Lot owner being sued for someone building a home in the lot owner's parcel

[SC Maintenance]

This is why you always pay for a survey and title insurance. There is no excuse for paying for basic peace of mind.

TH

I bought a house in charlotte years ago, and they made me have it surveyed, which I was surprised because it had sold multiple times and was in a subdivision, so presumably it had been surveyed many times. As I recall it was expensive, and I was broke, so I remember.

Last house I bought in Charleston was brand new, and everyone said I did not need a survey. I looked carefully at the plat and i figured OK the area is well defined by the road, and there are the right number of houses and there properly spaced (mine was the last house built on the street), so I figured everyone's is out of place if mine is. In the end I should have just got the survey because I did 6 months later anyway so I could build a fence.

Won't ever buy one without it again. Never have and never will without title insurance either.

 

[Tharber]

I'll make a long story short.

Recently I had a commercial site under contractthat abutted a US HWY. My title company/attorney after reserarch and current survey found that back in the 80's a portion of the original land was taken to construct an addional lane of traffice on the highway. No one had ever taken the time to look at it and the old owners had been paying property taxes on the portion that was taken for the highway for all those years.

TH

 

[BMWTurboDzl]

Do you mean the title insurance of the lady that owns the land? Why would they have anything to do with it.

I have no idea if the house was sold or not, but all the articles say its the developer that hasn't been paid. So assuming they did sell it, the money has obviously not cleared. So presumably that sale can be undone.

The piece I would really love to know is how they actually found out. I wonder if the closing attorney or even the realtor for whomever was trying to buy it did their job and had it surveyed, and they were the ones that figured it out?

I meant the buyers.

 

[BMWTurboDzl]

This is why you always pay for a survey and title insurance. There is no excuse for paying for basic peace of mind.

TH

ya

 

[2005jettatdi]

The question in my mind is what is the judicial system in Hawaii like for civil matters. Impartial, or good ole boys club..... We take for granted that the judicial system is impartial, some may not be.

All courts are good ole boys clubs. The sooner you understand that the better. Still, the developer's case should be laughed out of court and sanctions applied for a frivolous filing.

Also, title insurance is of no use in this circumstance. Title insurance covers any flaws in the title at the time of purchase, not anything coming up later.

 

[Hall]

Assuming the woman had title insurance.

The woman owns (owned) an empty lot and her rights to the property have never been disputed. As of today, no one, including the developer, builder, etc are disputing that the property really does belong to the woman.

This is very true. A despicable tactic that enables thieving lawyers.

...and greedy people or companies that hire them. Everyone knows what the "right" thing to do is here but the companies seem to have taken the path that they can afford to litigate this lady into submission.

 

[SC Maintenance]

So a bit of an update rolled through my youtube feed. According to the lot owner and seemingly the reporter, the only real offer to this lady has been to swap for the adjacent lot.

So essentially the developer doesn't want to take any responsibility for what clearly is there mistake.

 

[BMWTurboDzl]

So a bit of an update rolled through my youtube feed. According to the lot owner and seemingly the reporter, the only real offer to this lady has been to swap for the adjacent lot.

So essentially the developer doesn't want to take any responsibility for what clearly is there mistake.

Well she wants the house removed and does not want another lot because it won't align with the birth chart of her and her children.

What is the builder supposed to do other than bulldoze the house? I don't know.

 

[SC Maintenance]

Well she wants the house removed and does not want another lot because it won't align with the birth chart of her and her children.

What is the builder supposed to do other than bulldoze the house? I don't know.

If the video is to believed, the builder doesn't want to do much. Offer the lot next door. That's not negotiating in good faith IMHO.

Lets not forget its the builder that is suing her, not the other way.

Possibly she believes in the alignment of the stars, possibly she is just angling for more money. Either way its her property - if she wants the house bulldozed, the lot restored to its original condition, and to be paid for her time and trouble including all legal fees, thats here right IMHO. Builder screwed up. She owes him nothing.

 

[BMWTurboDzl]

If the video is to believed, the builder doesn't want to do much. Offer the lot next door. That's not negotiating in good faith IMHO.

Lets not forget its the builder that is suing her, not the other way.

Possibly she believes in the alignment of the stars, possibly she is just angling for more money. Either way its her property - if she wants the house bulldozed, the lot restored to its original condition, and to be paid for her time and trouble including all legal fees, thats here right IMHO. Builder screwed up. She owes him nothing.

Sounds there is no negotiation since she wants the house removed.

 

[SC Maintenance]

Sounds there is no negotiation since she wants the house removed.

When someone sue's you, you countersue for the largest and most costly amount you can.

What she says she wants, or more importantly at this point what the court is willing to give her, are likely different.

My understanding is the developer hasn't paid the builder either. All around great guy I am sure

 

[SC Maintenance]

So I stumbled into an update on this. Lehto's law did a piece as well - I know there are some fans of his here.

Judge said they can tear it down.

Judge left open opportunity for the land owner to be open to further damages.



https://www.kitv.com/news/court-ord...cle_06d31c9c-330d-11ef-8801-43abe879d471.html

 

[DriveHard]

All courts are good ole boys clubs. The sooner you understand that the better.

So so true...
I lived in Tennessee for a short bit from 4th grade until the start of 7th grade. We lived in a dead end rural housing development. Speed limit was 25 mph. I road my bike EVERYWHERE when I was a kid...pulled out of the driveway on a normal day and can't remember the rest of that day. I was hit by the judges daughter. Police report estimated speed of 55 mph based on skid marks...UPHILL. I ended up in the ditch on the opposite side of the road almost 15 yards from impact. Report says I jumped up and ran around the road in a daze...

We sued ONLY for medical bills and a kids 20" bicycle replacement. No pain, no nothing...no further compensation of any sort.

Judge ruled the sun was in the eyes of the driver, and I didn't look when I left the driveway, making it a mutual fault accident. We got nothing. Driver went 100% free, not even a speed charge.

 

[BMWTurboDzl]

So I stumbled into an update on this. Lehto's law did a piece as well - I know there are some fans of his here.

Judge said they can tear it down.

Judge left open opportunity for the land owner to be open to further damages.



https://www.kitv.com/news/court-ord...cle_06d31c9c-330d-11ef-8801-43abe879d471.html

Nothing like owning a lot with a clouded title.

 

[Hall]

Judge said they can tear it down.

Judge left open opportunity for the land owner to be open to further damages.

Pretty nice to see that the RIGHT thing was decided here.