By Charlie De Mar

CHICAGO (CBS) – An Addison woman says new construction near her home is causing costly damage and her backyard is sinking into a hole.

Jessica Cutright’s property line is just a matter of feet from the construction of 19 new townhomes being constructed by developer Woodland Estates. She says it’s causing erosion on the other side of the fence.

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“Our fear is if we go outside the land could fall, and one of my three kids could fall into the hole,” Cutright said.

A storm water detention pond trench butts up to Cutright’s property. It’s also under construction, and the digging and wet weather over the last two weeks caused the topsoil in Cutright’s backyard to erode.

When asked whether the issues were avoidable, construction manager Tim Kane said, “It’s hard to say. You can never tell what the weather is going to do, but we took every precaution to avoid any erosion.”

Before construction, Woodland Estates offered the Cutrights $4,000 to dig five feet into their property and make other repairs, but the Cutrights denied the offer.

“We’ve made several efforts to come to a solution and she’s been rejecting every one of them,” Kane said.

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“My fear is more damage happening, especially to the inside of our home,” Cutright said.

Cutright also says there are new or expanded cracks to the inside of her home.

“Some of them are brand new, and they are growing,” she said.

“We aren’t concerned about any structural issues to the Cutright home,” said John Berley, Addison Village Manager and Director of Community Development.

“Construction is not fun to have right next to your home. No one is saying that. But the builder has a right to build on his property, too, so we have to balance and respect the rights of both parties,” Berley said.

“It is emotionally and physically draining,” Cutright said.

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The village says the developer will backfill, essentially make the necessary repairs to the wall this week. Cutright says she is contemplating legal action.

Charlie De Mar