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What should I do about my contractor building next door and has torn down my fence?
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What should I do about my contractor building next door and has torn down my fence?

The contractor who built my home is now developing a complex , behind my home.,of 15-18 townhomes to sell. He went past the property line the city just surveyed , with a back hoe he knocked my fence down over a yr and half ago then nailed some boards across it in a different color and going the opposite way not even straight.He refuses to hear my repeated requests to fix it .There are 2-3 ft holes that drop into a 25 ft hole. I have a 6 yr old who cannot go outside due to this. The dirt slides everyday and we become closer to falling in.Then he vibrates the land and 5 other homes also with a steam roller and dump trucks --new cracks are developing all over the house. I need assistance. I don't know what legal steps to take and I was selling my home --wonder why there are no prospects. Contractor was informed of sale 1 yr ago. I need HELP I am sliding off the hill in Anchorage, Alaska.


    




newcamman
Talk to your Local County Attorney They can Send you to the right direction They get paid by your taxes to get you started in the right direction


answerman63
The CORRECT answer here is to consult an attorney, explain the situation, and see what your remedies are against the developer. You'll probably need to have a survey done to determine where your lot line ends to back up any claims you make. Just because a fence is there doesn't necessarily indicate the end of your lot. Take lots of pictures of the land subsidence, house damage, etc. to back up your claim. Also, talk to your neighbors to see if they are suffering the same cracking and damage that you are experiencing. If so, you might have grounds for a class action against the developer as well. Bottom line, based on what you've said, it sounds to me like you have an actionable claim against the developer. Get the ball rolling.

Hope this helped.


Iamstitch2U
LAWYER!!!! Also call the town building inspector...take plenty of pics!!!!


viclyn
You've got to be aggressive and assertive in fixing this problem! It was illegal for him to tear down things on your property. Take pictures, video, record dates and times you've tried contacting contractor/company and results if any. You've got to consult with city/village and a lawyer. You are going to continue losing out on money, selling your home, and the safety issues for your child won't go away. Stand up for yourself and your property. Good luck! I hope he is made to pay. People can't just do what they want.


I love Conner!!!
you should go to your town hall and find if the fence was on your property line. if it was, either take him to court or just try to reason with him


Raulian
A good way to waste your time in the meantime is to chain yourself to a tree in the back of your yard. For some reason a lot of people think chaining yourself to a tree is an effective means of soliciting a response.


CJ
Rating
Get the damage assesed, talk with a lawyer(preferably free consultation) and send him a bill for damages and inconveniances


BIG DADDY
he has to put everything back the way it was by law


explorer
Rating
why havent u approached the cops yet do that immediately


stingray4540
Rating
It's his responsibility to fix the fence and any other damage he causes. Try to find photos of what things were like before, then take photos of what it looks like know. Get 3 quotes for what it will cost to fix everything, from other contractors, then sue him for the amount it will take to get your house back to normal, as well as pain and suffering, taking away from being able to sell your house, yada yada and etc. Your best bet is to talk to a lawer to see what the best route is. Good luck.


audulou
First of all if he went past the property line this is considered as Encroachment on your property. You need to see an attorney regarding this situation. If he is putting you and your neighbors in danger then the complex owner may also be liable in repairing your homes and land. See if any of your neighbors will go in with you to file a lawsuit against the contractor, complex owner, land owner, etc... Also, in some states you only have one or three years to file against this contractor, and the attorney you see will be able to tell you if there is a statute of limitations. Please go to an attorney ASAP before it is to late for your to do something. Good Luck!!!


Jeff45ACP
Call a land surveyor first. They will mark your property line with stakes or flags, and mark the actual corners. DO NOT ASK FOR A MAP OR PLAT. This will drive up the cost. Just inform the surveyor of a line needed to be marked to properly show your property. Should be pretty inexpensive, and besides after it is marked, then call your lawyer, or even the county inspector. Anything disturbed on your property must be replaced, and silt fence should be in place back there for erosion control anyway. Also, you could contact the actual developer of the property, and inform them what the contractor has done.


ead824
You need to let him know that the fence was yours and that you will get an attorney if he doesn't replace the fence. If he agrees to replace the fence he must replace the fence with a better fence because he his damaged yoiur property. Contact an Attorney to find out what you will be entitled to.


Dan S
Get a lawyer and research Whether the rule in an old English case called Rylands v. fletcher applies. If it does it is far more powerful a legal doctrine than even negligence law. It would make your neighbor And his agent company absolutely liable. If it does not apply you still have strong cases in negligence and private nuisance law. Ry v. Fletch. is not well known in the U.S. Your counsel may not be aware of it.Good luck,
Dan


JBWPLGCSE
Rating
Get a lawyer, take notes of people you've called for help, save dates, take lots of pictures of that area. (hope you've got before and after) Good Luck !


zachary_red
Rating
Go inside his cool, cozy, air conditioned office and right then and there kick his butt and run for your life hehe.


lesbianfreak
curse him out


Tigger
Talk with a lawyer. The contractor was way out of line: He had no excuse since the city had done that survey.


lildevilgurl152004
You can sue him for that.


the_silverfoxx
by law he has to replace it . my opion?


Angel
Rating
FIRST take some pics and even get some video footage IMMEDIATELY, DO IT NOW and then call an attorney


scubadiver50704
If your damages do not exceed $5,000, and you think you can prove your allegations, file a small claims court action. A law suit. In most states you do not need a lawyer, in fact you can not take a lawyer with you, but the burden of proof then is up to you. You must prove what you are alledging.


donsabe
1. Determine what the damages total in a dollar amount or what damages can be over time. From what you describe it can over time be a major loss. If that is the case,then time is of the essence! Seek an attorney without delay.

2. Document actual damages. Photographs, estimates to repair damage, receipts for work done, legal description showing property line, record of attempts made to resolve the issue outside of court.

3. Find allies who can help. The more people contractor has to respond to the more time and effort it costs him to delay solving your problem. Contact them in writing and by phone, fax and or email. Local city officials. State officials. Local journalists, radio and TV people, local neighborhood association, others who were harmed, professional associations designations the contractor belongs to or claims to have. They may keep a record of complaints..even professional associations he does not belong to, but competitors do.

4. If the damages are not enough to consult an attorney, use your documents to file a small claims court action.
I hope the following links are helpful!

5. The squeaky wheel gets the grease


brandiejs1979
Rating
you need to contact the city officials....this is not right at all and he is in serious violation!
ps - you will never sell your home until all this stops


brokenheartsyndrome
Get the building permit # and go straight to the building department and request that the work be stopped then consult an attorney.


karlkarlbig4
you should get with better business burrow he will have at time frame to repair the fence and your yard and if it not done in a timely matter he could lose his license and or could be fine and you can get a lawyer


Seikilos
Rating
You can call Mayor Mark Begich's office at 907 343-7100, but I think you may want to first try the City of Anchorage's Ombudsman Greg Moyer at 907 343-4755. Ombudsman are very good at making things happen.

At the same time, you need to contact an attorney. You have a good case here as he invaded and is damaging your property. Do not wait, law suits have a statute of limitations.


Orlando57
Rating
go tom the clerk of courts and file for a small claims court date have him served with the notice and then take the pictures and the statements of your family and friends and also some one whoo lives there also and maybe your spouse or boyfriend and sue him for a back fill job and the dirt and the new fence so get some estimates too to take for a crew or landscapers to do the dirt and the turf sodding and then the fence crews estimates


dreamer
Sue him of course. He wasn't supposed to be on your property, and he wasn't there to tear down your fence, now was he asked to, so he needs to be sued. He shoulb be sued for the amount of money that it will ocst to fix the fence and all other damage he has caused.





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