Legal Question in Real Estate Law in Virginia
I'm in Va. My neighbor has put a burm on the utlilities/highway right of way in order to send any rain water back out to the road and to my property. He built a block wall between our properties and all of his water run off comes on my property and has ruined my land and washing the soil and grass away. The landscaper said he couldn't repair the damage until the water was turned back off of the land. Can I get a warrant on him for destruction of private/real property? I have had a civil suit against him since 2004 and the problem is much worse now. What are my options? This past summer, he threatened to knock my brains out with a weedeater and swung it at me. He got anger management and is to stay away from me and my property. When he built the block wall, he slung the concrete all over my chain link fence. I have a wood privacy fence running parellel to his block wall and my chain link fence. It's warping and not touching the ground in most places due to the ground being washed away. Can I take him to court for destruction of private/real property??
1 Answer from Attorneys
No, warrant for destruction of property since that would be a criminal matter which would require a different set of facts from what you've described (in my opinion) and which would appear to fit more with the civil
action which apparently you claim is still pending.