My Neighbor Digs My Home!

By
Managing Real Estate Broker with Flexit Realty "Flexible Home Selling Solutions"

NO...really they dug a hole in the my son's backyard!  I get a call from my son, "hey dad, a local builder just crossed into my yard and dug a hole for back-fill dirt to put around their house to stop water from draining into the basement. What should I do?"

I asked a few questions like are you sure he isn't on the lot line?  He tells me no he ran over the bushes I planted this summer.  His yard is low and mine is higher so he came over for the dirt and told me it was in a right of way.  I then asked him to get out his survey and look.  Not on the survey.  So it was a rouse to get my son off his back.

Since there are survey stakes it was easy for him to call the local police.  This only happens when someone is non-Reliable Buildersresponsive and tells you to take a hike.  He (the builder) was charged with trespassing, theft and destruction of private property.

He didn't ask my son, he didn't talk to him he just drove on the property with his backhoe and started digging a trench taking scoops of dirt to back-fill his basement wall.  The area had been back-filled before but was not sloped right to allow for proper drainage.  He decided that the quick fix was get dirt from close to the property line and ask for forgiveness later.

My son isn't someone who normally discusses these issue calmly.  At 8 pm on Sunday night, when it's dark, isn't the time to run heavy machinery in a suburban neighborhood.  It tends to draw attention.  You can imagine my son's surprise to look out the window and see a backhoe in his backyard digging a trench.

The contractor is willing to fix everything if my son drops the charges.  At the time he told him to take a hike.  My son relayed his conversation.  You weren't that concerned about our neighborhood relationship before.  I know you will fix everything that is part of the judgment we are asking for in addition to the charges the police issued.  Take it up with the courts they have your file.

Seems the contractor built many of the homes in the subdivision and most have issues.  My son's was built by a different contractor.  Interesting scenario, glad I do not have to contend with a guy like that.  

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Re-Bloggged 2 times:

Re-Blogged By Re-Blogged At
  1. Bobi Bigelow 04/02/2012 09:24 AM
  2. Winston Heverly 09/17/2012 07:39 PM
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Topic:
ActiveRain Community
Location:
Michigan Kent County Grand Rapids
Groups:
Michigan Realtors
Realtors®
Tags:
gary l white flexit realty
home search
find a home
custom built homes
builders
reliable contractors
trespassing
crossing the line

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Anonymous
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Rainmaker
127,555
Pam Ruckriegel
Negotiating the Best Deal for You!
Louisville Real Estate Pros - 502-435-5524

Where I live, he would have to have a permit to do any trenching work, on his property or mine!

April 02, 2012 06:32 AM
Rainmaker
797,229
Lottie Kendall
Helping make YOUR dreams a reality
Today | Sotheby's International Realty

I know the adage, "ask permisson or beg for forgiveness," but this story takes the cake! I'm with your son.

April 02, 2012 09:00 AM
Rainmaker
167,006
Bobi Bigelow
Advertising, Marketing, Public Relations
Alpine Lakes Real Estate

I was shocked to read this blog, not only because it was such an immoral act but because I'm sad to say practically the same incident happened to me 5 years ago. Unfortunately I wasn’t as lucky as your son. I live in one of those “Good Old Boy” areas where it’s not what the law is, but who the well connected defendant’s of the town know that's applied (just as Lenn Harley said) so my neighbor got away with everything and I was stuck paying the landscaping bills L.

I had passed my neighbor on my way to work that morning, he waved but never said a word. I came home from work that evening to find an excavator on my front lawn, my fence between my neighbor’s house and mine had a panel removed, limbs were cut off my tree and a 10' x 4' trench had been dug… my jaw dropped open and I just started shaking with anger at that point (I’m sure your son knows exactly how I felt). My neighbor told me his water pipe broke and he ‘thought’ it went through my property line and connected to the town pipes on the other side of my house so he had to take care of it 'immediately' while I was at work and he didn’t have time to call my cell to let me know what was going on. He promised to fix EVERYTHING back to the way it was, by the time I returned home the next day. He of course didn’t fix the damage to my lawn, fill in the missing dirt, holes, etc. He did however help himself to the wood from the large branches he cut off my tree.

April 02, 2012 09:19 AM
Rainer
34,528
Jack Snyder
Loan Officer, San Clemente, Orange County, California, 949-204-8584
Loan Officer in Orange County for Omni-Fund Inc.

Hi Gary,

Yes, hit the contractor with both barrels. What a ignorant fool this contractor is, he needs to lose his license. He is doing more harm than good.

~Jack

April 02, 2012 09:26 AM
Rainmaker
334,058
Sylvie Stuart
Home Buying, Home Selling and Investment - Flagstaff, AZ
Keller Williams Check Realty 928-600-2765

Wow, what a mess! You'd think the contractor would know to get permission first, even if it wasn't a Sunday night, they'd likely have noticed!

April 05, 2012 03:16 PM
Anonymous
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Rainmaker
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Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375

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