Why is this even going to court? The developer did the wrong thing, not her. She shouldn't be forced to take an adjacent lot. It's her lot, end of story.

@ThumbdownMan

2 ай бұрын

The developer is squatting on her land.

@RaccCity55

2 ай бұрын

The richer people get preferential treatment in this pos country. Lol, shame if it burned down.

@Rhaspun

2 ай бұрын

The builder should just pay for a house mover.

@jonathanthink5830

2 ай бұрын

developer should be sued for land poaching.

@mrw4165

2 ай бұрын

No lot is identical.

How a judge wouldn't dismiss this case before even a single word of an argument is made is crazy. The case shouldn't even have made it to trial!

@anonymous-zn2iv

2 ай бұрын

Seriously this is common sense. It seems like their really is a two tiered justice system in favor of the rich.

@tukmol1589

2 ай бұрын

The judge is a democrat

@jamesborck5908

2 ай бұрын

The owner of the lot benefits more by it going to court the people suing will be made to restore the lot to its original condition which is why at the end of the video they said it’s going into expensive territory she probably had a few trees they could cost $50000 per tree

@Necrotic99

2 ай бұрын

Big business have more rights than the peasants

@kens.3729

2 ай бұрын

@@anonymous-zn2ivCommon Sense is Not Too Common any longer.

“We’ve tried to come to a reasonable conclusion"? Let me translate corporate speak for everyone……”we think she should be forced to do what best suits our company.”

@theashpilez

2 ай бұрын

Sieg

@adamsilberman9377

17 күн бұрын

You think she deserves a free house? Thats a reasonable solution?😊

@steventodd8366

6 күн бұрын

@@adamsilberman9377 She deserves a free house and $$$'S for the intentional infliction of pain and suffering after the house was built and it's my bet she will get it.

The judge in this case should be audited if the developer wins.

WRONG IS WRONG,SHE WANTS THE LOT SHE PURCHASED,PERIOD!

@Anon-tm3uh

2 ай бұрын

This... It doesn't matter even if it seems identical. You can't force someone for an exchange because of your mistake.

@stuwest3653

2 ай бұрын

It doesn't work that way, obviously. Or at least it should be.

@magician2020

2 ай бұрын

@@stuwest3653 I guess that will be determined by a civil court of law. However, I really can't see a single legal precedent that the contractor would have to support their claim to the land. I know that Hawaii can have some very unique ways of viewing the law, but this would be a stretch for them too.

@stuwest3653

2 ай бұрын

@@magician2020 You can't see because you never looked

@magician2020

2 ай бұрын

@@stuwest3653 Interesting you should say this, because Google doesn't support your position. Do you have a specific reference to cite to support the builder being able to take the injured parties land due to their mistake?

I hope that she is successful in SUING the SNOT out of everyone responsible. As a 16 year surveyor who worked for a civil engineer, I can tell you that these things Don’t happen by accident. They tried to steal her land.

@brokendad2222

2 ай бұрын

Something shady for sure, I have been in a land surveying for almost 30yrs and you are right this just doesn't happen.

@bobconnor1210

2 ай бұрын

@@brokendad2222 SURELY the permitting, approval and inspection processes there are even more onerous than California’s.

@ocdholic

2 ай бұрын

I've seen the initial news report of this story before and if I recall correctly, the developer did not even bother to do a survey plan to cut corners.

@williamliang510

2 ай бұрын

Plus the developer’s name on blast

@SmallSpoonBrigade

2 ай бұрын

From what I understand, they didn't use a surveyor, they just counted the lots and say they miscounted. Which is absolutely insane. I remember being on jury duty many years ago and at that time, the technology was down to a matter of like 1/16th of an inch for a surprisingly long distance based on the gear available. It was like that in large part so that if there were any future questions about property lines, they could say with near certainly where the exactly line is and base that on some incredibly precise measurements. They didn't even bother to hire a surveyor for what was probably a one day job.

The developer wanted that lot. This was NO mistake.

@jimbeam-ru1my

Ай бұрын

nonsense. it's identical to dozens of lots surrounding her home. the developer wasn't the one that made the mistake and built there, that was the contractor.

@Luckyrider1958

24 күн бұрын

@@jimbeam-ru1my Uh really? WHO TOLD the contractor "we want a house built right here"???? Builders/Contractors do NOT just drive up to an unknown parcel, and start construction. Further, WHO APPROVED a BUILDING PERMIT for that parcel??

@jimbeam-ru1my

23 күн бұрын

@@Luckyrider1958 from your questions it's obvious you don't understand construction. the developer gave the contractor with a plat map showing the lot location, the contractor measured wrong and wound up on the lot next to the right lot. it happens The inspector just asks the contractor if he's at the right place when he gets there and he takes his word for it. There is no formal legal process that takes place to make sure it's the right lot at any point in construction until the home is sold and it goes into escrow.

@Luckyrider1958

23 күн бұрын

@@jimbeam-ru1my Retired Union Carpenter on this end.. WTF did YOU do for a living??

@jimbeam-ru1my

23 күн бұрын

@@Luckyrider1958 build houses

This happened to my Grandpa. A Mall was built on his lot. He had a 2 acre lot. The Mall Builder / Owners said they would give him "Fair Market Value". My Grandpa said "No thanks. I'm your new partner." They ended up paying him 7 times what the land was worth. It was still a deal. I wish this woman all the luck in the world.

This is ridiculous! The ones who made the error are responsible for fixing it! They made an error which is the same as WRONG!!!

@Ozvideo1959

2 ай бұрын

Exactly, this shouldn't be taking the courts time. I hope the judge finds in her favor, and orders the house to be demolished and all debris removed.

@user-wd4uf2sm5d

2 ай бұрын

Nowadays even squatters have more rights than owners.

@simonwinwood

2 ай бұрын

@@user-wd4uf2sm5d i really heard that bro

@JimsEquipmentShed

2 ай бұрын

@@user-wd4uf2sm5d So here's a thought, she should just move in, and squat in the house thats on her own property...... Love to see them try to evict her from her own property.....

@nwestark

2 ай бұрын

However, common sense should prevail. Not absolute stupidity.

This is so stupid. The developer is fully at fault and should take total responsibility. It's hard to believe they are trying to do anything other than apologize in embarrassment.

@user-wd4uf2sm5d

2 ай бұрын

It’s an upside down world.

@bride4jesus0126

2 ай бұрын

A lawsuit is NOT an apology

@jcougar55

2 ай бұрын

@@user-wd4uf2sm5d HI been upside-down and backwards for years!!!!! Do not be surprised by the judges decision if it goes against the homeowner. The developer attorneys will convince the judge that they offered her in the Aloha Spirit the parcel next door and the judge gonna agree that aloha spirit in this case wind - lol!!! HI is backwards gang!!!

@Rhaspun

2 ай бұрын

This is the times of where people will push back when they're wrong. We see it with former and current politicians. Now business owners don't accept any responsibilities for anything. She should sue for distress caused by this builder.

@anonymous-zn2iv

2 ай бұрын

@@Rhaspun True. This is the result of Trumpism. He has given people the belief they can get away with anything.

For this to go to court is absolutely ridiculous. She needs to countersue to for putting something there she didn't want. Have them tear it down and sue for emotional damage for this whole fiasco.

@Leo-uy4qv

2 ай бұрын

Emotional daaamage .... 😁

@doom4067

Ай бұрын

The judge might be trying to establish precedent against developers. This probably isn't the first time a developer has done this, but maybe the first time their victim didn't roll over.

Compromise? This isn't the landowner's problem. It isn't her responsibility to compromise. It's the developer's problem. They need to repair and fix to the owner's specifications, ie, restore what they damaged.

She doesn’t need to explain why she wanted her lot. It’s her property don’t touch it! Case closed!

@SmallSpoonBrigade

Ай бұрын

Yep, it's unclear why the judge didn't just rule in her favor via a summary judgment as there's no controversy over the fact that the developer isn't allowed to build on property they lack authorization to build on and nobody seems to be disagreeing about that detail.

@friendlypiranha774

Ай бұрын

@@SmallSpoonBrigade - wrong judge. Take it to Judge Judy and she'll slap the snot out of them 😂😂😂

@jimbeam-ru1my

Ай бұрын

"She doesn’t need to explain why she wanted her lot. " Yes she does. If someone hands you a suitcase with a million dollars in it and signs something giving you ownership but later realizes that it was the wrong suitcase and he thought he was giving you your luggage, he can sue you for unjust enrichment to get the million bucks back. That's the legal principle at play here- the developer is saying she is benefitting from unjust enrichment and accepting an identical lot next door would fully correct her losses.

@Luckyrider1958

24 күн бұрын

@@SmallSpoonBrigade lib judge.. lib state.. Common sense is foreign there.

@Luckyrider1958

24 күн бұрын

@@jimbeam-ru1my hey commie.. in AMERICA, we do not have to explain to the GOV, why we buy a car, land, etc.. we just do it.

We will soon find out if the judge is corrupt or not?

@mrpawpaw7023

2 ай бұрын

Apparently. We already know the answer to this question.

@philiplubduck6107

2 ай бұрын

It could also be “undue benefit” or something along that line when you purposely benefit knowingly. Like say you wake up and see people putting a patio in your backyard and doing work. You say awesome free patio and hide in bed. They knock on the door at late afternoon for payment and you say no. You have to stop the work the second you know and it can be put back or finished at a discount. This lady expects to get richer and owns a $500,000 lot of land plus a home so far away with another lot of land. You can hear the BS when she talks about it aligning with her birth charts.

@justhere4721

2 ай бұрын

​@@philiplubduck6107What are you talking about? She's not trying to keep the house. She wants it removed. She also doesn't have to pay for their mistake.

@LunaLapin-ho5tk

2 ай бұрын

@@philiplubduck6107 She wants that shoddy home removed from HER property because she didn't give them permission. She needs to be made whole which means remove the freaking house, restore the lot as closely as possible to the way it was before they bulldozed her property and pay all costs and pay her punitive damages. She doesn't want the home and the property is hers whether you like it or not.

@zacharyspencer8321

2 ай бұрын

@@philiplubduck6107 THAT is NOT how it went down. She only found out about it when a realtor actually "sold" her house, then contacted her because the sale wouldn't go through because the company "selling" the house and lot didn't actually own it - this lady did. The developer, however, had previously attempted to buy her lot from her, but did not disclose that it was because they'd put a house on her lot. She didn't want this lot to put a 3 bedroom house on it - she had other plans. The developer is being slimy about this. Put yourself in HER position. What if you went on vacation and returned to find that someone had converted your garage into a rumpus room, then sued you for not moving into the house next door?

Stupid lawsuit. The contractor is wrong period. The owner should not be put through this BS.

Give her attorney fees, require house removal and an amount for her inconvenience and stress.

@LunaLapin-ho5tk

2 ай бұрын

Don't forget they need to return the property to the condition it was before they bulldozed it.

She should counter sue the other parties , PERIOD !!!!

@user-zf3xb3qx8w

2 ай бұрын

Is that your answer to EVERYTHING?? All that does is make lawyers rich, more work, and no guarantee you'll solve any problem. Simplistic, and very "after the fact".

@stuwest3653

2 ай бұрын

She sued them first.

@DW-op7ly

2 ай бұрын

You get taken to court you can counter sue in the same case

@brentfarvors192

2 ай бұрын

In every case? No. In her case? %100!!!

@davidmorley7778

2 ай бұрын

She did file a counter claim.

So here's what should happen, the developer removes the house, and restores the lot to its original condition, prior to any works taking place. The developer must pay all the landowners legal fees, must compensate the land owner for any time lost at work, and should pay $1 million dollars punitive for not complying with her rightful demands, and as a deterent for future. The Judge must be disbarred for failure to use basic commmonsense and dismiss such a frivolous lawsuit.

@yolandahebert2350

2 ай бұрын

👏❤️👊

@noneyabizness7288

2 ай бұрын

What I see is a trial run for the rich and powerful to start 'accidentally" building on any lot they want to steal and forcing the owner to take an unwanted plot.

@user-ei4oj4eu2i

2 ай бұрын

The judge has to hear the case brought…whether they think it’s a load of bull or not… I’m sure there’s legal presidents from both sides being used…. Here in Spain the police tell you to shoot people on your land, but move the bodies to a different county so they “don’t get the paperwork”, but if you feel guilty, tell them you were walking your dog & found a body. Totally word for word as they don’t investigate non Spanish murders unless the consulate contacts them

@markhill9275

2 ай бұрын

@@noneyabizness7288 You vill own nothing, you vill be happy!

@noneyabizness7288

2 ай бұрын

@@markhill9275 No one could have cast a better world villain.

This is beyond ludicrous. The judge should have taken about 10 minutes to rule in her favor, fine the developer and order the removal of the home.

@joshuahudson2170

Ай бұрын

The report that I have had is that order would result in a bankrupt developer. Unfortunately the situation has been allowed to deteriorate and the house is now worthless. It still must be torn down. The landowner wants the trees restored. If the developer is permitted to develop additional lots (my understanding is the developer doesn't own them) enough money might appear to actually do the demolition and put the trees back, but that will take a long time.

@skygazer858

23 күн бұрын

@@joshuahudson2170 Is the developer not licensed, bonded and insured?

@joshuahudson2170

23 күн бұрын

@@skygazer858 Licensed: verified. Bonded: unknown, but I'd be surprised if the bond can cover both the restoration and the rebuilding the house where it belongs. Insured: I have *never* seen a wrong lot case get handled by builder's insurance and I've looked at a lot of them. There's the appearance of this is excluded from insurance as a standard term on builders insurance.

2 words: DUE DILIGENCE!!! The developer is at fault and bears ALL responsibility for the mistake.

The Developers knew what he was doing and built the house there because it was just a better lot then the other lots and figure out, he could force the owner to trade for a less desirable lot. What a scam!

@Ryarios

2 ай бұрын

That would be my first guess too. I wouldn’t be surprised if he didn’t sell the lot twice.

@jodyleopold520

2 ай бұрын

I Sooo suspect you are right.....

@user-zf3xb3qx8w

2 ай бұрын

@@Ryarios a poster that LIVES THERE pointed out some of the lots are actually UNBUILDABLE, flood, bad micro climate, whereas THIS LOT is a premium quality location inotherwords, it's surprising but land can vary extremely just on the same slope. that can result in tens of thousands of dollars in differences.

@SmallSpoonBrigade

2 ай бұрын

Possibly, although it's more likely due to incompetence. We'll have to see how things turn out, but the developer shouldn't win this as they had precisely no right to build on that land.

@rick419

2 ай бұрын

I doubt a developer would pour all that money into building a house on the wrong lot on the hope they can win in court. More likely a mistake.

It's very simple, they should restore her lot to the condition it was in before they unlawfully occupied it and built on it. That means demolish the building and plant mature trees on the site to restore it to the condition it was in. That's why they went to court, they want to avoid the cost of rectifying their negligent error.

@Rhaspun

2 ай бұрын

They can use a house mover. Since it's on the lot nearby it's not much of a distance.

@heemlo649

2 ай бұрын

Are you that delusional that you think this woman actually wants a free house removed from her property and replaced with brush?

@sarahnoda

2 ай бұрын

That's exactly what she asked for when the error came to her attention. She just wants her lot in it's original condition. This is completely reasonable. Besides the developers should have insurance to cover their errors. In no way should this woman have to be drug through the court system and incur the stress and attorneys fees.

It does not matter why she bought that lot. All that matters is someone else built a house she does not want or asked to be built on that lot. Developer needs to remove the house and restore the lot to what it looked like before.

She should press criminal charges of trespass and destruction of private property. A developers mistake isn't her problem.

They are suing her for their mistake? Is this for real? She should charge them for rent for using her property or the developer should offer to just give her the house. If not they need to remove the house off her lot.

@solandri69

2 ай бұрын

The landowner lives in California. The developer was probably gambling that she'd miss the court date or wouldn't want to pay for a trip to Hawaii to appear in court, and they would win their lawsuit by default.

@SmallSpoonBrigade

2 ай бұрын

@@solandri69 Quite possibly, I don't know if there's any ability to claim that expense as part of her expenses if she wins this frivolous suit.

@Ihatezidiotz

2 ай бұрын

Thought I heard that one reason she picked the lot were the trees.. which are now forever gone. so even if she wins, she still looses. :(

@georgesheffield1580

2 ай бұрын

Good idea ,high priced rent and become the sole HOA executive and charge them for everything

@jimdoe3288

2 ай бұрын

Yes it's real like men giving birth

Im on her side totally

I would think destroying the plants and trees would be a major issue in and of itself.

You just built this lady a FREE HOUSE!!!!! SUCKS TO BE YOU👏👍😎🇨🇦

Failure to perform due diligence is not a "mistake". And it doesn't matter if the lots are identical at the atomic level, it' wasn't theirs to build on and she doesn't have to agree to a swap.

Not only is this absurd, but also frightening since the outcome of this suit can set a precedent.

@thesecretplace5635

2 ай бұрын

as it should, all titles are null and void subject to hawaiian kingdom and by laws of commerce

@LonnieBrewer-dd4wi

2 ай бұрын

Yes it will..

@wicken8895

2 ай бұрын

Good point.

@er-ha

2 ай бұрын

Exactly. Even if it was a genuine mistake, if you set the precedent that it was okay and the landowner can be built off of their own property, there will be many more cases coming in hot that are not mistakes at all.

"We've made a reasonable attempt to find a comparable lot"...so? WTH does that matter?!?!?!?

This is simple. They built a home on property they don't own. They are responsible for making things whole. Not her.

A new way to take her property.

@philoctetes_wordsworth

2 ай бұрын

White Imperialism.

@KiwiCatherineJemma

2 ай бұрын

Would people STOP SAYING the developer ACCIDENTALLY built on her lot. Prior to the house being built, the developer had tried to buy the lot from her, and she refused. it was DELIBERATE. I reckon that he thought if he just builds the house anyway, some easy judge is going to be nice to him and forcibly remove her from ownership of that land, and force her to accept whatever settlement the developer wants. THIS WAS DELIBERATE ! Plus we have deliberate theft and vandalism of 100-year-old trees from her land. Trees that she especially wanted to be there, for her particular use of the land. Triple damages wouldn't even come close to what this woman deserves.

@happycamper1372

2 ай бұрын

@@KiwiCatherineJemma Like I said, a way to take her property. It hard to believe someone could be that stupid to not know where the house was suppose to be built. You have to call out locates before you dig.

It's her land. Rent a Bulldozer. Clear the lot. Deposit the rubble on the proper lot. Send Developer the Bill.

@GrandmaRetiredHappy

2 ай бұрын

Never never. Have to be patient and refrain from revenge.

@drichardcarr8095

2 ай бұрын

❤ 💯

@GrandmaRetiredHappy

Ай бұрын

@@PrismaticCrafter ㅈWhy not have them pay to move the house off her land and restore it to its original state.

@GrandmaRetiredHappy

Ай бұрын

@@PrismaticCrafter I agree, but one has to be very careful as they could turn things around as if they were victimized and you the villain.

@jimbeam-ru1my

Ай бұрын

you're missing the whole point. She wants the home and the developer doesn't want to pay to have the home demolished and land returned to original state.

Mr. Developer, Mahalo for my new house. Have a nice day.

How could it possibly be her fault that some construction company built a house on her lot by mistake???

@ralphm6901

2 ай бұрын

Scratch that "by mistake". Someone else here commented that they previously tried to buy the lot from her and she refused.

For this to even go to court shows just how crooked our injustice system is, absolutely ridiculous!

@bwenluck9812

2 ай бұрын

Well, it *has* to go to court to get a resolution. Just because the developer is suing the landowner it doesn't mean he will automatically win!

@tcoradeschi

Ай бұрын

It’s called Due Process for a reason.

How dare they force another lot on her! They're trying to avoid addtional expenses to remove the house. They admitted fault, fix it on your expense. I hope they're insurance gets non-renewed, and I hope she counter sues.

@staciespur8293

2 ай бұрын

*their

@markhill9275

2 ай бұрын

​@staciespur8293 and i'll bet you cannot spell tyre correctly! A Sepo attempting to educate someone on correct English is certainly a joke!

@surfit.

2 ай бұрын

@@staciespur8293 Pedantic? But thank you.

The developer needs to remove the building and return her land back to it's original state. The developer also needs to compensate her for the uses of HER land and any legal fees that she has incurred from the developers MISTAKE.

If judge allows developer to win, this will set a dangerous precedent for future property owners. Developers will build houses on lots on purpose and just take it to court knowing they can steal that land from them.

She needs to counter-sue and claim compensation for all the grief and stress that they have caused her, on a jury trial. She stands to get a lot of money because the developers have acted in a bad way.

@stuwest3653

2 ай бұрын

She sued first. Pay attention.

@a-alex-p7033

Ай бұрын

@@stuwest3653she didn’t. They sued her after she declined to buy the house

she should sue them for destroying her forrest/plants

This really should be simple. The owner owns the land. She wishes to retain it. She has that right. The developer has no right to that land. He had no right to build on it. He is in the wrong. He needs to be forced to return that land to the point before development. That should be the ruling. He should not have had the standing to sue. Only she has any standing to sue. The developers case should be dismissed without cause. She then needs to sue for reinstatement of the land accordingly, plus the costs in this case and her one. She should easily win. It’s not up for debate or negotiation.

This actually happens more than you think. Someone puts down the wrong lot number or transpose a number. I hope she doesn't lose her property

Imagine if these developers won and it set a precedent for other developers to think they can take whatever plot of land they wanted by building on it when the owner isn't looking and then suing to force the owner to accept a different plot of land.

@jcougar55

2 ай бұрын

this is the most corrupt state so don't put it past the judge to rule in favor of the developer. He'll rule "in the Spirit of Aloha..."

@pickelsvx

2 ай бұрын

Which tells me this was 100% intentional. They planned for it to go down exactly like this.

Seems to me this is pretty cut and dry. We'll have to see if the judge is bought off on this one.

Sue , demolition of unlawful house, trespassing and restitution of trees and legal fees and taxes

Built on wrong lot? Move it. Property rights.

This doesn't pass the smell test. How is all I got. HER property, PERIOD! They screwed up. Someone better be checking the Judge's financials to even contemplate this Lawsuit.

@KiwiCatherineJemma

2 ай бұрын

Would people STOP SAYING the developer ACCIDENTALLY built on her lot. Prior to the house being built, the developer had tried to buy the lot from her, and she refused. it was DELIBERATE. I reckon that he thought if he just builds the house anyway, some easy judge is going to be nice to him and forcibly remove her from ownership of that land, and force her to accept whatever settlement the developer wants. THIS WAS DELIBERATE ! Plus we have deliberate theft and vandalism of 100-year-old trees from her land. Trees that she especially wanted to be there, for her particular use of the land. Triple damages wouldn't even come close to what this woman deserves.

How did the developer get a building permit and how did they put in utilities without authorization from the land owner? What county clerk missed that this is the wrong land owner?

@Jessica-xx7nt

2 ай бұрын

There has to be more to it than we are being told.

@eileenmcdonald1599

2 ай бұрын

Kind of makes you wonder how much the landowner was not paying to the property for all of this to happen without her knowledge

@thewebdiva5903

2 ай бұрын

@@eileenmcdonald1599 Was not paying to the property? What does this mean?

@Bill-im6nt

2 ай бұрын

@@eileenmcdonald1599 So??

@callak_9974

2 ай бұрын

The developer didn't get a survey done to make sure they were building in the correct lot, or so they said.

Next days news headline “House built on wrong lot mysteriously burns to the ground overnight.”

The judge needs to be held accountable for permitting this law suit to go ahead! Obviously being "Paid-off" by the developer!

This case will set a precedent for any similar cases in the future. Imagine if developers just start building houses wherever they want, and then say, oh, it was a mistake!

@isay207

2 ай бұрын

Start of a nightmare you could just take anyone's land

developer builds house on wrong lot ( she got a huge TAX increase) and the developer sues her .....this is what our country has come to ...unbelievable

I do not understand the US legal system. Why is this going to court?

@joshuahudson2170

Ай бұрын

Because there's a house owned by the developer on land owned by someone else. The developer started the lawsuit because they really don't have a choice. Even a loss is better than leaving it hanging.

This should never made it this far, I hope she ends up suing the builder for court costs and the aggravation it caused her.

They're attempting to avoid paying for their mistake.

@christiangibbs8534

2 ай бұрын

A mistake is delivering a package to the wrong address. Getting the permits, getting building plans, hiring a construction company and building a house on the wrong lot is not a 'mistake." They want that lot, and when she wouldn't just roll over and trade it for the lot next door, they had to take her to court and sue her into bankruptcy.

To sue land owner for builders mistake, pretty sure building ordinance requires a survey. Dear builder take your loss and move on

The developer is 100% at fault. The lot owner should win the case and sue the developer.

The court should immediately rule that the developers must remove the house and return the land to its approximate original state. They should also pay damages and their attorney should face sanctions.

I like this lot. Just build my house on it and I will sue for the lot later. Not on accident at all. Ask the builder what he did with his hush money.

@az55544

2 ай бұрын

*by accident *not accidentally

@carolynmerrick6377

2 ай бұрын

I believe you are 100 % right. No one is that stupid to build on the wrong lot by mistake,

@pickelsvx

2 ай бұрын

@@carolynmerrick6377 They 100% did this on purpose so it would go to court and set a new precedent that would give them and pretty much every other developer carte blanche authority to pull these shenanigans in the future.

All of HPP Subdivision is filled with Micro-ecosystems, making each location, each lot, unique in it's zonal climate. There's a rise and fall effect of the land fomation that makes for subtle rainfall differences. Part of HPP is closer to the ocean making some lots filled with "sea air" (higher in sodium making plant growth limited or needy). There are some lots that are heavily wooded and even "non-buildable" due to routine flooding. She had a terrific lot someone is trying to turn into their own cash cow and they likely expect her to settle for some crappy, "leftovers" lot. I live on my HPP land and so do my children. Are we now needing to worry someone will show up with demolition equipment to build a house to replace ours? Then demand we give them title? The decision on this case could mean all of our privately-owned lands are in jeopardy of contractor take-over. 😢 Plus, there is a history of such situations in the court system, especially within the RICO office. An efficient judge would review those prior cases. If that judge saw what I've seen in those cases, the decision will be one that blows back the steam from that illicit contractor. Let's just hope the judge isn't a corporate lackey.

@user-zf3xb3qx8w

2 ай бұрын

great points; shows the "incentive" for the builder to try to "grab" a more marketable lot, and since she's an out of towner, thought she'd settle and get a lot dumped on her that appeared to be similar, but in actually perhaps not even buildable. Have to wonder if the contractor or his buddies HAVE a lot like that, like me selling moose pasture in Manitoba to someone living in Florida.

@KiwiCatherineJemma

2 ай бұрын

Yeah. Would people STOP SAYING the developer ACCIDENTALLY built on her lot. Prior to the house being built, the developer had tried to buy the lot from her, and she refused. it was DELIBERATE. I reckon that he thought if he just builds the house anyway, some easy judge is going to be nice to him and forcibly remove her from ownership of that land, and force her to accept whatever settlement the developer wants. THIS WAS DELIBERATE ! Plus we have deliberate theft and vandalism of 100-year-old trees from her land. Trees that she especially wanted to be there, for her particular use of the land. Triple damages wouldn't even come close to what this woman deserves.

@ralphm6901

2 ай бұрын

@@KiwiCatherineJemma if they already tried to buy the lot and were refused, then that kills their "we got the wrong lot" argument. I hope her attorney mentions that little fact.

@medbob1

2 ай бұрын

^^^^^ It just doesn't matter. No justification is needed. It was her lot, someone built an unauthorized building on it, she should just start renting it out!! Free House!!! Wheeeeee!

I hope she counter sues the developers for mental anguish and her time and effort and false accusations. Private property is just that private! They were trespassing for the whole time it was being built. The developers don’t want the expense of tearing down the trespassing structure and turning the property back to how it was! Typical corporations against the people.

The developer didn't do their due diligence, and now they want to try and make her pay for a house she didn't want. They need to remove it and set it back they way it was. That's the lot she bought and wanted. She not asking for anything other than them to do the right thing and she deserves it.

You know the "developer" is a faceless corporation when they build a house on the wrong property and then promptly sue the landowner of said lot.

@lifebetweenraindrops

Ай бұрын

And when the landowner tries to recover damages, the corporation will just go bankrupt and developer work out of another new/different corporation.

Because there are so many stupid technicalities and loopholes with the the law now, it makes more sense to be a criminal. Steal whatever you want and then just say it's yours because the owner wasn't touching it. Things are backwards and stupid now.

Why is this even in court?

Developers need to pay up and stop there bullying

It’s the developers liability and fault, she’s done nothing wrong! If she doesn’t want a different lot, she should not be forced to change lots, it is her right to keep the one she chose and purchased. She should either get to keep the house for free or the developers should be held liable and responsible for removing it or tearing it down if she doesn’t want it.

I really don’t see how she wouldn’t be entitled to have them pay to have the house demolished, pay her attorney’s fees, and compensate her for the time they occupied her property.

@gingw7333

2 ай бұрын

And restore the lot to before build condition.

@stuwest3653

2 ай бұрын

Nobody is going to demolish a brand new house.

@christiangibbs8534

2 ай бұрын

The builders don't WANT to rectify the situation. They want to keep the house that they built on the nicer lot so they can sell it for a lot more money. That's why they made this "mistake" in the first place. The plan was to buy a cheap lot, build on the expensive lot, then say "whoops! Our mistake. Here, let's trade" then they the nicer lot for the price of a cheaper one. They figured that she would cave in and play ball with them. Because she hasn't done that, they sued her in order to pressure her into an out of court settlement and take the lot that they want to stick her with. When that fails, they will resort to the usual "legal" stuff: Defamation, intimidation, misinformation, and filing so many injunctions and other legal requests that it will force her into bankruptcy, while they get richer. That's how the American justice system works in this day and age.

@davesnothere8859

2 ай бұрын

@@stuwest3653 it happens all the time. a person had to tear down a house they put too close to the property line,

@stuwest3653

2 ай бұрын

@@davesnothere8859 If they have to they will move the house. They aren't going to tear it down. You know nothing.

This lady is 100% in the RIGHT! Fix it, and I mean to HER satisfaction, not what the company believes or anyone else believes is a "fair" offer.

Don't be surprised if the ruling on this case favors the builder. I hope that the land owner has the financial ability to take it all the way to the SC. That would be a dangerous precedent set for land/home owners.

No one should just assume that the developer made a mistake. How would we know? the judge should send a clear message by making the developer pay fully and overly for the 'mistake' it had made.

@medbob1

2 ай бұрын

Lot belongs to the lady. People come along and build a house on the lot she owned. Sounds like a free gift to me. Since the developer did not build on the lot he was SUPPOSED to use, he owes somebody a new house. Why? Because he just gave the one he built away. The lot owner should formally trespass the developer and all of his subsidiaries and subcontractors. She should rent out the house and take the profit!!!

If anything other than a complete ruling in her favor including her attorney fees & travel cost to appear. The judge would need to be reviewed. Should be already for not throwing the case out.

She won, and the house was torn down.

how dare they start a lawsuit!!! they are so wrong...

They should offer her 2 lots but I doubt they would do that because it seems they just don't want to lose the money they put into that house. Pilau developer. They should be named.

@paullentz1972

2 ай бұрын

She has every right to just keep her lot of land. I dont care what her reasoning is for not wanting to trade/sell it....the bottom line is that she should not be forced to trade/sell it.

PJ'S CONSTRUCTION & KEAAU DEVELOPMENT PARTNERSHIP. 👎👎

What more proof do you need that private property Rights don't exist in the US.

@reginabillotti

2 ай бұрын

Kelo vs. New London was all the proof I needed

If they build on her lot, the choice should be hers to either keep the building or have it removed, free of charge.

Something similar happened to my parents. In our case, the developer fixed the issue by trading lots. We went from a small corner lot to a much larger lot at the back of a cul-de-sac. What we lost was time. They had to start our house again from zero. All in all it worked out well for us. This lady is getting screwed in her deal.

The developer is at fault.

I think this sums up just how ridiculous this is: "Oh, I'm sorry I ran over your kids. It was a mistake. I meant to drive on the road, not on the sidewalk. Now those kid's parents should pay for the damage to my car."

Did she not counter-sued for tresspassing and destruction of her property?

Wow, I hope she wins and takes the whole company

Another example of a 2 tiered justice system, if they force her to settle by switching lots or any other offer. A rich developer screwed up, land on any Hawaiin island is big bucks. This isn't an immenient domain case, and the only one whos going to benifit is the big company who failed to do due diligence and have it surveyed before they built on a large project.

Did the developers also threaten too sue media because I don't even know who these developers are.

“Birth chart?” Wonder what that is worth in court?

This is just wrong. The ones who did wrong wont admit it and now wants to sue the lot owner. Disgusting!

The company that was in charge of building the house on her property should be required to tear it down and pay her several hundred thousand dollars for her trouble

Take their licenses away.

Reasonable attempts would be to remove the house and move it to the adjacent lot that she does not want and they tried to swap out with her. She chose her specific lot with certain factors that are important to her and are not necessarily available on the other lots. This is not her mistake, she shouldn't have to compromise.

Hope she wins and counter sues for legal fees and pain and suffering mental stressed and harassed by corpet greed.😊

@stuwest3653

2 ай бұрын

Do you know what the word counter even means?

So, a developer can feign ignorance, take whatever lot they like best, then sue the owner to acquire the improved lot? I don't think so, if it were my property! I would bulldoze it and send the bill to the contractor!

@medbob1

2 ай бұрын

Why bulldoze??? The Builder just gave her a free house!!!

@kayezbiciak544

2 ай бұрын

@@medbob1 Only if it isn't what she wants. She had detailed reasons for the lot and may have for the building as well.

@medbob1

2 ай бұрын

@@kayezbiciak544 Of course.... Move Destroy or simply move on and build where they were supposed to. It';s up to the lot owner!!!

She has been damaged by their actions - they need to make her whole again. This lawsuit is straight out bullying. Intentional infliction of emotional distress = punitives!

In Florida we send a thank you letter to the developer 😂

anyone ever heard of the 4th amendment?? This needed to have been dismissed with prejudice upon the first hearing. The developer can not force someone to take something they don't want. Yes I personally feel this is about more money on both sides, however, It was her land to do with what she pleased. Who is the developer ???

counter sue for Trespass

@crozetisles8315

2 ай бұрын

Trespass is a criminal, and not civil infraction. You can't sue for it per say.

The judge should throw the developer in the jail till they comply and pay tripple damages to the lady .

Force the developer to remove the house and pay her restitution for her troubles. It’s her lot!!!