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

Question

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.

Answer 1

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

Answer 2

I'd start with the city offices. The contractor must have permits to perform the work. Find out what permits the contractor has. And report the mess to the city. Are you financing your house? Call the insurance or the mortgage company. They might know which agencies to contact. Look for contractor associations in Anchorage. They might be able to help you find the appropriate agency. And, they might help you file a complaint against this contractor.

Definitely take pix of the mess! And take pix of the people who are making the mess. Make sure you get a picture of as many of the vehicles on site that you can, including license plate numbers.

Answer 3

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.

Answer 4

I would first make certain of where the fence stood in relation to the property line. If you do not already have one, get a survey done. If he damaged a fence on your property, he or his company is liable for damage to it. Regardless of the fence issue, it sounds like he is also creating a nuisance by his construction activities. You might try an action for injunctive relief asking the court to have him cease constuction activities because he is causing ongoing damage to your house. You may have to hire an expert to document the damage to your house and the cause of it. Do not assume the court will take your word that his construction activities are the cause of the damage to your house. This is not a small claims action which you can handle yourself unless you are convinced that the damage total is only a few thousand dollars. You will have to check on small claims limits in Alaska. A request for an injunction will get his attention and probably make him eager to satisfy your demands due to the financial losses he will likely have if he is forced to cease construction. Proper documentation is crucial to success. A your word against his word type of scenario is not where you want to be when this gets before a court. I would expect to pay out around 10k in attorney fees minimum to properly pursue this. You really need to assess whether your damages well exceed this amount to justify this expense. You may also have to put up a bond to stop him from his activities while your case is being pursued. I think you are going to need an experienced real estate litigation attorney. If nothing else, get an attorney to send him a letter outlining the course of action you are prepared to take if he does not rectify the damages he has caused and take steps to prevent further damage.

Answer 5

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.

Answer 6

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

Answer 7

I think that you should get in touch with an attorney. He should have not went passed your property line. Since he is ignoring your request and did a half *** job on putting the fence back right and now causing all this damage; u really need to talk to an attorney and also talk to someone in that about his contractor license. wish u all the luck. Since your yard has lots of deep holes this why you have not prospects. Don't go it alone. Get an attorney!!!!

Answer 8

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!!!

Answer 9

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.

Answer 10

take some pics,get some video footage & go to your local city code enforcement and tell them that your fence has been taken down,and due to that, you're in danger of a lanslide, and with a 6 year old,that is putting him in danger too. i do believe it is illegal for a contractor to take down private property. they cant take down your fence without your permission. i know this because a similar situation happened with a tree and my neighbors putting up a fence. my family and i didn't worry about it,but you should definitely worry about what happened. go to any place that deals with complaints and property issues and tell them what happened.but before everything,get an estimate, then get 2 other back up estimates.and no matter what, get a hotel. and every thing that it costs you to stay out of your house, you can add that expense and all other expenses that come from staying out of dangers ways. take the guy to court, and chances are if the court finds the code of property ethics violated,you'll win.

Answer 11

just call ur local building inspector, inform them of the problems, take many pictures,:

here's the kicker- tell the city that if nothing is done with in 2 weeks that you will include them in ur law suit against the contractor for failure to control this project ( no city wants a lawsuit) then send a registered letter to the contractor listing all damages and what u expect of him to fix and set a time line....let him know that u intend to sue him for damages....

if after 2 weeks nothing comes of it, contact a lawyer, the lawyer will include his cost and cost of court on the lawsuit! u have nothing out of pocket, tell the lawyer u want him to take the case under these conditions.....many do this, ( my brother is a lawyer)

.....and by all means, be nice the first 2 trips and then turn into a b%&#h the next trip!!

NOTE: tell the contractor that u will be forwarding all letters and copies of all conversations to the Alaskan Board for Generial Contractors......and DO IT..........


lic. gen. contractor