Homeowner calls 12, says neighbor built wall on his property

Source: NBC12
Source: NBC12
Updated: Apr. 25, 2018 at 5:28 PM EDT
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GLEN ALLEN, VA (WWBT) - A frustrated Glen Allen man turned to 12 On Your Side for help, after he says his neighbor built a wall on his property without permission.

Walt Ferguson went to the county for help - it backfired in a way that could cost him thousands of dollars.

"I want this ugly, unsafe, trespass of a wall to go," said Ferguson.

Ferguson says when his neighbor, Darren Mazey, mentioned that he was going to extend his driveway and build a retaining wall, Ferguson was very clear in his response.

"If you get the permits and the papers from the HOA, and I don't want anything on my side," Ferguson said.

Once construction began, Ferguson says he kind of watched from afar.

"He came out here, he was just digging over here, and I didn't know whether he was digging out a big area, because he was digging footings or what," Ferguson said. "I had other things I had to deal with, until it became apparent to me this guy was messing up."

That's when he realized the wall had been built on his property. He says when he spoke to his neighbor about it, he was essentially blown off.

"I said it's a danger, it's going to fall in my yard," Ferguson said.

He went to the HOA, which he says made him get a property survey before it would intervene. Even then, Ferguson says the association didn't do very much.

A statement from the HOA says that's because it's a matter best dealt with between the residents and the county.

So he turned to Henrico's Building Inspection Department, which ultimately determined the wall is not in compliance - but what happened next shocked Ferguson.

"I get a letter, saying that it's my responsibility to take the wall down, but first I have to get a permit to do it," Ferguson said.

If he doesn't modify or demolish the wall, he could face a $2,500 fine!  He's missed the deadline, and now has to go to court because of it.

"Nobody's given me an explanation that's logical," Ferguson said. "It's caused a lot of stress here. I don't wanna live next door to a guy who I'm arguing with."

His neighbor, Darren Mazey, did not want to do an interview on camera, but he told NBC12's Eric Philips that Ferguson agreed to the wall being built on Ferguson's property and watched while it happened, saying nothing the whole time. He said the wall was built in 2012 and that Ferguson did not start complaining until a few years later. Even then, Mazey says he tried to work with his neighbor, but didn't get any cooperation.

Regardless of who put it there, the county says the wall is not in compliance, and since it's on Ferguson's property, he's responsible. It's left a bad taste in Ferguson's mouth.

"I don't have the money to throw at this guy," Ferguson said. "I want my property line respected."

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