Changes during escrow?

[Chris Thompson]

So the condition of the property has been altered mid escrow.

We are in escrow to buy 3.5 acres land only. And a neighbor trespassed and illegally graded part of the land to divert the flow of water away from his property. Seller doesn’t want to deal with this and has sent us a Notice to Perform. Police report and code enforcement have been notified.

Do we have any other options 

I feel the seller should restore the land as close to original as when we signed to open escrow.

Thought please.