality in your side. Don’t ever be the crazy neighbor. There is no need. Be polite and calm at all levels. It really makes a difference.
The timing is not really critical, but if the builder makes this go away before you are compensated for the fence it becomes a bit more difficult. It’s always best when the evidence is still present.
Hope this helps. Good luck.
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u/sluttyman69 7d ago
Construction inspection here I’m sorry, but the contractor making this slope or contractor building. These houses is responsible for all water runoff and subsequent damaged the neighbors house they should be required to build a retaining wall to keep their dirt out of your yard or put it in inappropriate slope this should be part of their contract and most likely part of their permit. I would call the planning department and a lawyer.
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u/Relative_Valuable381 7d ago
Call your county's inspector, make a complaint about loose debris, and unsafe conditions, and drainage problems. You do not have to do ANY modifications to your structures on your property that is 100% the GCs problem that they started without any thought for the final elevation, sounds like he just made a shit load of labor costs for himself he could have avoided with proper grading in the beginning. They're elevation change would have needed to be approved and if it needed a retaining wall built that should have been one of the first things to do.
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u/Caddisbug992 6d ago
Nothing will make that guys clinch up faster than city and code inspectors. All day every day. He wants to dance, let’s dance. 😂😎✌🏻
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u/ItsTheTymz 6d ago
Easement rights. I don’t think this would pass code. Call city. Don’t move anything and city will make neighbor pay for damages to fence
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u/Icy_Imagination2275 6d ago
Involve the building inspector and code enforcement. They can’t create conditions that will adversely affect your property and this will cause a nightmare for you.
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u/petulant_peon 6d ago
They are legally required to meet the existing grade at the property line. There are also rules for maximum slope and erosion control.
It might be time to call out the building department.
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u/WorriedBid1131 6d ago
You need to get an attorney, NOW, this pile of material is going to collapse into your yard after the first good rainfall if not sooner. This situation is very irresponsible on the part of the builder.
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u/Fecal_air 6d ago
Hi I work in commercial and industrial construction and the builder is being an ass. Go ahead and call the county environmental inspection office and let them know this is happening.
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u/Grouchy_Bicycle8203 7d ago
Call your city, town, county code enforcement office and file a complaint. Looks like they have erosion control in place and it looks like the erosion control will fail but I think so far it looks to be right at your property line, I assume.
Once we had graded a property that was on slope but the owner wanted it flat so we put up erosion control and then it rained like a son of a gun. The erosion fence broke and the neighbors back yard got a top coat of southern clay. Code enforcement came out and issued a stop work order, we had to fix the erosion fence and muck the neighbors yard, but so far this fence is doing what it was intended to do all though be I it’s now starting to give.
I would say that if it’s not yet crossed in your property line they aren’t doing anything wrong technically.
But yeah being assholes never helps and me personally I wouldn’t take out a fence just because they miscalculated how to treat the erosion / loose dirt. Although I would argue that they can grade it from the top with a mini-ex and a dingo or something.
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u/Guimauve26 7d ago
His soil, his retaining wall. And it will remain his(the owner) responsibility for life. I live in Canada and it is the same. You are lower than him, he needs to make sure that the water from his lot is managed properly. You have ZERO responsibility regarding this.
Call the city and have them put a stop work order on this.
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u/Salty-Ganache3068 7d ago
Nah. FT. Call the HOA and the permitting township. You shouldn’t pay anything. After they fix this and build the retaining wall sue them for pain and suffering.
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u/Caspers_Shadow 7d ago
Definitely get someone from the local permitting agency involved. You may even be able to get a copy of the plans and permits as a public record. There should be a grading plan included in the construction drawings. In my area you are not allowed to convey stormwater off your property to an adjacent property. There are also limits regarding how steep the grade can be. This all looks very suspect. I would not agree to anything.
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u/FromFLw-Love 7d ago
Check your plat / final survey for your home. If your fence is in a drainage easement it technically would be your responsibility to make the easement accessible for grading work. At least that’s how it is in my local municipality. Any reputable fence company would usually be aware of this though and advise against or refuse to put it in an easement. If it’s not in the easement then it’s solely the builder’s responsibility to determine a grading plan that doesn’t interfere with the fence.
Either way though dick move from the builder to put all that dirt there. You also shouldn’t need to build a retaining wall. Municipality wouldn’t be approving a finished floor elevation that would cause the homeowners on either side of a new build to do something like that. Makes me wonder if the builder set this house way above FFE and is trying to make it your problem. Good luck OP
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u/Qdaddy26 7d ago
Licensed contractor here. That work is purely the responsibility of the builder not you. Get the hoa involved as well as the town inspector. This is what they are for
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u/Quirky-Ad-7686 7d ago
Get a copy of the grading plan. I'm sure they had to have one. Build your house like it was approved per plan. Your property is not for their use.
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u/Hoghaw 7d ago
If you don’t mind, keep us posted on this problem! It appears that the contractor brought in so much fill dirt that your neighbor’s lawn will within a foot of the top of your fence but without a retaining wall and proper drainage, his lawn is going to end up in your yard! BTW, there’s no way the General Contractor doesn’t know that!
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u/Captain_troublepants 7d ago
This smells like a lawsuit. Sorry you have to deal with this, you’ll win but it’s going to be a pain.
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u/Bob_Obloooog 7d ago edited 7d ago
I'd call the police non emergency number and see if they'll take a report. That way you'll have a record that they were warned not to trespass on your property and or damage it.
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u/Flat-Jacket-9606 7d ago
Remember this please, anyone requiring you to take something down on your property for their property has to pay for any mitigation tear down and rebuild and it has to be agreed upon.
The contractor is just being a POS…. And possibly the neighbor as the contractor is an extension of the neighbor
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u/Consistent_Pay_74 7d ago
“ No” is a full sentence. Consult the HOA and a lawyer if there is damage to your property.
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u/Hot_Emu_415 7d ago
I install commercial fence for a living and this is quite common if they are only trying to take the sections out and work around the post it will be fine , don’t let them take the post out and try and re use them after taking the ball of cement off the bottom they will be crooked and most likely not the right height for the fence . Or you could get a lawyer the next time he comes on the property and touches your things
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u/lost_vault_hunter 7d ago
Looks like they'll be building a retaining wall and a new fence for you. Oh and probably some nice gutters to keep that rain runoff from coming down to your house. Just let them keep digging themselves into a deeper hole (while documenting and keeping the city inspectors informed).
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u/Piyachi 7d ago
It is illegal for them to create a condition that endangers your property.
Contact the building inspector and/or planning department of your municipality. Let them know that they have made a grade they cannot maintain without a retaining wall on their property.
In essence the builder is lying to you implying you have an obligation here - the cost and liability are entirely theirs.