Demand Letter Halts Developer’s Soil Dumping Behind Client’s Property

No homeowner wants to watch their property damaged over time, especially when that damage stems from a construction project that has nothing to do with them. 

That was the situation our client faced when a residential developer began dumping soil behind their property. At first, the dirt pile was little more than an eyesore—not something the homeowner expected to become a permanent fixture. But the dirt was never cleared. Instead, as additional soil was added to the pile, combined with the effects of rain and snow, the soil naturally spread outward and eventually began pressing against our client’s fence, causing damage to both the fence and the surrounding property. If left unaddressed, the continued accumulation of the soil threatened to cause progressively greater damage to the homeowner’s yard, landscaping, and other improvements. 

Realizing he had a mounting problem on his hands, the homeowner contacted Robinson & Henry. 

This type of legal issue is a boundary dispute, specifically, an encroachment. It occurs when a structure, object, or other material—in this case, a large pile of soil—extends beyond one property line and onto a neighboring property. Many law firms take encroachment straight to litigation, but that’s not always the best solution. And a legal fight wasn’t what our client wanted anyway. They simply wanted the developer to stop dumping behind their property. Taking the developer to court and incurring the resulting legal costs would’ve prolonged the issue for our client. 

Instead, we took the opposite approach. We drafted a robust demand letter, laying out our legal basis, knowing we had sufficient visual evidence to convince the court if the developer chose not to meet our demand. Fortunately, the developer realized the scope of their legal exposure, ceased dumping, and moved the dirt pile away from our client’s property line—saving our client’s property from further damage.

Is a neighbor or developer encroaching on your property line? Our real estate litigation attorneys can help you find a solution that meets your needs. Call 303-688-0944 to schedule a consultation or book online 24/7.