Developer Must Take Down House Built on Wrong Lot

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Developer Must Take Down House Built on Wrong Lot
It was a strange mix-up in Hawaii

(Getty / Jeff Manes)
UPDATE Jun 27, 2024 1:25 PM CDT

A developer who built a home in Hawaii on the wrong vacant lot has been ordered to take it down, reports SFGate. The mistake set off a series of convoluted legal skirmishes, and the judge cut to the chase: "This was not an instance of minor encroachment, but an entire house was built on Lot 114 instead of Lot 115," reads the court order in favor of lot owner Anne Reynolds. The ruling also tossed the developer's lawsuit against Reynolds.
Mar 28, 2024 6:55 PM CDT

It's not the easiest mistake to correct. It seems a construction company hired by a developer in Honolulu built a home on the wrong vacant lot. The kicker is that the owner of the lot is among those being sued over the mess, reports HawaiiNewsNow. The saga began in 2018 when Annaleine "Anne" Reynolds bought the undeveloped land for about $22,000. She planned to build on it someday, and was surprised to get a call from a real estate agent during the pandemic informing her that he had just sold a three-bedroom house valued at $500,000 that was belatedly discovered to be on her land.


]Source:
Developer Must Take Down House Built on Wrong Lot
 
It seemed that the developer may have tried to bully Ms. Reynolds into just switching lots. Glad the right side won. Not sure why they can't make a new foundation on the correct lot and move it with a semi.
 
IAM Rand said:
It seemed that the developer may have tried to bully Ms. Reynolds into just switching lots. Glad the right side won. Not sure why they can't make a new foundation on the correct lot and move it with a semi.
Click to expand...

Sound\s like a good idea.

Lo4 114 and lot 115 might be adjacent.
 
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One of the houses my family's development company built was laid out wrong by the surveyor, we encroached 15 feet into the next lot. Whose fault is it? Legally it didn't matter! The Builder was 1/3 at fault, the developer was 1/3 at fault and the surveyor was 1/3 at fault! Then the (threatened) court fights started. The surveyor made 100% of the mistakes, but the builder didn't catch it! We ended up paying almost 24,000 1984 dollars for someone else's mistake! If the owner hadn't got a new survey for refinancing, we probably had ended up paying all $48,000.

In Ohio, The building general contractor is liable for 10 years from completion, but sub-contractors are only liable for 5 years! It was discovered at 4.5 years.

All you can say is: STUFF HAPPENS!

Ivan
 
Oops! Hey, State Farm, let me talk to Jake. You ain't gonna believe this, buddy! That contractors general liability policy with errors and omissions rider I've been paying premiums on, yeah that's the one. Better have the claims department speak with my attorney soon.
 
I've been associated with surveyors for decades. I've heard a lot of stories. The easiest one I can explain is where lots were laid our with sidelines perpendicular to the road. However, the houses were built that were nowhere near parallel to the road and side lots lines, causing all of the houses to extend over at least two lots each. A corrective plat had to be recorded and all kind of little triangles of land had to be conveyed up and down the street to get the houses sit squarely in the middle of one lot apiece.
 
Not that the woman needed another reason to sue but it was said that she liked the view from her property and wouldn't switch lots.
 
Amish barn walkers

IAM Rand said:
Not sure why they can't make a new foundation on the correct lot and move it with a semi.
Click to expand...

How man Amish would it take to walk the house.

Those men are Fantastic at walking barns to new locations.

Second thought.
Barns do not have flooring so men are also inside.

Watch them move the barn/shed.


amish barn moving - Google Search
.
 
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I agree that the lady should get to keep the house, it's not her fault they built it on her lot by mistake. It's obviously going to cost the developer money to tear the house down or move it. Wouldn't it be cheaper to just leave it where it is and walk away?
 
Sometimes the obvious--and right--solution is obvious. They built an entire condo complex here. It became clear that it was built in violation of several codes and city/developer agreements. After being inhabited for about a year, a judge ruled it had to be torn down. It was. Sad for those who had moved it, but rules are rules, and they were not followed.
 
67tempest said:
I agree that the lady should get to keep the house, it's not her fault they built it on her lot by mistake. It's obviously going to cost the developer money to tear the house down or move it. Wouldn't it be cheaper to just leave it where it is and walk away?
Click to expand...

Much much cheaper to demolish it, but that’s not considering the lawsuit.

Stupid should hurt.
 
It’s all on the builder, surveyors and building officials who signed off on this debacle. if I were the owner, I may have had them provide me a better lot with the house I wanted.
 
She did not want the house.
She had specific plans for the property so the house has to go.
She would only be named as she is an essential party.
Whoever erred, it was not her and she has to be made whole.
Not legally complex, and the folks who made the error are the ones who have to pay.
This is what happens when standards are not adhered to.
 
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Doug M. said:
She did not want the house.
She had specific plans for the property so the house has to go.
She would only be named as she is an essential party.
However erred, it was not her and she has to be made whole.
Not legally complex, and the folks who made the error are the ones who have to pay.
This is what happens when standards are not adhered to.
Click to expand...

It really is that simple. Developers and builders err all the time, then beg the owner and design team to approve their errors. Just because the error is expensive doesn’t mean you don’t own it.
 
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