Q: Would this constitute Class I Felony criminal damage to property and be within the statute of limitations?
I have a neighbor send their contractors onto my property without consent. The contractor was made aware that their was no permission to come onto my property because I had problems before with damage. I finally gave permission to the contractor after he told me he was just going to replace the sidewalk. Instead the homeowner and contractor took out the drainage ditch and extended the sidewalk shifting run off to my property. No permit was issue in accordance with ordinances or state law. The building inspector supports this action. I have spent over 500.00 plus time and labor trying to correct this. I have a temporary fix but a Professions Engineer will have to come in and grading will have to be done. The estimated cost will be in excess of 3,000.00. I believe the statute of limitations is six years. I believe there was misrepresentation to gain access to my property. I was not aware of these property drainage law until recently.
A: If you report this to law enforcement they will probably roll their eyes and tell you this is a civil matter and they are not interested in it. You may very well have a civil cause of action, though. See an attorney familiar with real estate law who has at least some litigation experience about bringing an action. The statute of limitations for a felony is 7 years in Wisconsin most of the time. I don't know what the statute of limitations is for the kind of litigation you will likely need to pursue.
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