Good to hear. I’d still pay for a consult with an attorney to discuss any possible problems and technicalities that may be worth discussing, addressing or including in any agreements. That includes damages to your trees, paying you for any further encroachments during construction, and to ensure your property won’t be affected or flooded in the future by their drainage mitigation strategies

Easy one for me...lawyer.

I wouldn't believe that for a second. If the previous owners thought that and he knew it was for sale he would have had an easement drawn up ages ago when site work was getting started.

ETA: He's being nice now hoping it doesn't cost him money.

This.  I’d still have a detailed conversation with the permitting agency, and then a lawyer consult.

Or he hoped the new owner just wouldn't notice.  Some people are that clueless.

Good thing is OP now knows there's no drainage easement.

Yep.  Perhaps OP should push for the installation of a privacy fence on the property line on the builder's dime along with cleaning up the mess they made of his yard.

Most of this was in PM's, but for the group:

That District's R3 side yard setback is 6ft.

HOWEVER, when the multi-family building abuts an R1 lot, large landscape screenings are required by the code.  The size of the trees required, probably wouldn't fit within the 6ft setback so it's likely the property line is not where the contractor thought.  He should have had it surveyed and stake out done, but probably didn't...

Regarding the storm water drainage:  Va Dept of Environmental Quality (DEQ) controls what/when/where through reviewed and approved storm water management plans.  The contractor A) can't dump uncontrolled storm runoff off-site, and B) can't simply move a drainage pipe to where he wants without approval of the change from DEQ...

A lot of the conversation leads me to believe the property line may end up in dispute as the builder either has paperwork showing it farther away, OR his layout guys placed the building incorrectly.  We've had that happen a few times where the layout crew was 10-20ft off; which is why we always verify a layout with our own equipment as well...

Oooof. Sounds like the contractor is about to get loved not so tenderly. OP, are you open to receiving a rather large sum of dinero to sell them a few extra feet at the property line? However much you want will still be much cheaper to them than having to remove what’s already been built and start over. You could be looking at quite a windfall in my “not a lawyer’s” opinion

No your exactly right about him realizing that it could cost him a shit ton of money.

Update post to follow

So a longer update.

I spoke with the guy doing the grading/GC and the owner.

I'm actually glad I didnt go balls deep because as it turns out he was amicable to everything we wanted.

He immediately explained why it was done and admitted that they put it on me. They had a handshake deal with the previous owner to move the pipe to move the water down from the road better, and in exchange they were going to grade out a steep embankment and all that. Which is why the dirt is the way it is. That's why they hadn't been working on it. They were in need of a bunch of fill dirt that they started to get a few days ago.

So basically he immediately asked what I would like done, which I explained I just don't want it on my property and the damage repaired. He then asked if extending it another 25 feet would work, and we measured and it goes over their property at the future end. He also offered to buy the strip if I preferred doing that (I don't).

In addition to that their guy grading explained that he had offered the previous owner of my house a better grade on his yard to increase the value which he accepted. But they didn't get it in writing so he knew if I wanted to I could cost him a ton of money because they had no proof there was permission to install it. And further discussions and a T shirt one was wearing lead to me discovering that they knew both of my uncles in the same trade, and had worked with one for a decade.

I know this is going to upset some of you, but if he follows through I'm not going to press him on the outstanding issues with the silt fence and all. He's going to grade the line so that my future fence won't need to be stepped, and in addition to that their going to level the areas I want flatter and reseed all of it.

I recorded the entire conversation and he never tried to get out of it. Frankly it was nice to speak to someone who can admit a mistake was made and own it.

But I'm still going to get all the research about the property just in case there's other easements I don't know about and I have documented it well. So in the off chance that he doesn't fix it by the date we discussed I'll sue.

Good resolution. You have to live there and none of us do.

Bad move, OP. Maintaining friendly relationships locally and resolving disputes amicably is of no import here. We want maximum drama. If you want to become an ARFCOM hero, then you need to tell him to go fuck himself, weld the pipe shut, and hire a lawyer. Otherwise you are of no use to us.

*sips coffee*

Previous screen name?

You are too well versed in GD ways

That's not a bad resolution, assuming it works out!

I would suggest you go ahead and have an easement drafted & recorded regarding the storm water pipe.  You want it recorded, probably as a utility easement; you maintain ownership of the land, and the developer (or whomever) is responsible for maintenance and repairs of the pipe.  I'd hate to see you saddled with repairing the setup down the road when it clogs or is otherwise damaged...

What about damage to the tree?

At the end of the day it's all I really want.

I know it's probably confusing to some but the amount of anger I carry from my job and life in general, this is one less thing I have raising my blood pressure.

All I have ever wanted was to be left alone on a piece of land I pretend to own.

That is actually really good advice I hadn't even considered! Thanks! I'll look at having that added since I already have the surveyor on the clock.

Thats a Bobcat, not an ASV....

This is an ASV
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As for everything else, get a lawyer cease and desist order.

Not sure the state laws where you are, but here, if you change natural flow of water and cause damage, you are responsible  for any damages.

See you have amicable resolution....

Shit on his porch.

In every jurisdiction I’ve worked in, a form board survey is required prior to the pre-pour inspection, and a foundation FEC (flood elevation certificate) is required to document the slab elevation or the CMU pier top elevation (as applicable).

Seems like digging into the permitting and inspection documents for this building is in order.

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Are you or the contractor qualified to design and permit the drainage appropriately?

That's kicks ass. It's always refreshing when you run into good people.

You mean brown paper bag and set alight like in AROCKs case?

Would you believe me if I said AROCK?

Nope, Ala carte.

OMG!  An ARFcommer spoke to his neighbor and the crowd goes wild about still pissing on the neighbors leg!  


Sounds like good outcome for all.  Y’all might become best buds now.  

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I believe everything I read on the internet

Man I wish my property dispute went that well.

I tried to talk to her like a human and showed her the surveys and she immediately cut off comms and told me to talk to her lawyer.

I would be cool with that solution plus the drainage easement & maintenance agreement, which I'm assuming would encumber the subdivision's HOA (if there is one).

So, you want to take the identity of someone that murdered an innocent woman? That is a very odd choice.

Also there may be a new neighbor at some point that's not as cool. Get this one to sign, and all others will be bound for the rest of time. I'd usually just give the neighbor some additional land in exchange for signing a clear new document, and being able to have a good relationship with your neighbor. I've seen it all, including gunfights over this stuff.

And make sure to record it...

SURE IS!!!  Society is going so far in the shitter, it seems a lot more common to find people who are like "fuck you" when they've wronged you or encroached on your property like this.

They follow through like they promised, buy the owner and the GC each a Gift Certificate for a steak dinner and shake their hand heartily.  And get the GCs card for future work you might need!

My faith in huge manatees is restored.

Neighbor talks to neighbor.

Progress is made towards addressing the line issue.

Amazing what happens when adults like like adults.  

Honestly I couldn't be happier about it. I came home from taking my car to the shop and saw the progress they made. He cut the new trench in and is already doing some great grade work to smooth it all out.

My uncle was kind of a local legend because he could get some of the best grades on the absolute worst lots. He ran a loader for the largest construction company locally for like 40 years and only recently retired. The second I saw him wearing that company shirt I asked he happened to know my uncle and both did and turns out they knew my other uncle as well and we're racing buddies back in the day.

Apparently my surveyor asked about him at the planning department while he was pulling research and all the permitting people had told him the GC/owner is a really nice guy whose done great work in town for 50 years.

And he really was a nice guy. After seeing the nightmare fly by night crews I was expecting him to play dumb but he surprised the shit out of me by owning it and instantly offering solutions.

Having been a land surveyor myself for way to many years I saw weekly what nasty shit happens when it comes to property disputes. Only time I have ever had a gun pulled on me was on that job, and at the time I was 16 and looked every day of it if not younger. Dude still leveled that 12g at my face point blank.


So this was just a really nice win after a rough few months.

I even asked if he could help smooth out some of the hills so I don't have to step my privacy fence to which he told me to not worry about it at all they were already going to do that for me in addition to seeding all of it.

So really a win win there too. Now my fence will match the other side

What's the story behind that?

I love a happy ending

Yep!  Probably come out way ahead. But, I doubt they told the entire truth, or the previous landowner said sure on the way out.

Not $2000.  A dozen $4 t posts and a $40 roll of chicken wire or snow fence.   Done.

It's better to be on good terms with neighbors but it's not always possible, same for city services.

Prior home had a manhole in my driveway apron (almost on the road) that was around 3"~4" above grade.
Concrete broken and like driving over a speed bump everytime.

Township address with city water. Asking both the township and city I get my water from to drop it down level to grade both blew me off and stated it's not theirs, city water said it's townships issue, township said it's a city water issue.

It's not until I sent registered letters to both parties they got involved, by telling me I can't touch it because it's a storm sewer. Since they already claimed non-ownership I told them it's coming out and getting backfilled.

They reluctantly said they will fix it and they did but not without some choice words from the city employee and a few  legal threats that they could not do since they said it was not their property.

Park a piece of equipment or car on your property where they are trespassing and doing construction.

He made peace with the neighbor.

Probably the end of the updates

They put in the extension today and graded the yard for me to make the fence installation easier.

I still can't believe it

They did a great job honestly and also cut a ditch that contains all the runoff onto their property

I'll post an updated pic a bit later but I'm honestly just really pleased that this went so well. Probably the first time in my life that's happened lol

That's the adverse bit. Use has to be hostile as a key component and mowing/ general maintenance is iffy on being enough of a use to be actual possession in the legal sense as it does nothing to deprive the owner of their use. Possession has to be actual, hostile, exclusive, open and notorious, and continuous (for 20 years here) for adverse possession to happen. May vary some by state but decently strict criteria to meet.

You have cheated us all out of a potentially awesome property dispute with the neighbors for your own selfish reasons. Now we are left to argue hypotheticals, anecdotal evidence, and gross misinterpretations of the law. Enjoy your peace, you reasonable bastard.

LOL