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Encroachment Issue

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heidi12

Junior Member
What is the name of your state (only U.S. law)? NC
My property has a shared property line with a church. The entire property line that is shared is 200' and this was heavily wooded. The church clear cut about 6 acres of their property which involved about 100' of my property. Trees were cut right up to the property line. I also have a creek which runs through my property and this creek is about 15' from the clear cut line. The church then put in a sediment pond which encroached upon my land by about 4'. This pond is right upon my property line and covers about 75' of the 100' line. They did move the pond about 2' off my land but the drainage for the pond is still directly onto my land. At the time the planning department made them move the pond the church was to fix the damage that they did to my land but after 6 months nothing has been done. I have since found out that the church is out of money to finish the landscaping and removal of this sediment pond. Due to the drainage and erosion from the pond I stand to lose quite a few trees and the area bordering the creek has been eroded and I will lose trees along that also. Do I have any rights to get this pond removed before I lose any more trees? Due to the escessive amount of standing water on my land from this I cannot plant nor do any work at all.
 


drewguy

Member
Yes, you can sue them either to compel performance of what they were required to do, and more, or for damages (or both). The fact that they "ran out of money" doesn't mean you can't sue. You may end up with a judgment they can't satisfy, however. But that may mean that you have a lien on the church or its land.
 

heidi12

Junior Member
Thanks for the info. I didn't know whether it would be worth my time to sue. But as much damage that has already been done it probably would be. It's for sure the church is not going to do anything to remedy the problems.
 

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