• Woman sued by those who built home on HER lot

    From Adam H. Kerman@21:1/5 to All on Sun Mar 31 04:45:29 2024
    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.

    https://www.youtube.com/watch?v=B1_A_3hKI-g

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  • From shawn@21:1/5 to ahk@chinet.com on Sun Mar 31 02:18:30 2024
    On Sun, 31 Mar 2024 04:45:29 -0000 (UTC), "Adam H. Kerman"
    <ahk@chinet.com> wrote:

    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.

    https://www.youtube.com/watch?v=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.

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  • From The Horny Goat@21:1/5 to nanoflower@notforg.m.a.i.l.com on Tue Apr 2 02:10:55 2024
    On Sun, 31 Mar 2024 01:18:30 -0400, shawn
    <nanoflower@notforg.m.a.i.l.com> wrote:

    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.

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  • From shawn@21:1/5 to All on Tue Apr 2 10:53:58 2024
    On Tue, 02 Apr 2024 02:10:55 -0700, The Horny Goat <lcraver@home.ca>
    wrote:

    On Sun, 31 Mar 2024 01:18:30 -0400, shawn
    <nanoflower@notforg.m.a.i.l.com> wrote:

    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?

    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.

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  • From Adam H. Kerman@21:1/5 to shawn on Tue Apr 2 15:33:10 2024
    shawn <nanoflower@notforg.m.a.i.l.com> wrote:
    Tue, 02 Apr 2024 02:10:55 -0700, The Horny Goat <lcraver@home.ca>:
    Sun, 31 Mar 2024 01:18:30 -0400, shawn <nanoflower@notforg.m.a.i.l.com>:

    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.

    . . .

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  • From The Horny Goat@21:1/5 to ahk@chinet.com on Tue Apr 2 13:34:22 2024
    On Tue, 2 Apr 2024 15:33:10 -0000 (UTC), "Adam H. Kerman"
    <ahk@chinet.com> wrote:

    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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