NO...really they dug a hole in the my son's backyard! I get a call from my son, "hey dad, a local builder just crossed into my yard and dug a hole for back-fill dirt to put around their house to stop water from draining into the basement. What should I do?"
I asked a few questions like are you sure he isn't on the lot line? He tells me no he ran over the bushes I planted this summer. His yard is low and mine is higher so he came over for the dirt and told me it was in a right of way. I then asked him to get out his survey and look. Not on the survey. So it was a rouse to get my son off his back.
Since there are survey stakes it was easy for him to call the local police. This only happens when someone is non-responsive and tells you to take a hike. He (the builder) was charged with trespassing, theft and destruction of private property.
He didn't ask my son, he didn't talk to him he just drove on the property with his backhoe and started digging a trench taking scoops of dirt to back-fill his basement wall. The area had been back-filled before but was not sloped right to allow for proper drainage. He decided that the quick fix was get dirt from close to the property line and ask for forgiveness later.
My son isn't someone who normally discusses these issue calmly. At 8 pm on Sunday night, when it's dark, isn't the time to run heavy machinery in a suburban neighborhood. It tends to draw attention. You can imagine my son's surprise to look out the window and see a backhoe in his backyard digging a trench.
The contractor is willing to fix everything if my son drops the charges. At the time he told him to take a hike. My son relayed his conversation. You weren't that concerned about our neighborhood relationship before. I know you will fix everything that is part of the judgment we are asking for in addition to the charges the police issued. Take it up with the courts they have your file.
Seems the contractor built many of the homes in the subdivision and most have issues. My son's was built by a different contractor. Interesting scenario, glad I do not have to contend with a guy like that.