On Mon, 24 Jun 2013 22:23:06 -0400, wrote:

So he obviously did not have a grading permit - is your municipality a
zoned municipality? sounds like it. What effect will his grading have
on your drainage? Will it divert water onto your propery?

Do we have zoning? I'm a R6B zone. It won't divert water onto my property.
The fence will keep it on his side. The biggest effect of his fill is the
silver maple won't like have the soil level raised above much of its roots.

If after talking to him, civily, he does not give you a satisfactory
response your only recourse would be the building/planning department
and bylaw enforcement. Sounds like his fence is overheight, which he
tried to remedy by backfilling - and he is using a fence as a
retaining wall, and he likely has not got a grading or drainage permit
- all of which are more serious than 1 1 1/2" encroachment.

The fence over height is simple. I call 311 and the building inspector
comes and measures. The only way to reach him is snail mail or walk around
the block and ring the door bell. But as I have noted elsewhere, it is the
contractor and architect that did this.

Don. www.donwiss.com (e-mail link at home page bottom).