Can a developer next door to my property find a legal reason to make me change the grading on my property?

I live in Canada and a land developer wants to build several condos next door to my property.


His plans are to build at the same height as my house by removing the hill on my property.


The hill is covered with flowers and flowering bushes with man made streams, water falls and ponds all linked together the hill from 15 to 25 feet wide, 6 to 8ft high and 100 foot long.


The hill slopes to his property height with the property line at the top of the hill. He told the neighbors the hill is going to be removed so he can build at the same height as my house, can the city allow him to remove it?


If he puts in a retaining wall on his side the water table on his property would lower affecting the plants on the hill and my water bills would go up.


The hill has been there over 50 years, and I spent the last 8 years getting it to the way I'm happy with.

Can a developer next door to my property find a legal reason to make me change the grading on my property?
The developer cannot do anything on your property. You have title to the property and therefore he cannot dig, grade, or set foot on your property. Contact your township or municipal government. Canada has subdivision and zoning laws. A developer must submit development plans to the local government that show a grading and drainage plan which should include the following: proposed contours of the land (how the land will be excavated for his condos), a proposed storm drainage system where all the runoff from his property is going to go, proposed water and sanitary sewer connections for the buildings, the locations of the proposed condos, proposed road ways or access to the condo, etc. Ask to see these plans and make sure your questions concerning your property are addressed. If not, hire an attorney file the proper paper work to stop construction until they are addressed.
Reply:This may not be the answer you want to hear, but fact is stranger than truth. Since most of it is his property. He can do what he wants to it as long as he is within local ordinances without your approval. As long as his condos don't block your view. Its his choice to do with the property what he wants as long as he meets zoning regulations. These are available at your local courthouse.
Reply:I'm not familiar with the laws in Canada, but I've seen situations in the US where the developer was allowed to do whatever he wanted on his side of a hill, including installing a retaining wall. If if such a wall had adverse impact on the property next door, there was no barrier. However, the rules are changing and you may find that you have success fighting this plan. Recently, storm water drainage has become a really big deal in many urban/suburban areas, and this issue has been successfully used as a deterrent to the type of landform change you're worried about. I would contact every agency with jurisdiction in my area to determine what hurdles he will need to jump to get permits to do what he wants. You can make your opinion known, and also attend every hearing, which is a frustrating process, but probably the only way to achieve your objective.

rose garden