Entitled neighbor digs a creek through his neighbor's backyard while they were on vacation, after they previously rejected the idea: 'Our fence is broken, but he says he will fix it and pay for it.'

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  • A stream running through a lush green forest
  • My neighbor dug a creek through my property while I was on a cruise.

    Hello all. I "28m”. And my wife "32f". Live in a smaller ish town in Virginia. About 4 months ago my neighbor came over and tried to get us to sign off on him running a partial creek through our property to feed his other pond for his cows. I honestly wouldn't have had any problem with it, as i could have benefited from it since
  • there would also be fish in this creek. BUT. It would have to run right through where a new fence is.. that I'm definitely not taking down. I told him no I'm sorry, once I figured out that detail. He wasn't happy at all. Fast forward 4 months. I leave on a cruise and come back and he's done it. Our fence is broken but he says he will fix it and pay for it... idk what
  • to do. That was last night. I just woke up with tons of anxiety and no clue what to do at all. I hate confrontation. Thanks.
  • PrettyLittleAccident NYL. You get a lawyer to do the confrontation for you!
  • A woman in a black suit
  • Worldly_Comparison42 this is the correct answer. a lawyer will be able to navigate this better than anyone. your neighbor trespassed and destroyed your property. not cool.
  • r_idontcareaboutyou I had a neighbor do something similar. He used his backhoe to dig a trench from my creek to his cow pond. We have a fence so this was not a mistake. I don't know when he did it, but his pond was full when I found it. I gave him 2 days to repair my land or I'd sue his a off. Put up a trail cam and day 1 nothing. Day two he fixed it. I told him if ever again no warnings will be given. He hasn't f'd around on my property since.
  • ALWanders And only communicate through that lawyer, they step on you property trespass them every time.
  • myaberrantthoughts And you place a few trail cams aiming at the broken fence and any other areas that he may try to enter your property, and send any relevant footage to your attorney - don't confront the neighbor with it.
  • Upbeat-Sandwich3891 I'd also consider calling the sheriff's office/local police to file a report. That's a combination of trespassing and destruction of private property. Not saying I'd want criminal charges filed, but at least there would be an official record.
  • RobertHarmon Don't forget that a vindictive neighbor can easily make your life totally unlivable.
  • OldTwisted And that you can be that neighbor.
  • Jennifer Mel13 Get a lawyer if that wasn't obvious. I'd have them send a letter that this construction was unauthorized and unacceptable along with a demand that he return the land to its original state. Get ready for a long and expensive lawsuit if he doesn't comply.
  • I'd figure out which state agency manages Virginia's waterways and get in contact with them about this unauthorized creek construction. Waterways can be interesting beasts and I'm sure your neighbor didn't do things correctly given he didn't have your permission.
  • Jupitersd2017 Yeah messing with or diverting water is a pretty big deal in almost all states, not sure who you would contact to report it but it should be reported lol
  • Expensive-Scene-7763 Yeah I know it's different out east, but in the western U.S., water rights are serious business. You can't just divert water sources -nilly.
  • Jupitersd2017 Some guy in Oregon or Washington state a few years ago got in huge trouble for building a retention pond on his property to collect just rainwater. How in CA we have a select few controlling all of the water rights for the state is beyond baffling but sigh that's for another day.
  • Timelapse photography of water drops
  • billding1234 This is called trespassing. You can either ignore it and expect more of the same or address it head on. I'd strongly recommend the latter. You can start by asking your neighbor why he thought this was okay or skip that step and hire a lawyer and follow their advice.
  • If I was your lawyer (and I am not) I'd advise you to contact law enforcement to have your neighbor trespassed from your property. Then I'd have you get an estimate to fix everything. Next step would be to either demand payment in that amount from the neighbor or a lawsuit asking for the same as damages plus a permanent injunction against further trespassing. Edited to add: I would not contact any state or federal regulatory agencies until after you talk to your lawyer. They might make it your p
  • Icebergnametaken It sounds like your neighbor was seeking some kind of an easement. We use them a lot where I work. If you didn't give him permission, he is completely in the wrong. You should report his trespassing to the police and figure out how much it will cost to fix the damage. Small claims court may be your best option.
  • TheVoters This is beyond small claims material tbh. You're going to need an injunction to ameliorate the illegal drainage swale from the neighbor's side of the property line as well as damages to the property and fence. A small claims court can't offer the necessary injunctive relief.
  • ViciousKitty72 I bet the federal wetland branch would love to meet this guy. I doubt you can just change water flows without some gov bureaucracy and permits.
  • Mindless_Gap8026 Reach out to your local bar association. They'll probably be the ones to know which lawyer might be the best one for you. If you have any voicemails or texts from your neighbor before the cruise about the creek, save them. Save any Google Earth pics of your property from before the excavation. Look and see if you have any pics of that section of the property. Find your receipt for your new fence. Don't talk to your neighbor again until you speak to a lawyer. Take pictures of the

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