On Monday, June 24, 2013 11:16:09 PM UTC-4, Don Wiss wrote:
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.

And while they were putting up a fence on your property, you
never did that. Nor have you in the two months since.




But as I have noted elsewhere, it is the

contractor and architect that did this.






Again, with the architect and contractor. How do you even
know who exactly did what? How do you know the architect was
aware they were putting a fence on your property? Did you see
plans from the architect that show the fence on your property?
Somehow I doubt that. If I was the architect, I wouldn't
respond to you. Maybe the architect even told his client he
couldn't put the fence where he wanted. You think the architect
then wants to get mixed up in taking sides by talking to you?
Good grief! You need to talk to the PROPERTY OWNER.