Builder encroachment

[jeepin0625]

What is the name of your state? NC

We live in a subdivision that is still being developed. The lot next to ours is almost finished and last week the landscaper came over to talk to my husband. We were just told that they were going to be working on the landscaping and if any of our land was damaged they would fix it. We said fine no problem. The next day a worker came over to complain that our shrubs were too close to the property line. I informed him that the shrubs were the required 5 inches off the property line so there should be no problem for them at all. They have no reason to have to come onto the property. He answered back that the Bobcat could not be exact. I told him just to be sure not to hurt my shrubs. My husband came out and they decided any shrubs hurt would be replanted by the landscaper.

Next day we come to find that three of the shrubs had been completely removed and that starting there they had crossed onto our property to create a watershed for their lot. You can clearly see on the back marker where they watershed slope ends at our property leaving their lot flat and ours with a 4 foot watershed slope.

We contacted one of the supervisors and he said he would look into it. He later informed us that they "have" to have a ditch for their lot so they can't fix it. They never received any type of easement from us to use our property to create that watershed. We were planning to put in a fence but with that crooked watershed it will be hard to put it in without the fence looking crooked. What exactly should we do to make them fix what they did?

 

[seniorjudge]

What is the name of your state? NC

We live in a subdivision that is still being developed. The lot next to ours is almost finished and last week the landscaper came over to talk to my husband. We were just told that they were going to be working on the landscaping and if any of our land was damaged they would fix it. We said fine no problem. The next day a worker came over to complain that our shrubs were too close to the property line. I informed him that the shrubs were the required 5 inches off the property line so there should be no problem for them at all. They have no reason to have to come onto the property. He answered back that the Bobcat could not be exact. I told him just to be sure not to hurt my shrubs. My husband came out and they decided any shrubs hurt would be replanted by the landscaper.

Next day we come to find that three of the shrubs had been completely removed and that starting there they had crossed onto our property to create a watershed for their lot. You can clearly see on the back marker where they watershed slope ends at our property leaving their lot flat and ours with a 4 foot watershed slope.

We contacted one of the supervisors and he said he would look into it. He later informed us that they "have" to have a ditch for their lot so they can't fix it. They never received any type of easement from us to use our property to create that watershed. We were planning to put in a fence but with that crooked watershed it will be hard to put it in without the fence looking crooked. What exactly should we do to make them fix what they did?

Check on your title insurance policy to see if there is a drainage easement across your lot.

 

[jeepin0625]

I checked my policy and I see nothing at all about any drainage easment. The thing is that they did not need this drainage originally. The landscaper screwed up and dug in too deep making it necessary for them to have the drainage but I certainly don't think that we should have to yield our property to correct it.

 

[nextwife]

I checked my policy and I see nothing at all about any drainage easment. The thing is that they did not need this drainage originally. The landscaper screwed up and dug in too deep making it necessary for them to have the drainage but I certainly don't think that we should have to yield our property to correct it.

You should not. If not provided on title, then all site adjustments to provide drainage need to be on their property. WE have a lot near us in which the entire INSIDE perimeter of the lot is low and lined for drainage, and there is a three foot high concrete retaining wall inside the lot perimeter, about three feet setback, all the way around the three inside lot lines. They had to do that to make it buildable (former marshy lot) so that it would not drain onto the older adjacent properties.

 

[danno6925]

Isn't this why you got title insurance?

Inform your title company that someone is making a claim to your land byway of an unrecorded easement and that you demand they defend your title. This is why you insure title, is it not?

 

[jimmler]

Another thing to check is any overall site plan or grading plan that might have been filed with the subdivision plans, you can go to your local planning office and look at the plans to see if there was supposed to be a swale (watershed slope) installed on your lot.

Also look at a copy of your recorded plat for any drainage easements, although if the grading plan showed a swale to be installed, there may not be a drainage easement requirement for it.

jimmler
not a lawyer, been in surveying since 1989.

 

[lwpat]

You need to stop "talking" and start writing. Send a demand letter CRRR to the developer.