What is the name of your state? NC
I come home from work and notice this big Catepillar Backhoe within inches behind my wood fence. The back fence line sits up directly on top in the middle of a berm, in which the land owner, is digging up his half of the berm for fill dirt. The fence line is probably 120 feet long and the dug up embankment wall now created is 6 inches or less from my fence with about 2 feet of depth right below the bottom edge of the fence.
My dilemma is 1.) There was zero communication as a courtesy to see if I had a problem with it, which pending a surveyor report the fence may be deemed as 'common property' being right on the property line. 2.) I understand that half is his property, but what if his digging causes subsidence or erosion where the fence falls down and is damaged due to lack of ground support. Bottom-line: In my view, his actions will infringe on my property, resulting in damage. What recourse do I have and do I have a right to take action if he refuses to fix the damage caused? Any advice would be appreciated.
Side note: I did take dated pictures of the dig, backhoe, and views relating to the measurements referenced just in case. It is weird, I am new to the neighborhood (2 months as a new home owner) and was invited and hung out playing cards over some libations. We got along just fine.
I come home from work and notice this big Catepillar Backhoe within inches behind my wood fence. The back fence line sits up directly on top in the middle of a berm, in which the land owner, is digging up his half of the berm for fill dirt. The fence line is probably 120 feet long and the dug up embankment wall now created is 6 inches or less from my fence with about 2 feet of depth right below the bottom edge of the fence.
My dilemma is 1.) There was zero communication as a courtesy to see if I had a problem with it, which pending a surveyor report the fence may be deemed as 'common property' being right on the property line. 2.) I understand that half is his property, but what if his digging causes subsidence or erosion where the fence falls down and is damaged due to lack of ground support. Bottom-line: In my view, his actions will infringe on my property, resulting in damage. What recourse do I have and do I have a right to take action if he refuses to fix the damage caused? Any advice would be appreciated.
Side note: I did take dated pictures of the dig, backhoe, and views relating to the measurements referenced just in case. It is weird, I am new to the neighborhood (2 months as a new home owner) and was invited and hung out playing cards over some libations. We got along just fine.