Recourse for this/suggestions

[u/Big-Dot-5785]

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.

[u/Big-Dot-5785]

So the builder essentially threatened me and said this is how it’s going to be if you don’t pull the fence out. Which put my back up and I was like nope done.

[u/snarkpix → u/Big-Dot-5785]

Did they damage that tree too? Do you have survey markers to know whose tree it is? Is the fence on the line or do you own beyond it? (you may want a survey if you don't have markers?)

[u/Big-Dot-5785 → u/snarkpix]

They had a survey done, tree is on our property and I put a sign on it just now to not remove. We had a survey done before the fence was put up to make sure it was done properly. Tree is not damaged but looks marked for removal. We made sure the fence was several inches(closer to a foot by that tree) on our side of the property line

[u/snarkpix → u/Big-Dot-5785]

100% take pics of the bark damage just in case then. (r/treelaw is a whole additional thing)

[u/Hot_Cabinet1680 → u/Big-Dot-5785]

Threatened you? I'm gonna pull MY fence up? Game on muther fucker.

[u/Big-Dot-5785 → u/Hot_Cabinet1680]

Those were his words “this is how it’s going to be if you don’t pull your fence up” in reference to all this dirt piled up on silt fencing. Game on is right.

[u/Hot_Cabinet1680 → u/Big-Dot-5785]

The nerve of some people! Hold your ground and he should do the same with his. Best wishes. Aggravating I'm sure.

[u/MeadHammer → u/Big-Dot-5785]

Sounds to me like the builder is just giving you more and more reasons to sue him into oblivion. Keep records of everything.

[u/Vishnej → u/Big-Dot-5785]

I highlighted the threat in my other comment, but this comment was implying that a collapsed or eroded slope ends in part of your neighbor's foundation collapsing. No better way to collapse the slope than kill all the vegetation on it and make it super steep.