Legal Question in Real Estate Law in Virginia
adjoining property owner leveled off 5 feet of soil and aprox. 30 trees on my 3/4 acres without my consent or knowledge and constructed a dwelling on the property line without adhereing to the mandatory 35 feet roofline setback. This is currently taking place in konarock VA. Can I have him charge for a crime and what would the charge be for him knowingly willfully destroying and theft of real property without my knowledge or consent..I know i can sue him,but can he be prosecuted?
1 Answer from Attorneys
No, the facts as you've described them would not amount to criminal
conduct (in my opinion). But, of course, this individual could be subject to
civil lawsuits by you for whatever damages you've incurred from his actions as well as by the local jurisdictional authority for violation of local land use
restrictions/zoning laws in that locality.
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