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Woman sued by those who built home on HER lot
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Adam H. Kerman
2024-03-31 04:45:29 UTC
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Woman owned vacant land in Hawaii hoping to built a women's retreat one
day. Instead, a home was built on her land instead. She is now defending
a lawsuit! Lehto declares the lawsuit the most frivolous of his entire
career.


shawn
2024-03-31 05:18:30 UTC
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On Sun, 31 Mar 2024 04:45:29 -0000 (UTC), "Adam H. Kerman"
Post by Adam H. Kerman
Woman owned vacant land in Hawaii hoping to built a women's retreat one
day. Instead, a home was built on her land instead. She is now defending
a lawsuit! Lehto declares the lawsuit the most frivolous of his entire
career.
http://youtu.be/B1_A_3hKI-g
My guess is they hope to force her to settle due to the extensive
lawyer fees. Only possible way I could see them winning the lawsuit
(and I don't think even then) is if they granted her ownership of the
home (which they already sold, so ooops) and then pursued compensation
for the increased value of the property. Though since she didn't order
the construction of the home and wants it gone I couldn't see them
winning the case.
The Horny Goat
2024-04-02 09:10:55 UTC
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On Sun, 31 Mar 2024 01:18:30 -0400, shawn
Post by shawn
My guess is they hope to force her to settle due to the extensive
lawyer fees. Only possible way I could see them winning the lawsuit
(and I don't think even then) is if they granted her ownership of the
home (which they already sold, so ooops) and then pursued compensation
for the increased value of the property. Though since she didn't order
the construction of the home and wants it gone I couldn't see them
winning the case.
In the early 1960s my grandfather was in precisely this situation
where he owned two lots - one he built his home on and the other he
left empty about 4 or 5 houses away.

At that time he was in the habit of taking 4-5 weeks a year in
southern California and came home to find a house on his lot that had
been empty when he had left.

He told us afterwards that he COULD have simply told the builder
"thank you for building me a house" (he said he had checked with a
lawyer) and legally that would have ended it but in the end sold the
lot to the builder for a substantial gain on what he had paid for the
lot. (Given the lot had been covered by trees when he left it was
rather easy to tell that the builder had taken down all his trees
before building.)

But the very idea that the build in THIS case could claim he had
"improved the lot" is both ludicrous and offensive - and if properly
documented would almost certainly lead to punative damages if the case
had ever gone to trial. Normally in civil matters you have to REALLY
screw up for the plaintiff to get punitive damages but this would very
much seem to be such a case - particularly if the lot had been cleared
first.
shawn
2024-04-02 14:53:58 UTC
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Post by The Horny Goat
On Sun, 31 Mar 2024 01:18:30 -0400, shawn
Post by shawn
My guess is they hope to force her to settle due to the extensive
lawyer fees. Only possible way I could see them winning the lawsuit
(and I don't think even then) is if they granted her ownership of the
home (which they already sold, so ooops) and then pursued compensation
for the increased value of the property. Though since she didn't order
the construction of the home and wants it gone I couldn't see them
winning the case.
In the early 1960s my grandfather was in precisely this situation
where he owned two lots - one he built his home on and the other he
left empty about 4 or 5 houses away.
So the builder didn't do a survey before taking down the trees and
building a home (with all the necessary utility connections)? The same
as happened with the woman in Hawaii. Is this actually a common thing?
Post by The Horny Goat
At that time he was in the habit of taking 4-5 weeks a year in
southern California and came home to find a house on his lot that had
been empty when he had left.
He told us afterwards that he COULD have simply told the builder
"thank you for building me a house" (he said he had checked with a
lawyer) and legally that would have ended it but in the end sold the
lot to the builder for a substantial gain on what he had paid for the
lot. (Given the lot had been covered by trees when he left it was
rather easy to tell that the builder had taken down all his trees
before building.)
But the very idea that the build in THIS case could claim he had
"improved the lot" is both ludicrous and offensive - and if properly
documented would almost certainly lead to punative damages if the case
had ever gone to trial. Normally in civil matters you have to REALLY
screw up for the plaintiff to get punitive damages but this would very
much seem to be such a case - particularly if the lot had been cleared
first.
Adam H. Kerman
2024-04-02 15:33:10 UTC
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Post by shawn
Post by The Horny Goat
Post by shawn
My guess is they hope to force her to settle due to the extensive
lawyer fees. Only possible way I could see them winning the lawsuit
(and I don't think even then) is if they granted her ownership of the
home (which they already sold, so ooops) and then pursued compensation
for the increased value of the property. Though since she didn't order
the construction of the home and wants it gone I couldn't see them
winning the case.
In the early 1960s my grandfather was in precisely this situation
where he owned two lots - one he built his home on and the other he
left empty about 4 or 5 houses away.
So the builder didn't do a survey before taking down the trees and
building a home (with all the necessary utility connections)? The same
as happened with the woman in Hawaii. Is this actually a common thing?
The whole point of surveys and recording is to avoid exactly this
scenario. It's idiot proof. Alas, there's always a bigger idiot.
Post by shawn
Post by The Horny Goat
. . .
The Horny Goat
2024-04-02 20:34:22 UTC
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On Tue, 2 Apr 2024 15:33:10 -0000 (UTC), "Adam H. Kerman"
Post by Adam H. Kerman
The whole point of surveys and recording is to avoid exactly this
scenario. It's idiot proof. Alas, there's always a bigger idiot.
Well said!

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