Motion heard to tear down brand new home built on wrong property

A court hearing entered a second day on Thursday on whether or not to grant an injunction to tear down a new home built on the wrong property. A very expensive sequence of events is expected to continue, as there is no movement towards resolution in a Hawaiian Paradise Park error that could come at the cost of hundreds of thousands of dollars.
Part 1: • Lot owner takes the st...
Part 2: • Big Island house built...

[@michaelvonfeldt9629]

They are not identical. It’s hers, remove the home

[@AmandaAmanda-sh8lx]

The property isn't even hers. The owner has time to pay the taxes and claim it.

[@randys6220]

@@AmandaAmanda-sh8lx If that new home is left on the lot that would greatly incentive the estate of the previous owner to simply pay the back taxes and get the lot back. They are no doubt watching for the outcome on this. That is why the lady wants that house gone.

[@OldGuy555]

The previous owners can redeem it for back taxes. With a new house on it, they can get a loan for the taxes.

[@michaelvonfeldt9629]

@@AmandaAmanda-sh8lx I think when it was sold at auction that time has past to re claim the property. I would hope that the gov gives at least a few years to back the back taxes before it goes to auction to allow for a change in the family or if someone forgot. I would also hope that the equity difference from the taxes owed and the sale price would go to the original owner that lost the property to auction.

[@BastiatC]

@@michaelvonfeldt9629 That last part is usually not the case. only a few states have gotten rid of home equity theft.

[@moonlight01011]

Developer is a squatter, in my opinion.

[@evonne315]

Exactly

[@tman8939]

good point, squatting for profit. builder/developer is responsible for knowing boundaries.

[@Savage808Surf]

The lot is hers period….she paid for that lot

[@morrismonet3554]

She does not have title to the property. As per the video, since it was a tax sale, the previous owner's family can redeem the lot out from under her. So, she would be a fool not to exchange it for a lot with clear title

[@user-mc8se6uj2t]

​@@morrismonet3554The redemption period for the previous owner to pay back taxes has passed. The Developer failed to have a survey done which would have been able to determine which Lot the Developer owns. The Developer has filed for Bankruptcy.

[@werberderber6209]

@@morrismonet3554 True but it is still her property, she can choose as she pleases. Also, If I was the person/couple that had the house built I would not want a piece of land without a clear title.

[@user-mc8se6uj2t]

​@@morrismonet3554The 1 year redemption period for the previous lot owner to pay off the taxes has passed. The woman has legal ownership of the lot.

[@tinytim4657]

She didn’t give them permission to build on her land. They should tear the structure down and provide mitigation of all environmental losses

[@JustSayN2O]

As well as all legal fees, and if her property taxes went up due to the house that was illegally built there.

[@theadventuresofjohnandjenn323]

Also, if they let the house stand and make her take another lot, it sets a precedence.

[@davidwhitten3596]

Bingo

[@jeremyacton4569]

The developer messed up, so the developer can take it down, AND pay the land owner's legal costs.

[@stellaluuk2713]

Building without a survey is the height of incompetence, how was building even approved? Just looks like a shady land grab by the developer.

[@RedtailFox1]

yeah. Build house, offer a fraction of what the now developed property is worth and then profit. The fact that this woman is standing up against them is likely the reason that they are now suing her in the age old US company tactic of 'I can afford to bury you in legal costs until you are bankrupt'

[@Recovering_Californian]

None of this matters. That is HER property. Tear it down if that is what she wants. It's absurd how long this is dragging out.

[@2148aa]

The American right to be a space cadet

[@jimbeam-ru1my]

"None of this matters. That is HER property. " So what? If you crash someone's car worth 10k, you owe them 10k. This chick is trying to get the developer to spend 300k to pay for damaging her 70k lot.

[@rambofan334]

@@jimbeam-ru1my Seek rehab for your L take addiction.

[@davidwhitten3596]

​@@jimbeam-ru1myAnd she won... Apparantly, there are still places where you can't steal someone's property

[@lukek8357]

It seems obvious that they have wrongfully built the house on the wrong land due to negligence and corner cutting. If the land owner doesn't want the house they should be required to remove it.

[@chopsjazz1]

And return the lot to its previous unmolested state.

[@lukek8357]

@@chopsjazz1 if you research Tree Law you can imagine the insane amount of money that builder is going to owe in damages for the vegetation that was removed.

[@kawikajones9436]

@@lukek8357 serves him right and it would be a painful lesson learned to do it the right way by having the land surveyed next time.

[@janofb]

She's a lunatic. She bought that lot because it was on a tax lien and cheap, not because it was unique and special and aligned with birth charts. She made all that up AFTER the fact. It wasn't the driver of the purchase. Plus the lot next door was offered to her. Same alignment, same vegetation. She turned it down.

[@michaelvonfeldt9629]

@@janofb the fact is that this is her lot to do with as she pleases. We don’t know what the trees looked like, they could be different. She shouldn’t be forced to compromise in any way, she has done nothing wrong.

[@grabruss]

It’s a tactic to acquire desirable land that the owner doesn’t want to sell.

[@jasminespencer3992]

That’s why the court must rule in her favor correct?

[@chrisbabaero5147]

No that makes no sense. There's thousands of empty lots all around this place

[@grabruss]

Are you a realtor in that neighborhood? There are lots of factors as to what makes a lot desirable. Not all lots are the same.

[@chrisbabaero5147]

@@grabruss No buddy. It's the testimony of the realtor that they brought into the case. It's actually stated in the news video you're commenting on . Maybe you should watch it lol ?

[@grabruss]

Wrong. The owner stated that this lot was unique for its good energy. Besides it’s her property. The sleazy developers have no right to it.

[@rickagulia3767]

The builder is totally incompetent !! The city inspector has paperwork that shows all the information, doesn't know his job!!!

[@stuwest3653]

He knew what he was doing.

[@marilynjackson5752]

They should give her the house a d she should accept it. To take the house down would be wasteful of the all the materials.

[@TheAlgomalo]

@@marilynjackson5752 She doesn’t want the house, so no, she shouldn’t accept it. How is it your place to suggest what someone should do on their own property? Busybody.

[@marilynjackson5752]

@@TheAlgomalo Jeeze, chill out. People can have ideas, even if their not yours.

[@michaelvonfeldt9629]

@@TheAlgomalo go easy haha we are all friends her sharing ideas. I see your point.

[@apepex1464]

Identical lots? The lots are stacked upwards in that specific location is probably what they meant. Stop with this nonsense and demolish the house because of incompetence.

[@evonne315]

No such thing as identical lots ANYWHERE. Like saying this isnt the truck you picked out but its identical. Sorry?! No.

[@morrismonet3554]

She does not have title to the property. As per the video, since it was a tax sale, the previous owner's family can redeem the lot out from under her. So, she would be a fool not to exchange it for a lot with clear title.

[@mpcinlv]

No Surveyor? Among a 8,000 identical lots ....Crazy, Crazy, Crazy. The Survey cost to stake this lot would have been ~$1,500.

[@chopsjazz1]

Exactly. Why didn't he just build the wrong house on one of those other lots then?

[@evonne315]

Thier not identical. They are using that language to skew the conversation. Each lot occupies a different space on the planet, and thats the point otherwise we would all get sold "a lot" but not get to pick one. There are no identical lots.

[@jimbeam-ru1my]

When contractors work in empty residential tracts like this they will find the lots with the plat maps instead of hiring a surveyor. Hiring a surveyor costs money and it takes time because everything is held up until the surveyor is done. The primary rule of home construction is to get her done. If you have to spend 1500 and wait a week for the surveyor, you find it with a plat map and get started on the property today.

[@mpcinlv]

@@jimbeam-ru1my BS upon BS

[@nevadaboy9769]

@@mpcinlv 👍

[@marcusanderson-yeager6740]

I pray they paid for her legal charges and tear the house down without damage to the land.

[@Bass-lh6hn]

It should be tore down and the land restored to its original state, period.

[@jimbeam-ru1my]

bullshit. she should take the property they offered her. it's got all the original vegetation just like she wants and everything else about it is exactly the same as hers. she just wants a free home..

[@rambofan334]

@@jimbeam-ru1my L

[@jimbeam-ru1my]

@@rambofan334 if you're too stupid to actually come up with a rebuttal then stop replying to my comments you idiot.

[@brianmacintire3064]

"Working it out" can certainly include removal of the home. Not her problem to pay for someone else's mistake.

[@shadowblack1987]

I doubt it was a mistake... And apparently it happens a lot there too?...

[@punaforge]

Not all the lots are the same. The danger is if the developer gets away with this they are going to poach prime lots and want to trade for one with a Puka full of junk cars.

[@tommyl5319]

Well according the one guy in the report, this has already happened multiple times, and it allegedly is always worked out with them compensating the original owner. Your prophecy may be a little late

[@punaforge]

@@tommyl5319 the difference is those were voluntary. And she would have made out ahead on a swap. But if if someone can go to court to force you to give them your land it is the end of property rights in Hawaii.

[@1anthonybrowning]

@@punaforge The state of HI is using the Spirit of Aloha to steal gun rights from people, so why not use the Spirit of Aloha to steal their property now?

[@jimbeam-ru1my]

you're a complete and total idiot if you think the developer actually wanted to let the house sit vacant and abandoned for years while they fought over it in court when they could have just built it on an identical lot next door and sold it a year ago.

[@jimbeam-ru1my]

@@punaforge what an ignorant thing to say. Mistakes like this happen in construction and the developer had absolutely nothing to gain by building a home on the wrong lot. This isn't high dollar real estate, this is an average residential tract. The only way to make money building those is to get them up and flip them quick. This developer is taking a loss on this no matter what happens in court

[@PhrontDoor]

If the builder's claim is that the lots are fungible, then the builder can pick any other lot. Strangely, they seem focused on that ONE lot where the house is. Wonder why? Maybe each lot is NOT identical, as they claim.

[@calypsosgarden203]

I suspect some kind of land grab is at the root of this.

[@BastiatC]

Yep. I don't think it was an accident at all

[@joshuahudson2170]

Because that one has a house on it now. I find no reason to not believe the survey error. It might be slightly more desirable but the right of redemption making it unsaleable makes it not worth the builder's bother.

[@LisaF-nu5wq]

Since they said it happens a lot, maybe they intentionally built on the wrong lot, hoping she would take the other lot. It’s her’s, take the house down.

[@doom4067]

That's obviously what they were hoping for, as they've done it on the past with success.

[@jimbeam-ru1my]

"Since they said it happens a lot" Things like this happen in construction. The problem here is the developer caused 70k in damages and the woman wants 360k paid to resolve it.

[@rambofan334]

@@jimbeam-ru1my L

[@niveknospmoht8743]

I think they did it on purpose...banking on the notion as said by the reporter ''everybody always works it out'' . Not now. I wouldn't back down either, they built where they weren't supposed to!! end of story. Personally, I'd be tempted to burn the house down

[@Lawleygagger]

Exactly what’s the old saying? It’s best to ask for forgiveness afterwards, they probably drove around to all these properties and said I like this one build here, I was also thinking about how did the building inspector know where to go? How did all the subcontractors know where to go because the builder listed it there meaning he knew it was wrong. I’d make them tear it down too.

[@jimbeam-ru1my]

"I think they did it on purpose" Only an ignorant fool would believe that.

[@TGirl503]

I find it ironic that their argument is that this has happened previously and they always worked it out by essentially trading lots. Doesn’t that just prove her case that they don’t do enough prior to building to ensure they are building on the lot that they have been hired to build on? Ridiculous on their part.

[@Calinotch06]

The developer did this on purpose, she needs to be compensated for pain and suffering and punitive damages.

[@chrisbabaero5147]

🤔 Not sure if he did it on purpose, there is zero incentive to use the wrong land❓

[@Calinotch06]

@@chrisbabaero5147 the incentive is they wanted to steal her lot

[@chrisbabaero5147]

@@Calinotch06 Ok but if there are many many lots surrounding this then why not build on one they have the rights to use? If they only wanted to steal her land then building a house that cost hundreds of thousands already represents a huge risk.. They can't do anything with the house without title of the land or permission of the owner. According to the report the developer stated this happens all the time so it's likely it's poor procedures and poor controls. The developer should dismantle the house and restore all the trees at their expense. Then they might learn.

[@michaelnoble2432]

That's utterly absurd. Of course they didn't deliberately build on the wrong land.

[@Calinotch06]

@@michaelnoble2432 I'm entitled to my opinion

[@kawikajones9436]

She doesn't have to negotiate with the developer at all. He seems to think that she should because that is how was done in the past. I'm thinking that this wasn't a mistake and that he figured that he could get a good deal on this later.

[@TheKnifed]

There are 8,000 lots yada yada yada and he still built on the wrong one

[@glbernini0]

It's happened before...MOST IMPORTANT STATEMENT IN THIS STORY...WHY NOT CHECK BEFORE CLEARING???

[@kens.3729]

What a Waste of Taxpayer Money. Stupid Builder should Pay ALL Cost including ALL Court Costs and Attorney Fees. Any Other Stupid Questions ? 🤪👎

[@PJTYLER]

Sending prayers for the land owner. I hope that she doesn't back down. She is in the right. I would be very concerned and disappointed if the court sides with the developer.

[@crinklecut3790]

If there are 8,000 supposedly identical lots, maybe the builder should have put a home on one of them, instead of on one that someone else already owns.

[@MakeItTooBigToRig]

Gee, ya think?

[@AaaaNinja]

Yeah plus out of 8,000 empty lots it kind of makes it seem like it isn't even an accident that they built on someone else's. And because most owners tend to agree on a deal points to it being a tactic to acquire land that has worked for them so far.

[@r.1599]

Doesn't matter if there are several "identical" lots that she could take in a swap: if she doesn't want to swap, she shouldn't have to.

[@jimbeam-ru1my]

she should have to swap. She has damages of 70k, the developer should have to pay 70k to make her whole, not 350k.

[@rambofan334]

@@jimbeam-ru1my L

[@davidwhitten3596]

​@@jimbeam-ru1myThe developer lost.... take the L 😂😂

[@jimbeam-ru1my]

@@davidwhitten3596 I never said the developer would win, I said the ladies motivation is to get a free house. Now the developer will be tied up in court for years and have to file bankruptcy and she gets the home she was scheming for. Try to pay better attention.

[@davidwhitten3596]

@@jimbeam-ru1my Did you even see the judges order??? Three bids to be taken for removal of all structures and the court chooses who wins the bid. The developer will be paying the removal cost along with her legal fees. Already ruled on. She doesn't get the house and did not want it.

[@ianbattles7290]

If she doesn't want to change lots, she doesn't have to change lots. It's not her fault that the builder made a huge mistake.

[@morrismonet3554]

She does not have title to the property. As per the video, since it was a tax sale, the previous owner's family can redeem the lot out from under her. So, she would be a fool not to exchange it for a lot with clear title.

[@jimbeam-ru1my]

she has no legal reason not to change lots. she's trying to strong arm the developer into giving her the home

[@rambofan334]

@@jimbeam-ru1my L

[@davidwhitten3596]

​@@jimbeam-ru1myNope... they are forced to tear it down and pay her legal fees.

[@jimbeam-ru1my]

@@davidwhitten3596 now the developer will file bankruptcy and she's one step closer to her free home.

[@cpangws]

If you listen the relator testified this happen before and others worked with the developer. So, who's not to know the developer built the house on a property that value more on location knowing they did it before for other to give up the property for some other deal. Sound like they been doing this scam years and getting away with it, but at the end of the day the developer admitted he made the mistake and should in good faith remove the house off the owner property period.

[@highlandlakecottage4276]

The audacity of the bully developer to think he can force the owner to accept another lot. She should be compensated for any damages, loss of trees etc…and incur no legal cost, at all

[@hidinginsight1879]

Ive traipsed most of HPP before they paved the main roads and so did my relative (as a surveyor placing the original corner pins). Whoever said those "8000 lots were identical" WAS LYING. There's a huge variation from one lot to the next and most of the usable lots have been taken. To have a pristine, never-dozed lot with ohia trees is a rarity. To have one of those that is potentially construction-worthy (without flooding, huge cracks or tubes, or slope irregularities) is a true gem rarity. What that contractor did WAS CRIMINAL, not just to the owner but to the landscape as well. Call in as a witness one of the original surveyors if they want the truth and facts about this ecosytemically diverse subdivision.

[@chopsjazz1]

If, as the builder says, there are 8,000 other identical lots there, why didn't he just build the wrong house on one of those? The guy's a douche and should pay for everything associated with this case, including court costs and the owner's travel expenses to and from the mainland.

[@jimbeam-ru1my]

you're a dipshit. The developer actually isn't even the one responsible for building this house on her lot. The contractor is the one that made the mistake.

[@newvintage1554]

Move home and restore flora pay her some money for your negligence be a man

[@tracyalan7201]

Depends if the structure is raised or built on a concrete slab. If its raised it might be jacked up & towed, but how would one jack up a home if posts are on a concrete slab? Plus, the slab would have to be removed. Depending if the property was graded from what it was originally.

[@newvintage1554]

@@tracyalan7201 lots of devices to lift entire home with foundation attached and it would be fairly reasonable costs to move same neighborhood.

[@stuwest3653]

@@tracyalan7201 You know nothing.

[@mimiso516]

@@stuwest3653 Actually @tracyalan7201 has a point, if the house was built on a slab the process to lift the house would mean drilling out the concrete from the side in order to support the steel I- beams that would be needed to move the house. Then after the I beams were secured, you would have to dig down beside the slab enough to get in and bore out or jackhammer the slab. I guess you could try to find the anchor points from the architect's drawing and sever them there. But that would be trusting that the builder actually anchored it where specified. The other option would be to gut the house and find the anchor points that way. You'd still have to bore out the concrete for the I -beams. Needless to say, the only real options are to hire a salvage company to recover the fixtures , siding, and anything that can be reused, then tear it down stick by stick. The other option involves heavy equipment. Cheaper to do the heavy equipment. Hope she wins and can claim damages.

[@David53D]

She can't sell the lot without a proper title and keeping the home there may induce the previous owner to redeem it so she has been damaged by the home being built and she wants only to be made as whole as possible so destroying the home and restoring the flora is the solution plus some cash for the trouble they have caused . Accepting another correctly titled lot might seem the most logical solution but she doesn't want that so they should tear down the home.

[@user-ek8zu2gv4t]

Who pays the property tax if she has no title ?

[@andrewalexander9492]

The previous owner had a year to pay the taxes and redeem the property. The property was purchased in a tax auction in 2018, their year is long past. It is theoretically possible that even now the previous owner could argue that there was some fatal flaw in the process, so the tax sale is void. But unless they can prove that the tax foreclosure was not done according to the correct legal process, their claim to the property is done. It ain't like they can walk up in 2024 and write a check for the delinquent taxes (plus interest) and take the property back 6 years after they lost it. They had a window of time to do that whcih is long closed.

[@richdiddens4059]

@@user-ek8zu2gv4t She has a title, it's just not guaranteed to be a clear title. Although the period to legally redeem the sale ended about 4 or 5 years ago. Plus, the new owner would be due about 6 years of interest at 1% per month on the purchase price and expenses. They'll probably owe her at least double what she paid.

[@mimiso516]

@@user-ek8zu2gv4t She is paying the taxes (from a previous video)

[@jimbeam-ru1my]

@@richdiddens4059 the title isn't guaranteed at the auction but that doesn't mean she didn't have the option to purchase title insurance herself and verify clean title.

[@user-iu8sn6mw1z]

I Hope the woman wins. The builders were WRONG. They built on the wrong lot. THEIR F-UP.

[@jimbeam-ru1my]

I hope she has to file bankruptcy over her legal fees.

[@rambofan334]

@@jimbeam-ru1my Seek rehab for your L take addiction.

[@arribaficationwineho32]

I hate that they scraped her lot bare. It looks AWFUL now.

[@windycityliz7711]

The really sad thing is the lot she purchased is gone, even if she wins the case.

[@pshaw8406]

It really does. The before pictures looked beautiful, now it looks like a barren landscape with generic seed grass.

[@arribaficationwineho32]

@@pshaw8406 and trash trees. That builder owes more than just removing the house. The judge is getting pressure from developer

[@daskritterhaus5491]

no friggin SURVEY ??????

[@tommyl5319]

Buddy of mine actually had his house surveyed in his neighborhood in North Texas, and they discovered an entire street or two of decades-old homes had been built on lots that were some 6-7 feet off of the actual lots, so the size was good, but it was all offset. I don't think anything came of it, though

[@jimbeam-ru1my]

common practice in residential tracts. the plat maps give the locations of lots, the contractor just made an error.

[@amechealle5918]

This is wrong in EVERY POSSIBLE WAY. They trespassed and build on her land period. Stop bullying her and knock the house down and restore the land. You builders may thing you hold all the cards but Satan has bought your soul, the consequences will be eternal.

[@jimbeam-ru1my]

why should the developer spend 350k when they caused her 70k in damages?

[@rambofan334]

@@jimbeam-ru1my Seek rehab for your L take addiction.

[@leeelliott4240]

An experienced structure moving crew can move that house and keep it in tact, slight modifications after moving and setting up on new footings/foundation but it is possible to move that house and the cost would be a fraction of building it.

[@azgardenlover370]

I have done that. Once the repairs were done, you couldn't even tell were they put the beams through the house.

[@jimbeam-ru1my]

you can't move a home on a concrete slab

[@rayray8687]

I’ve been in the construction business for decades and I’m still trying to figure out how you can go through the long process of permits, inspections, installing services, pouring foundation and building an entire house without anyone noticing you’re on the wrong property. Anyway, it looks like a pretty basic house so I guess someone’s going to eat the cost…probably the subcontractors and trades who’ll each get ripped off for their final payment, as usual with dodgy builders.

[@happycamper1372]

Or even moving the house, they do that in Indiana all the time.

[@davidmorley7778]

@@happycamper1372can’t move a house like this, it’s built on a concrete slab.

[@Langhorstiness]

@@davidmorley7778 You have never moved a house - I have. First, pour an identical slab on the correct lot next door with all of the necessary pre-servicing. Unbolt the sill plate from the slab, jack it up, get it on I-beams, slide it off the slab, move it onto a new slab on the correct lot next door. Drill new anchor bolts through the sill plates and bolt it down into the new slab. Then demo the old slab and remove all construction from the incorrect lot and rehab back to pre-construction condition as best as possible. There will probably be a penalty for damages too but whether the home gets moved or demolished should be up to the builder, not the homeowner. Those are the builders materials, not hers.

[@luthen4464]

@@Langhorstinessthis is the first common sense reply I’ve seen on this post. Everyone just says “tear it down”. Like, why? It can be moved. Just move it and let the lady have her land back. They are probably spending more on this court case than that would take!

[@Langhorstiness]

@@luthen4464 Thanks - 99% of KZbin comments is just a bunch of angry, uninformed people but every now and again, something rational sneaks through! Have a great day.

[@darknagaadventures7884]

The remedy here is to clear the house off the lot, restore it as much as humanly possible, compensate her for the reduced value, and her lose of use of the land for these years, then move TF on.

[@onebridge7231]

Those other 8000 lots are not hers. You can’t ignore people’s legal land rights. You don’t get off by saying what’s the big deal.

[@lindapindabelinda3570]

Not understanding why this is even an issue. The builder should’ve said oops, sorry, and removed all trace of it as soon as they realize they had made the mistake.

[@jimbeam-ru1my]

that just goes to show that you have no understanding of the concept of money. "Oopsie, I accidentally ruined your 70k lot. My Bad, here, let me just write you a check for 350k!"

[@HarposHippieHollow]

It's her property and she's not responsible for the negligence of others.

[@chazman4461]

This should not involve a hearing. The contractor stole the land and built the house. There is no negotiation for this. The contractor should be in jail and the lot should be being restored already. The jurisdiction that allowed this and inspectors who inspected it all need to be canned.

[@IDK_Mr.M]

They should have to replace all the vegetation the removed if they take the house down

[@S.V.TeFiti]

developer just went bankrupt...

[@mimiso516]

really?

[@overtoke]

they tried to charge her for the house instead of just bite the bullet. now they get to restore the property which is much more costly.

[@patricksanders858]

There is insurance that will pay for the house to be removed, the consruction company could not do business without it. The Developer wants the land, so hes trying to take it by fait acompli.

[@veganpotterthevegan]

Insurance doesn't typically cover gross negligence

[@oweya342]

How about moving the house from her property and return the to a previous state as per the land owner. Homes are moved all around the world almost daily, the property developers still have a newish home ready-made and after cleaning up the land and returning it as per the land owner found it. I know at this point the land will never be the same to the land owner but it's the closest to making it right without finding another property that the owner would be okay with

[@MasterYoist]

The property owner should get to choose since it's on her property and the builders would have to trespass again to demolish the house.

[@vancejw25]

She pays the taxes on the property, she needs to start paying insurance on the house and she needs to post the property no trespassing. Every community has different laws but if an object is left after so many days, the property owner gains possession of such item. I would definitely fight for that house and property and the parties involved made a costly mistake.

[@user-mc8se6uj2t]

Legally the Developer broke Laws by Trespassing and building a house on a Lot They don't own. The Developer should remove the house and replace the landscaping that was destroyed when the house was built on a Lot They don't own.

[@joshuahudson2170]

Whey should she pay insurance for a house she wants torn down?

[@KrazyKajun602]

It should be interesting what the court says, since she did not get a clear title. Yes the contractor had no legal right to build on the lot.

[@user-mc8se6uj2t]

The Developer lost the Court Case proving the Developer had No Legal Right to build a house on a Lot the Developer didn't own. The Developer has filed for Bankruptcy.

[@robertlaird6746]

If I were her, I'd sell the property with the home on it and make a huge profit. It's a free home for her.

[@MakeItTooBigToRig]

Why is a motion filed in the first place? If I found that on my property I wouldn’t say a word to anyone, at all. Zero complaints from me. I would just rent a dozer and remove it. The end.

[@michaelccopelandsr7120]

When you fear integrity and accountability, you are NOT the good guys.

[@jamescole3152]

If the owner of the land don't want the house it is really not that hard. Tear it down. But it is complicated that the land can be redeemed by the previous owner.

[@aznesthirteen8168]

Wheres the common sense? I wouldnt even need a lawyer if i was her

[@jimwile9313]

Too bad for the developer. Jerk didn't check and didn't care. The person he built it for was the one who wanted that lot and none other.

[@davestir5743]

Not sure how this is even in court. She did nothing wrong and the developers are banking on her just taking another lot, which they have said they have done in the past...so this is a thing they do on purpose, this time the gamble didn't work in their favor. They screwed up being haphazard and thinking if they make a mistake it doesn't cost them anything; however, the person with the land may be connected to the land and want that spot. Doesn't matter if others are willing to trade. It comes down to the owner and if she does. IF she doesn't we as a society shouldn't force her to give it up because it may cost someone else money. Maybe that company shouldn't have not done the right thing with figuring out the land they have a right to build on and the one they don't, how much is it costing in attorney fee's, etc. I hope she wins this case, it will set precedence on the construction company to actually do their job and not do what they have done this time and in the past. I do not understand the point of making her give up something over something wrong that they did....that only enforces their bad behavior.

[@ThumbdownMan]

Give back her land, and give her that house too.

[@markissboi3583]

If you make something for a C/O and you get it WONG guess what happens they return it till its built right or go somewhere else Period The end .

[@TravisDoesKayakFishing]

Tear it down or it's her's. They are going to take her land though.

[@hwica2753]

If she bought it with no clear title, then it's not 100% hers yet. The lot was bought for $20,000 at a tax auction and apparently, the former owner (or estate of the former owner) could always appear sometime in the future and lay claim to the property sold at auction. In Hawaii, the state law protects the previous owner's rights.

[@Johnny-ge7yb]

Should not even be in court. She owns, get the house off. She should not have to go through this.

[@waltc614]

Move the house before said "date" or forfeit to the land owner. Simple. This is fishy and should be investigated. The developer obviously chose this lot and had a plan to take it. When will the islands be free of corrupt business-folks acting without consequence? Take Take Take. This was a scheme not a mistake.

[@joshuahudson2170]

How much to replace the trees?

[@waltc614]

@@joshuahudson2170 the destruction of pristine habitat is wrongfully considered progress in the western world. The real question is, how many native burial sites have been bulldozed for this development?

[@AbNomal621]

I think the house should be torn down and the woman awarded all attorney fees. The realtor’s statements should be dismissed. It really doesn’t matter if “I” think two lots are the same. The lady bought THAT lot and wants THAT lot. Personally, I think the wise thing would be to take a substitute lot that can get title insurance. But… she has every right to choose her path.

[@bpo4736]

Why would she want that house? Now the property tax went up due to that wrongful construction. Sheesh.

[@patriciadaw1210]

If this were my property I would just say thanks for building me a new home and move in.

[@wulfeman9948]

all improvements built on a property become the property of the land OWNER

[@jimbeam-ru1my]

you need to google the legal concept of "unjust enrichment" our law says that if someone gives you something of value by accident then you still owe them the value of that thing.

[@wulfeman9948]

@@jimbeam-ru1my the builder willing built on others property . he was not cheated and what is unjust is them trying to take the land

[@jimbeam-ru1my]

@@wulfeman9948 what's unjust is this chick trying to score a free home by making a false and laughable claim about the stars aligning with the property

[@wulfeman9948]

@@jimbeam-ru1my its her property ..she didnt ask for that house

[@jimbeam-ru1my]

@@wulfeman9948 so what? She had an offer to fully cover her losses and she turned it down and the reason she did is because she wants that house and she wants it for free.

[@isldgrl2008]

These bully tactics is exactly how greedy builders will start stealing peoples property. Their error, why should she move.

[@randallparr680]

A survey is not necessary. The survey was performed when the lots were described. What the developer needed was someone who knows how to read a plat map. It is a matter of matching up the corner markers with the markers described on the map. The developer miscounted lots from a road intersection or perhaps thought he was building on the lot that is actually across the road and he was holding the map upside down. Dunce.

[@user-mc8se6uj2t]

The Developer has filed for Bankruptcy .

[@ridingwilding760]

It doesn’t matter. It’s her land.

[@user-eh5cr4or6k]

Of course the developer is spiteful enough that he would rather see the house torn down, rather than her to end up with it without having to pay them what they want for it. wake up America

[@CarlaRFowler]

So wasteful but they tried TO STEAL HER LAND

[@uptonogood1893]

If they refuse to remove that wrongly built home, this will set the precedent that allows someone to steal someone's land by building on it illegally. "I've built here already, she can have this other lot she didn't want. Seems fair."

[@jerryfacts9749]

It is very weird a builder would build a home on a piece of land without an official and approved land survey. Then contacting the land owner directly and consulting with them about a home to be built on their land!

[@user-xz5ww8wb8y]

So a developer can build a house anywhere, and sue the owners of the land? Really?

[@jimsmith556]

This is disgusting. The judge needs to grow some and throw the developer's attempt to sue out of court and find in favor of the landowner for her suit. What a waste of time and money. Where's the common sense?

[@arodyanksfan]

Take it down. She wants it down. End of story

[@davidcaudill7779]

torn down no matter what she is the legal property owner

[@Kozent15]

I don't understand how it's a issue remove the home, what's to work out? Corners were cut, people needs to be held accountable. I don't think she should be bullied into this by a wealthy developer.

[@petebusch9069]

Sounds like a free house to me.

[@JustSayN2O]

Hard to believe that the developer would put up a fight. The state and county should both cancel the developer's business license.

[@stephenmoncrieff2056]

The lady has every right to tell them to remove the house . The developer was stupid to not get a surveyor and made the mistake . He has no right to tell this lady her lot is identical to others . She picked out this specific lot and regardless what the developer thinks , he can't force her to do anything she doesn't want to .

[@jennb5884]

There is no reason why she should have to take another lot.... Its her's and as far as the tax auction goes evidently this has been going on for years so why would this be any different so that means all the other options would have the same deal you couldn't buy a piece of property to build on because the previous owners could come back the way it is normally they have exactly one year if you don't pay your taxes in one year you no longer have the option to come back to get your property

[@powerbuff76]

Move it! They can move it! Plenty of companies will do it. Outrageous.

[@JCcreates927]

Give the woman her property back!

[@okiejohn3925]

Doesn't matter HOW many "identical lots" there are, THEY screwed up.

[@carolwhite6979]

Why? ?why doesn't the company just lifo it and move it to the right lot on a new foundation?

[@Department_of_Justice]

Name the developer. They need to pay for ALL of the owner's expenses. Plus hardship & suffering.

[@martelvonc]

She is under no obligation to bend to the developer's will. It sounds as if the lot IS in fact special if the developer is trying so hard to gaslight her into trading lots.

[@artistjoh]

This developer is being a bully. He is either incompetent, or feigning ignorance to cover a ploy to acquire a block he wants. The developer needs to be forced to: (1) demolish the house (2) plant mature trees on the property and maintain them until they are established (3) pay all of the owners legal costs (4) Pay a monetary compensation amount sufficient to cause him to want to survey every build in future and not do this again..

[@markh3279]

The value is with the owner and nobody else. Leave her alone you’ve already done irreparable damage to the land

[@GrandmaRetiredHappy]

Why don’t they move the house off the lot and return the lot to its original comdition.

[@crazycatdragon]

If the lot is hers then why not just tear down the house? I get suing for damages to the property but if it was me and I didn’t want anything built on my property and someone else built something on my property, I would just hire a bulldozer and take it down

[@conrad4667]

I don’t know why this is even an issue. Whoever built it must remove it and return her property back to its original condition.

[@chriscordray8572]

Pay her. Remove the house. Restore the land

[@shanebethune9032]

Tear it down? They should be able to keep it for free