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In the case of a house built on Hawaii Island, a judge is asking both sides to consider settling

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Island News

Күн бұрын

Multiple parties are being sued by an Oahu developer who expected the house to go up on his property and not the property next door.

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@chiburu_uchinanchu
@chiburu_uchinanchu 3 ай бұрын
she should not have to settle. ridiculous
@ingleringlet-snipps3rd449
@ingleringlet-snipps3rd449 3 ай бұрын
Insane.
@ostlandr
@ostlandr 3 ай бұрын
The developer needs to put the lot back exactly as they found it. Maybe the victim ends up owing the developer's company. If that's the case, so be it. Give the developer a hard deadline to fix things.
@macman1469
@macman1469 3 ай бұрын
She doesn't have to settle . The Judge is sending them to mediation . This is normal in civil cases .
@bobroberts2371
@bobroberts2371 3 ай бұрын
Listen to 2:12 onward, she does not have clear title to the lot.
@ralphm6901
@ralphm6901 3 ай бұрын
@@bobroberts2371 that part confuses me. She bought it in a tax auction, presumably the previous owner defaulted on taxes and the lot was taken by the government?? That's certainly more of a title than the contractor had. It was said elsewhere that the contractor attempted to buy the lot and the current owner refused to sell, which makes the contractor completely liable for restoring the lot. They knew they couldn't have it, but stole it anyway.
@AFloridaSon
@AFloridaSon 3 ай бұрын
Allowing a business to build a house wherever they want, then expect the landowner to settle will set bad precedent.
@purplefireweed
@purplefireweed 3 ай бұрын
The developer has made offers beyond the value of the lot and she keeps rejecting them. They're both crappy lots on a crappy street. She could find a far superior lot nearby in trade and come out on top. But she keeps rejecting reasonable offers. That's why the judge is asking to settle.
@HawksDiesel
@HawksDiesel 3 ай бұрын
Yep, kind of a lazy judge
@annoyedok321
@annoyedok321 3 ай бұрын
People being reasonable is a good precedent. A half price means less money for the lawyers.
@evonne315
@evonne315 3 ай бұрын
They already settled in previous cases so the judge is trying to get her to settle like them BUT SHE SHOULDNT HAVE TO.
@farmlyful
@farmlyful 3 ай бұрын
It’s what they have been doing to kanaka since 1893 as all the lands are patented under the Hawaiian kingdom. We are reclaiming them so anyone on it might want to try negotiating a lease but it’s up questioning.
@LKre-vi5oq
@LKre-vi5oq 3 ай бұрын
Settling? Are you kidding me? This "developer" is 100 percent wrong. There's nothing to settle.
@Mario-iz9xc
@Mario-iz9xc 3 ай бұрын
The judge is a coward. Why should she settle. This an injustice grow a backbone. This woman is already spending a lot of money defending her property.
@Calinotch06
@Calinotch06 3 ай бұрын
exactly
@larry-kp9sp
@larry-kp9sp 3 ай бұрын
​@@Calinotch06exactly wrong.... She doesn't have clear title... There is a tax lien on the property that she scooped up for a paltry 22, 000... They offered to settle for 160k... I would satisfy the lien with the real owner and tell her to get lost
@bassmaster135790666
@bassmaster135790666 3 ай бұрын
She has no rights. she's a punk Californian.
@xlerb2286
@xlerb2286 3 ай бұрын
@@larry-kp9sp As I understand it she paid off the tax lien, and the state says she is the assumed owner but doesn't guarantee that nobody else may have a valid claim on the property. Myself I wouldn't have touched that deal with a 20 foot pole. But as of today with nobody bringing any other claims forward she is the owner of the property. I believe the former owners that had the tax lien lost any claim they had when the state seized and sold the property. But there could be someone else with a valid claim. I don't know if that's at all likely in this instance.
@davesnothere8859
@davesnothere8859 3 ай бұрын
while she isn't white she is still a howlie.
@LazyLawrence
@LazyLawrence 3 ай бұрын
Settle what? Her property, remove the house. Simple
@skysurfer5cva
@skysurfer5cva 3 ай бұрын
....and restore the natural landscaping. Otherwise, it's theft by the developer and/or his contractor.
@purplefireweed
@purplefireweed 3 ай бұрын
​@@skysurfer5cva "restoring" the landscape is impossible since the trees were native o'hia--some of the slowest growing trees on the planet, and not readily available as a nursery sapling. Beyond that, the vegetation was invasive non-native weeds, the same as every other untended lot in HPP. Also, there's a chop shop/drug house a few lots away on same side of the street. If she gets some unique spiritual vibe at this dime-a-dozen one acre lot, good for her. But it's a creepy street with tons of theft and there are so many other places in the sub development that other people would consider far better suited for the women's retreat she said she intends to build. Hands down. She deserves a fair settlement. But continuing to move the goalposts will leave her nothing to show in the end, and makes me question all her spiritual vibe talk.
@clementthurn1992
@clementthurn1992 3 ай бұрын
@@skysurfer5cva You are CORRECT !!
@davidmorley7778
@davidmorley7778 3 ай бұрын
Settle, LMAO 😂 It’s called theft by conversion. Settling only opens the door for other developers to accidentally build on someone else’s property hoping for the same outcome.
@Calinotch06
@Calinotch06 3 ай бұрын
exactly
@CP-xm4gg
@CP-xm4gg 3 ай бұрын
The builder did this to intentionally claim the lot and you could never convince me otherwise. The lady who owns the property should keep her rights to it
@8675-__
@8675-__ 3 ай бұрын
These builders aren't very intelligent. And always in a big hurry to build the house and move on to their next project!
@CP-xm4gg
@CP-xm4gg 3 ай бұрын
@@8675-__ they have a land survey before a shovel is even brought to the location. They can play dumb but this was calculated.
@purplefireweed
@purplefireweed 3 ай бұрын
That's not what happened. The developer of course is responsible, but it was the contractor who built on the wrong lot. Her lot is exactly like the one adjacent that belongs to the developer, where the house was supposed to go. There is zero motivation for the developer to create this mess intentionally. It was ineptitude, not design. They're both pretty crappy lots on a crappy street.
@sct4040
@sct4040 3 ай бұрын
I agree.
@ostlandr
@ostlandr 3 ай бұрын
IIRC the builder contacted her and offered to buy her lot. She refused. This sounds like deliberate action, not a "mistake."
@FreddyBoy1808
@FreddyBoy1808 3 ай бұрын
How about the Judge grow some balls and ask the owner of the property when she wants. That’s not her fault. It’s all up to her period. Weak Justice system here in Hawaii.
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
Why is everyone badmouthing the judge. He/she is trying to end the stalemate. But we all know the majority of the blame lies with the developer who didn't do things properly.
@jeraldbottcher1588
@jeraldbottcher1588 3 ай бұрын
@@LonnieBrewer-dd4wi Because the judge is letting this drag out!
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
@@jeraldbottcher1588 No he's not, look at the paperwork issue.
@k.chriscaldwell4141
@k.chriscaldwell4141 3 ай бұрын
“Weak?!” Corrupt.
@christopherlee5584
@christopherlee5584 3 ай бұрын
Because it is a far left leaning state. The law doesn't matter... just FEELINGS.
@niveknospmoht8743
@niveknospmoht8743 3 ай бұрын
At this point I think the Judge needs to recuse himself and pass it on to a Judge that has some balls to tell the developer to remove the house and restore her land. The developer trespassed on the property, clear cut it and built a house. I think it was done intentionally. I also think the developer should pay for all her legal fees.
@ostlandr
@ostlandr 3 ай бұрын
Especially since the developer originally tried to buy the lot from her and she refused. Totally intentional.
@bobroberts2371
@bobroberts2371 3 ай бұрын
@@ostlandr Where is your reference that the builder tried to buy the lot BEFORE the house was built on it and build anyway?
@missyvinson6220
@missyvinson6220 3 ай бұрын
​@@bobroberts2371It was in another news story earlier in the week. It also stated there was not a survey done on the land to ensure they were building on the correct parcel. It really does sound fishy.
@bobroberts2371
@bobroberts2371 3 ай бұрын
@@missyvinson6220 Do you really think that a builder is going to risk the loss of a $ 300,000 house on the wrong lot in order to get a piece of property when there are many of the same lots for sale?
@missyvinson6220
@missyvinson6220 3 ай бұрын
@@bobroberts2371 I dont know, people have done crazier things than that and got away with it. Look at all the comments on here saying she should settle. Most people would settle. I would settle, but at the end of the day, she should have her property the way she wants it. Because of her beliefs, the other properties don't work. No one should be forced to give in to something like this.
@LillyMortensen
@LillyMortensen 3 ай бұрын
This is insane. It’s her property, and the developer is a real piece of work.
@geneticdisorder1900
@geneticdisorder1900 3 ай бұрын
You spelled 💩bag wrong.
@kevinhuddleston6438
@kevinhuddleston6438 3 ай бұрын
Accountability falls on the developer. So tired of construction companies having work change orders, exceeding budgets, etc. Man up and pay for your mistake.
@richnvick9281
@richnvick9281 3 ай бұрын
Anyone wanna be a successful business owner, be a contractor on the big island. No such thing as change order or bids. Every job becomes cost plus, therefore contractors never lose money because mistakes or labor. Homeowners get stuck with it all even tho it means they won't be able to afford financing. Messed up right
@billymacktexasdetective5827
@billymacktexasdetective5827 3 ай бұрын
My brother in law owns a construction company. He was installing a sewer drain for a city using micro boring, basically a tiny tunnel digger. He submitted change orders and was paid for the fact that he encountered ROCKS while he was tunneling... Gee, whodathunk you'd find rocks underground? $400k overrun on a $1.2 million job...
@kevinhuddleston6438
@kevinhuddleston6438 3 ай бұрын
@billymacktexasdetective5827 if ya thunk there were rocks, ya probably should have thunk to plan for that. And have it in the initial bid. Duh.
@jennacarolle5153
@jennacarolle5153 3 ай бұрын
The issue wasn't the construction company. The developer had bought 12 plots of land and hired a construction company to build houses on those lots. There are almost 10,000 lots all almost the same, sandwiched in together. One of the lots the construction company was told to build on was the wrong lot. However the county approved all the permits and passed the inspections for that wrong lot. The construction company didn't do anything wrong. After the construction was finished, a real estate agent sold the house on the wrong lot to a new owner. As they too were completely unaware.
@twwtb
@twwtb 3 ай бұрын
Sheer insanity. This is a corrupt land grab. Developer should be charged with malicious trespassing.
@courtneesdad
@courtneesdad 3 ай бұрын
Calm down Karen
@RottenInDenmarkOrginal
@RottenInDenmarkOrginal 3 ай бұрын
House is on 8th avenue on east of Paradise Drive if you want to see it. They claim they counted power/phone poles! 🤣😂🤣
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
​@@courtneesdad Or is it Barb or Deb.
@kens.3729
@kens.3729 3 ай бұрын
Judge should be Asked to Resign for Not doing his Job. Trial, Please! 👍
@darknagaadventures7884
@darknagaadventures7884 3 ай бұрын
The only acceptable solution here is to return the land to its original state, and pay the woman for loss of use, loss of value, and legal fees. The developer borked it, and they can unbork it.
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
The developer probably doesn't have the cash.
@heathervandewalle8954
@heathervandewalle8954 3 ай бұрын
The land can not be put back to it's original state. The building process changed the structure of the soil, demolishing it will further change soil structure plus there will be some debris left, the native flora was bulldozed and other problem flora is taking over.
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
@@heathervandewalle8954 I understand that, but all this back and forth is accomplishing nothing.
@originaloldpop8405
@originaloldpop8405 3 ай бұрын
@@LonnieBrewer-dd4wi banks make loans
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
@@originaloldpop8405 This individual may not want to go that route.
@Bruno-ho5jl
@Bruno-ho5jl 3 ай бұрын
This is a great example of why the American judicial system sucks. This case should never have been filed and has been dragging on for months requiring the owner to pay legal fees simply to get back what is rightfully her property. A judge could have resolved this in one day, ordering that the house be torn down and the property restored. Ridiculous.
@robertdavidsanders
@robertdavidsanders 3 ай бұрын
Settle? Why does she have to "settle" when she's CLEARLY within her rights?
@timg2973
@timg2973 3 ай бұрын
do you understand settlements? she can still get her way. as she should.
@clivebunker3823
@clivebunker3823 3 ай бұрын
I do not understand this case. This lady’s property rights were violated and she should not be forced to do anything with her land.
@selmaalva9031
@selmaalva9031 3 ай бұрын
She doesn’t have clear title for this
@ralphm6901
@ralphm6901 3 ай бұрын
@@selmaalva9031 she bought the property in a tax auction, and that doesn't give her title? Regardless, it's substantially more title than the developer who has stolen the lot from her.
@jaybleu6169
@jaybleu6169 3 ай бұрын
@@selmaalva9031 I don't understand that part. She bought it in a tax auction. Seems like she owns it. What am I missing?
@rayh592
@rayh592 3 ай бұрын
The property owner should settle for nothing less than the house being removed, the property being returned to it's original condition, all legal fees paid and punitive damages of $50 million for their frivolous lawsuit. The judge should then be removed from the bench and have their law license revoked.
@clementthurn1992
@clementthurn1992 3 ай бұрын
I love this idea !!! Awesome.
@beast1728
@beast1728 3 ай бұрын
What a mess! I feel so bad for that lady who owns the property.
@courtneesdad
@courtneesdad 3 ай бұрын
Feel bad for her? She got the lot for pennies on the dollar from a tax sale. They offered her $100,000. Sounds like she is a greedy woman. I hope the judge gives her less
@shari9721
@shari9721 3 ай бұрын
@@courtneesdad what she paid for the land or how she bought it is irrelevant , the developer made a HUGE mistake and they now need to fix it , remove the house , restore her property as much as possible and pay her compensation for the aggravation , stress , anxiety , time etc and lawyers fees . The way developers are allowed to operate , rip people off , go way over budget and time , build faulty houses on faulty land etc and get away with it is absolutely criminal literally and appalling . smdh
@EricDelisle-SoLongReplyAlerts
@EricDelisle-SoLongReplyAlerts 3 ай бұрын
​@@shari9721they spelled their daughter's(?) name "courtnee," don't think you should hold out for an intelligent dialogue
@JessTalkTV
@JessTalkTV 3 ай бұрын
​@courtneesdad she didn't buy the lot for money reasons. She doesn't want money, she wants that house off her property and she wants the trees restored. they are trying to get her to sell her land to them by building on her property by accident and then pressuring her to sell. That's just wrong and if they let the developer get away with it then developers will start accidently building houses on everyone's property and forcing them to sell the land. And Hawaii is very expensive, $100k is not enough
@JamesWilliams-gp6ek
@JamesWilliams-gp6ek 3 ай бұрын
The judge needs to do his job. This is an open and shut case and the developer is in the wrong. Plain and simple.
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
It's not open and shut..
@JamesWilliams-gp6ek
@JamesWilliams-gp6ek 3 ай бұрын
@@LonnieBrewer-dd4wi You must be the crooked and foolish developer who can't even, or chooses not to read street addresses. She owns your company now.
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
@@JamesWilliams-gp6ek I'm not the developer, it not open and shut because of the paperwork.
@Retroopers
@Retroopers 3 ай бұрын
​@@LonnieBrewer-dd4wi Wouldn't the real dispute be between her and the previous owner due to the tax lien and title issues? The developer has no teeth in the game because they have no tax lien or title to even do anything on that lot.
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
@@Retroopers The developer messed up because he/she didn't hire a surveyor to make sure it was the correct plot.
@austindelossantos6286
@austindelossantos6286 3 ай бұрын
Im from hawaii, born and raised . it's corrupt.
@kens.3729
@kens.3729 3 ай бұрын
The Real Issue is the Judge has NO KAHONAS at all.
@sandybruce9092
@sandybruce9092 3 ай бұрын
Cajones!!!
@MKV11212
@MKV11212 3 ай бұрын
So the precedent this sets is that a developer can just start building on your land without your permission or having sold it to them, then when you find out, they can sue you to force you to sell the land to them … Make that make sense … Sometimes I wish these scenarios happen to judges and politicians so they can experience the nightmare this woman is going through.
@rickagulia3767
@rickagulia3767 3 ай бұрын
What is with judge ?? Is he not competent?? Didn't he go to law school ?? He needs to be removed. He is not competent , this is a straightforward case. Removed his Bar license!!
@Liam_Maddog
@Liam_Maddog 3 ай бұрын
This is Hawaii business as usual.
@konasan
@konasan 3 ай бұрын
The judge has poor judgement.
@whiskeydrunk4205
@whiskeydrunk4205 3 ай бұрын
No she's just retarded like most women are.she will do what's she's told with an envelope passed under the table . Hawaii is a corruption machine always has been always will be.
@JimmyJinIA
@JimmyJinIA 3 ай бұрын
So many do...
@JustSayN2O
@JustSayN2O 3 ай бұрын
Why hasn't the developer and general contractor both been charged with criminal trespass and led out of court in handcuffs?
@stevenpragan6866
@stevenpragan6866 3 ай бұрын
I looked up HI law: the right of redemption period ends 1 year after the auction. As such she is now the clear owner. At the same time, if the previous owner wanted the property back the cost is the auction price plus 1% per month thru the redemption period.
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
Thank you for the update..
@deetorrance3659
@deetorrance3659 3 ай бұрын
This is ridiculous. The lady who owns the property should be allowed to destroy the house.
@mxnofear351
@mxnofear351 3 ай бұрын
F that judge...do your job and make it right for the land owner
@alohakamanawanaleiu4996
@alohakamanawanaleiu4996 3 ай бұрын
Lazy judge.
@johnnywang206
@johnnywang206 3 ай бұрын
If the developer goes out of business because of this, then it’s because of his own fault nobody told him to build on the wrong plot
@user-mh2ye9nf3y
@user-mh2ye9nf3y 3 ай бұрын
The developer cur corners by deciding not to have the land surveyed prior to construction. It is 100% the fault of the developer. A settlement for USD1.5M in favour of the land owner should have been imposed by the judge.
@ralphm6901
@ralphm6901 3 ай бұрын
@@user-mh2ye9nf3y supposedly the developer tried to buy the lot, but she refused to sell. They knew they were wrong before they staretd.
@glenclarkchidley3637
@glenclarkchidley3637 3 ай бұрын
Get your junk off my property! Or I’m raising your rent
@purplefireweed
@purplefireweed 3 ай бұрын
Except it's not a rental situation
@martinwinther6013
@martinwinther6013 3 ай бұрын
aye. its tresspassing, littering, vandalism just to name a few
@darrenlauzon5943
@darrenlauzon5943 3 ай бұрын
This is 100% on the builder.
@franksnowboarder
@franksnowboarder 3 ай бұрын
Why should the victim "settle" they made the error, she should not be forced to "settle" for anything.
@tscoff
@tscoff 3 ай бұрын
The developer should be forced to return the lot to the state that it was in before the developer screwed up and pay the woman every single penny that she’s spent dealing with this. Including her travel costs, legal fees, and time away from work.
@jimbeam-ru1my
@jimbeam-ru1my 2 ай бұрын
He shouldn't only be forced to do that if there isn't a more equitable, reasonable solution, and there is. The chick won't take it because she wants the house and she's made a completely assinine lie up that she has to defend in court now.
@fonicgaming6787
@fonicgaming6787 3 ай бұрын
So why wouldn’t the court force the builders to tear down the house, and pay the property owner for the damages done to said property? Cause that’s what makes sense, not any of this settling bs. This judge is wrong for this case, they need to get him removed immediately. The property owner is the victim.
@jimbeam-ru1my
@jimbeam-ru1my 2 ай бұрын
"So why wouldn’t the court force the builders to tear down the house, and pay the property owner for the damages done to said property? " Because swapping lots would equitably resolve the dispute but she refuses to do that because she is being unreasonable and trying to game the system to benefit from unlawful enrichment
@richellepeace4457
@richellepeace4457 3 ай бұрын
If a contractor cannot read an address does anyone want a house he built? Contractor should be liable for all...
@ralphm6901
@ralphm6901 3 ай бұрын
Supposedly they tried to buy the lot before building on it. She refused, so they built anyway. Totally liable.
@jimbeam-ru1my
@jimbeam-ru1my 2 ай бұрын
@@ralphm6901 you're lying.
@ralphm6901
@ralphm6901 2 ай бұрын
@@jimbeam-ru1my published in sfgate. Call them liars too, why don't you?
@jimbeam-ru1my
@jimbeam-ru1my 2 ай бұрын
@@ralphm6901 sfgate? either you're lying or they are.
@hansolo8225
@hansolo8225 3 ай бұрын
Tear down the new house
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
Bad idea..
@heathervandewalle8954
@heathervandewalle8954 3 ай бұрын
That won't solve the problem. That will further degregate the soil structure, there will be remaining demolition rubble, the native plants have already been bulldozed and problem fauna has taken over. They cannot give her back her pristine lot.
@purplefireweed
@purplefireweed 3 ай бұрын
That's a ridiculous waste on an isolated island where everything is so expensive and building materials are precious and shipped in.
@Bonjour-World
@Bonjour-World 3 ай бұрын
and restore the native trees
@purplefireweed
@purplefireweed 3 ай бұрын
@@Bonjour-World Not so easy. Those o'hia trees are some of the slowest growing trees on the planet and you can't just pick them up at Home Depot. They can be replanted of course, but they will not grow to size for decades. There weren't that many of them and then rest of the lot was/is what we here call 'trash trees' and other invasive non-native vegetation. There's nothing that special about the lot, and in fact it's quite close to a chop shop and and dealers. There are so many much better options in other parts of the subdivision that she'd do well to demand purchase of in trade for her ruined run of the mill lot. Seriously. That's a seedy part of the neighborhood, and the title to her land is a mess which is why the developer also sued the former owners. She should find a waterfront lot and bail on fighting the developer on this. Let him deal with the can of worms that a new house on a lot with a disputed title is!
@AMERICANPATRIOT1945
@AMERICANPATRIOT1945 3 ай бұрын
There is only one agreement which matters here, and that is whatever the owner of the property wants in regards to the builder removing the illegally built house and replacing all of the vegetation removed by the developer. This situation is the developer's fault 100% and it is the developer who has 100% responsibility to fix his mistake.
@jimbeam-ru1my
@jimbeam-ru1my 2 ай бұрын
the developer has a responsibility to remedy the damages he caused, which came to the cost of the lot- 70k. It's unreasonable to ask him to pay 350k when she could be made whole by swapping lots but she won't do it because she is being unreasonable and is trying to game the courts to get away with unlawful enrichment.
@AMERICANPATRIOT1945
@AMERICANPATRIOT1945 2 ай бұрын
@@jimbeam-ru1my , The developer caused much more than $70,000.00 dollars worth of damage by not checking all relevant records and discovering who really owned this piece of land. It is not even remotely possible for the property owner to be guilty of any form of unlawful enrichment here, unless the developer has lots of political connections in order to influence the courts to decide in such a manner or in any other way to favor this unscrupulous developer. This is a way bigger problem than the real victim forcing the unscrupulous developer to make her whole. It is the developer who made the mistake due to his unscrupulous, criminally negligent behavior. Now the developer has the sole responsibility to revert the property back to its original state, no matter the cost. This is not an honest mistake. This developer stole this piece of land and counted on the victim being a pushover and the courts rolling over. Now that none of this happened the developer is playing victim. This developer is not a victim but in fact is a criminal perpetrator and should be punished as such.
@tuomasholo
@tuomasholo 3 ай бұрын
Why would she need to settle anything? The judge should be disbarred.
@jennifer_mertens
@jennifer_mertens 3 ай бұрын
She searched for this property and, relevant or not, it was a lot that alligned with her and her children's birthdays. A lot of Asian people take those things VERY seriously. She said she doesn't want a "different" lot, and I don't blame her. Let the developer take the loss and move on. She shouldn't have to deal with THEIR MISTAKE.
@prst99
@prst99 3 ай бұрын
Contractor must spend all their money. Even if they must become homeless and die.
@ozmaile7938
@ozmaile7938 3 ай бұрын
it does NOT matter what the value is. IT WAS hers
@jenf1387
@jenf1387 3 ай бұрын
Apparently this developer is suing this lady, the builder, the architect, the previous owner who lost it for the taxes owed, and the county for issuing the permits. The builder claims the developers did not want to pay to hire surveyors. The judge should decide the case keeping in mind how absurd it is to sue the previous owner the architect and the county which most likely issued the permits for the correct lot. This case should be between the developer and the builder to determine who's paying the demolish the house and replant the trees then rebuild on the correct lot.
@girlinvt
@girlinvt 3 ай бұрын
It wasn't her mistake, it was the developers error.
@benjie128
@benjie128 3 ай бұрын
This takes squatting to a whole new level.
@robav8or
@robav8or 3 ай бұрын
This case is so messed up because of a failure of HI law. The “developer” would normally be on the hook because that company hired the contractor to build the home. If the contractor is legitimate there should be a bond associated with the contractor’s license which should cover mistakes like this. Tax lien sale: Each state is different but if it conducts a sale for taxes owed on properties those properties that reach a judicial foreclosure should result in a clear title/deed. BEWARE OF TAX LIEN AUCTIONS WHERE THIS ISN’T THE CASE! This property owner is not at fault for the bunging acts of a developer, contractor, and the government. But I doubt the courts have the intestinal fortitude to solve this problem. I suspect the developer has relationship(s) with interested parties.
@gene8172
@gene8172 3 ай бұрын
The ultimate in “measure twice, cut once!”
@travisr4666
@travisr4666 3 ай бұрын
They built house on wrong land, without permission and they think they have any standing at all in court
@davepowder4020
@davepowder4020 3 ай бұрын
I have to agree with the comments. The woman that owns the lot did no wrong, and should not be compelled by the legal system to bow to the developer that is actually in the wrong.
@lauriewoods8018
@lauriewoods8018 3 ай бұрын
They need to remove the house and restore it to original state. They fucked up and built in the wrong property, that is not the property owners problem.
@neilkurzman4907
@neilkurzman4907 3 ай бұрын
Funny she had to hire a lawyer so it must be her problem.
@matthewmorton7386
@matthewmorton7386 3 ай бұрын
Property owner has no reason to settle
@martinwinther6013
@martinwinther6013 3 ай бұрын
Well.. 60k on top of the original purchase price is a reason.. Not saying its a good reason, or reason enough.. But it is SOME reason
@neilkurzman4907
@neilkurzman4907 3 ай бұрын
She has to pay her lawyer.
@paullentz1972
@paullentz1972 3 ай бұрын
@@martinwinther6013 She doesnt want to sell that land! She wants to build her own dream home on it eventually. How hard is that to understand?
@martinwinther6013
@martinwinther6013 3 ай бұрын
@@paullentz1972 its not hard to understand.. why do you ask??
@Calinotch06
@Calinotch06 3 ай бұрын
Why can't they lift the house and move it to their lot? Otherwise tear it down. It should not be her problem. They owe her for pain and suffering.
@ThumbdownMan
@ThumbdownMan 3 ай бұрын
The judge is too lazy to take the case.
@Liam_Maddog
@Liam_Maddog 3 ай бұрын
Noooo, he's too corrupt. Maybe the developer is his cozzin, brah.
@jumperpoint
@jumperpoint 3 ай бұрын
The developer made the mistake, he shouldn't expect someone else to fix it for him.
@danielweston9188
@danielweston9188 3 ай бұрын
Easy to settle - remove the house, repair the property - see......
@dhrracer
@dhrracer 3 ай бұрын
The settlement would be to return the property to the condition it was in prior to the developer f___ing up. Then cover all expenses that the owner incurred plus any court costs. Then compensate her for her stress and trouble. If it was my property, the house would have been gone the day the developer started the fight.
@HillbillySailor
@HillbillySailor 3 ай бұрын
Why should she have to settle for anything? She isn't the one who screwed up and built a house at the wrong location. This one should be entirely on the company to make right.
@glbernini0
@glbernini0 3 ай бұрын
Reporters forgot to mention the Fact that the developers & builders FAILED to do a survey before the work started!!! INCOMPETENT MISTAKES LIKE THIS ARE WHY SURVEYS ARE DONE.
@jeraldbottcher1588
@jeraldbottcher1588 3 ай бұрын
They also failed to mention that they had asked her to sell the lot to them before they even started building and she refused, and then they went ahead and built the house anyway.
@debracisneroshhp2827
@debracisneroshhp2827 3 ай бұрын
@@jeraldbottcher1588 , SERIOUSLY???!!! If that's true there is no reason the judge should be dragging this on__get that house off her property and restore what was removed! 😣😣😣😣😣
@neilkurzman4907
@neilkurzman4907 3 ай бұрын
No, they’re not incompetent mistakes. They just regular mistakes or regular incompetence. Yes, somebody screwed up.
@neilkurzman4907
@neilkurzman4907 3 ай бұрын
@@jeraldbottcher1588 I haven’t heard of this before. Where did you hear it? Do you have a link?
@bassmaster135790666
@bassmaster135790666 3 ай бұрын
@@neilkurzman4907 bot
@ponderrosie4975
@ponderrosie4975 3 ай бұрын
Don't builders have to get permits in HI? How did that work ? Seems to me the application process for the permit would have worked as a check and the builder would not have been able to build there. What went wrong? Can builders not move a house in HAWAII like they do in the continental USA? Seems to me that would have been the best FIRST solution instead of trying to bully the land owner to accept a different lot! She chose that lot for very very intimate reasons. She should not be bullied into surrendering what she bought in good faith. SOmething makes me wonder if the builder had some sort of deal with the original owner? That went sideways and the original owner died right? Was there any deception on the part of the builder to get permits? Or did the builder think he could pull a fast one and because of the other lots the lady from CA would just be expected to take what the builder offered? The builders damaged the lot so the owner of the lot has suffered three times - 1the take over and damage by a builder of her property, 2- being bullied and not given proper monetarily damages for what the builder did 3-the travel expense to go to HI to appear in court! And there is also pain and suffering/stress that has got to be enormous. Didn't the builder have insurance, bonded? That house is GREY - to me that is all it would take to make me think of it as UGLY. Every story seems to slanted toward this builder/developer. WHY?
@jesstreloar7706
@jesstreloar7706 3 ай бұрын
2:16 Here in Washington a tax auction clears the title of all encumbrances. Litter could be defined as anything left on another's property without their permission. The house is 'litter'. We know who put it there and they should be responsible for the removal. Man up and admit the mistake. And now you owe her travel expenses and legal fees also.
@ralphm6901
@ralphm6901 3 ай бұрын
Apparently in Hawaii the previous owner has the right to buy back the auctioned property within a year of the auction. That year has passed, so the new owner should have clear title.
@ostlandr
@ostlandr 3 ай бұрын
There is really no way the victim in this case can be made whole. There is a beautiful stretch of woods on our property that my wife played in as a child 70 years ago. She grew up alongside some of those trees. If somebody came in and clearcut that land, it could never be made right.
@bravedown50
@bravedown50 3 ай бұрын
Wait, how could land that was auctioned off be reclaimed by the original owner? That’s just as crazy as building on the wrong lot and wanting the lady to settle.
@TheQueenOfDreams
@TheQueenOfDreams 3 ай бұрын
I believe it refers to an estate law, which allows a period of time for heirs to be notified if property was sold at auction for taxes, to allow them a chance to reclaim their loved one’s estate. But as another commenter posted elsewhere, the timeframe is one year in Hawaii. Don’t quote me on any of that though. 😅
@l82nite
@l82nite 3 ай бұрын
This is a no brainer. The builder is wrong. If she want the house remover, they are obligated to do so. If she wants the land restored to how it was, they would have to make it so. She shouldn't have to "settle" for anything but what she wants. judge is probablt a dem and getting pressure from "the party" to side with a big political donor. city also is to blame, they didn't ensure that the house was being built on the correct lot in the first place. The builder should go after them.
@kerryedavis
@kerryedavis 3 ай бұрын
Not sure how a city ensures a builder goes on the correct land. They can show the builder all the maps in the world, but if the builder still goes to the wrong place...
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
Why are you bringing political party affiliation into this subject.
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
​@@kerryedavisThe builder didn't hire a surveyor to make sure it was the correct plot.
@heathervandewalle8954
@heathervandewalle8954 3 ай бұрын
@@LonnieBrewer-dd4wi Exactly. I took offence to that statement as they said "judge is probablit a dem". So this person is assuming political motive to side with a donor. Kind of a far stretch to reach. He could also be republican and we all know how totally upright all of them are, don't we. I don't doubt something either shady or lazy is going on with this judge though.
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
@@heathervandewalle8954 There's nothing shady or lazy about the judge. The fact of the matter is all parties need to come to a consensus.
@pepzi408
@pepzi408 3 ай бұрын
The judge is in somebody back pocket.😅
@gingw7333
@gingw7333 3 ай бұрын
Sure gives that appearance.
@jaybleu6169
@jaybleu6169 3 ай бұрын
Seems like that must be the case.
@alanrobinson4318
@alanrobinson4318 3 ай бұрын
Building that house on that lot was not a "mistake". It was, "Accidentally On Purpose".
@martinwinther6013
@martinwinther6013 3 ай бұрын
I kinda think it was an honest mistake on their part. Doesnt change a thing tho; they need to fix that mistake
@chasetonga
@chasetonga 3 ай бұрын
@@martinwinther6013Then they are as dumb as a box of rocks. With everything one has to go through to build, there is no way they had no clue.
@martinwinther6013
@martinwinther6013 3 ай бұрын
@@chasetonga you have obviously never been out on a job based on a contract. Numbers gets misplaced, papers gets turned upside down. It happens all the time
@marialeemlb1574
@marialeemlb1574 3 ай бұрын
Not only should the land owner not pay a cent - the builder screwed up and should pay the entire fee. Then the land owner should sue both parties. What an idiot builder - he is done
@Josephine-sm2db
@Josephine-sm2db 3 ай бұрын
What a stupid "mistake"
@margaretdimick2096
@margaretdimick2096 3 ай бұрын
Aren't developers required to have a property surveyed before any construction can start? I'm guessing that didn't happen here. How do you build on the wrong lot?
@FrancesBrewer-hc9mp
@FrancesBrewer-hc9mp 3 ай бұрын
They didn't! A previous article in the paper here said they skipped the surveying. They saved a few hundred dollars and now here they are!!
@JLee-rt6ve
@JLee-rt6ve 3 ай бұрын
The person who commissioned the house NEVER ONCE visited the site to see how things were going? That sounds very suspicious.
@amyntazoe9831
@amyntazoe9831 3 ай бұрын
Maybe somebody should look into and see if there is a connection between the judge and the developer... I'm guessing there is... Small island everybody probably knows everybody to some degree.
@JCcreates927
@JCcreates927 3 ай бұрын
I think they should tear down the house and give the property to the woman, oh and pay all her legal fees and rent for the time the house was on her property.
@CollectiveWesterner
@CollectiveWesterner 3 ай бұрын
The land owner should thank him for the free house, and say "Goodbye, Get Off My Property "
@kerryedavis
@kerryedavis 3 ай бұрын
But the property owner seemed to want a different house/building. Although if they want to pay her a settlement AND she keeps the house, that might be worth considering.
@LonnieBrewer-dd4wi
@LonnieBrewer-dd4wi 3 ай бұрын
She doesn't want the house, and squatter's have already been in it.
@alyssadiceflipper5201
@alyssadiceflipper5201 3 ай бұрын
Wow, what a mess.
@cdnrednek1027
@cdnrednek1027 3 ай бұрын
Just tell them that if they don't remove the house within a certain time period it becomes the property owners free of charge.
@kimkimba1131
@kimkimba1131 3 ай бұрын
I thought I read in a previous report that this company had done this before. Am I wrong? If they have, why are they still doing it and getting away with it?
@sashabell4700
@sashabell4700 3 ай бұрын
I don’t believe it was a mistake. Not even an honest mistake. Too many rules and regulations to jump through the loops. Move the house or tear it down. Her property until it isn’t.
@korgaun
@korgaun 3 ай бұрын
Nope the way to settle is for the demolition crew to come in and take down the house and restore the lot to it's original condition. Then they pay for all her legal fees and destruction of property fees.
@veerchasm1
@veerchasm1 3 ай бұрын
Crazy that they completed the house without anyone noticing the discrepancies
@gailjohnson2795
@gailjohnson2795 3 ай бұрын
Why can they not just move the house and restore the property
@AMERICANSANGELme
@AMERICANSANGELme 3 ай бұрын
It’s her land. They have no right to lay claim because they made a mistake building their house. That’s not her problem. That is her land and she has a right to tell them to leave. ,
@AlwaysPeacefulMaDeuce
@AlwaysPeacefulMaDeuce 3 ай бұрын
She has no title, so legally her ownership of the land is ambiguous. Besides, the more prudent thing to do would be to go in there by force and seize it… just like Kamehameha.
@AMERICANSANGELme
@AMERICANSANGELme 3 ай бұрын
@@AlwaysPeacefulMaDeuce i’m just so angry at all the stuff that’s been happening in Hawaii already Hawaii is my Homeland my ancestry goes way back. to where I could own land if I wanted to, but the waiting list is too long.
@AlwaysPeacefulMaDeuce
@AlwaysPeacefulMaDeuce 3 ай бұрын
@@AMERICANSANGELme hate to break it to you, but DHHL only leases land for 99y years or lifetime, which ever comes first. The original lease holder is allowed to pass the lease to their biological offspring but they still must contain no less than 25% “Hawaiian”. You may be allowed to live on the land for life, and even your child, but your grand children, forget it. DHHL gets caught doing terrible things with the land they’re trusted already. Nothing tells me it will change course unless we, as kanaka, decide to make it happen by force (like Kamehameha).
@AlwaysPeacefulMaDeuce
@AlwaysPeacefulMaDeuce 3 ай бұрын
@@AMERICANSANGELme to your thoughts on all this, I agree with you. We are being pushed out and fleeced for every bit of earning power we can muster.
@user-mc8se6uj2t
@user-mc8se6uj2t 3 ай бұрын
​@@AlwaysPeacefulMaDeuceThe redemption period for the previous owner of the lot to pay off the taxes has passed. Legally She owns the Lot.
@kyamak9650
@kyamak9650 3 ай бұрын
Since she does not have a clear title to the property and the former owner could lay claim to it in the future, it would be wise to take the money and buy a lot with a clean title.
@windycityliz7711
@windycityliz7711 3 ай бұрын
Further, the lot she bought no longer exists - it was razed during construction of the house she now wants destroyed.
@user-mc8se6uj2t
@user-mc8se6uj2t 3 ай бұрын
The redemption period for the previous owner of the lot to pay off the taxes has passed. Legally She owns the Lot.
@-AV8R-
@-AV8R- 3 ай бұрын
Basically the judge is lazy.
@bryansimmons3723
@bryansimmons3723 3 ай бұрын
If the lot is important to her then make them remove it. I am unsure why that is such a hard concept to understand. Any developer that isn't smart enough to make sure he is building on land he owns or is allowed to shouldn't be in the business.
@xlerb2286
@xlerb2286 3 ай бұрын
I wouldn't be too hard on the judge. It's somewhat common to give, after the trial has progressed and both parties understand the claims the other side is making, the parties a chance to settle before the trial concludes. It's better for the legal system if they do, no appeals, nobody claiming the court treated them unfairly. If they don't settle the judge will continue the trial and reach a verdict. And often times if there's one party that is making unreasonable settlement demands the verdict won't reward their unreasonableness, even if they win.
@fg3568
@fg3568 3 ай бұрын
Settle??!! How about you do your job Judge!! The owner should not have to settle!!
@tonyincs
@tonyincs 3 ай бұрын
Confused as to how a "judge" is confused about this.
@donjames6687
@donjames6687 3 ай бұрын
Post Private Property and No Trespassing. Arrest anyone that attempts to access your Private Property. Crystal Clear by Law. Good luck with the Oathless and Lawless Public Servants.
@AlwaysPeacefulMaDeuce
@AlwaysPeacefulMaDeuce 3 ай бұрын
They have an oath, it just one that is in conflict with the common person.
@S.Waters.
@S.Waters. 3 ай бұрын
If I were the lot owner I wouldn’t settle either.
@Loadrunner620
@Loadrunner620 3 ай бұрын
Illegally built a house on private property. Now wants owner to pay for home. House needs to be removed and land restored to original condition.
@liliachan3753
@liliachan3753 3 ай бұрын
And what did the judge say!!??? Figure it out among themselves???! That’s just lazy.
@carminaburana9765
@carminaburana9765 3 ай бұрын
The developer needs to restore the property to its original state and then walk away. Imagine suing someone you wronged!
@williamsmith8354
@williamsmith8354 3 ай бұрын
The judge is missing something very important...TESTICLES.
@Tsniaganatas
@Tsniaganatas 3 ай бұрын
How about you don't STEAL someone's property in order to enrich yourselves and give this lady her property back.
@user-xn3yq7hj2r
@user-xn3yq7hj2r 3 ай бұрын
Keep fighting
@jlee1696
@jlee1696 3 ай бұрын
Why can't the developer pay to have it moved over to the correct lot? That is possible.
@techwhipped
@techwhipped 3 ай бұрын
Simple solution the developers should offer to move the house to the correct lot.
@superdave2316
@superdave2316 3 ай бұрын
The idea that a previous owner could claim the lot after a tax auction is ridiculous. When you buy a property at a government tax sale it should (and does everywhere else) come with a clean title.
@rickuyeda4818
@rickuyeda4818 3 ай бұрын
"Settling"? That ridiculous!!! The Developer screwed up!!!
@Jon.......
@Jon....... 3 ай бұрын
The previous owner's "right of redemption" (the right to buy their property back from the auction winner) expired a year after the auction. So what's the REAL reason?
@stevepotempa7835
@stevepotempa7835 3 ай бұрын
Simple. Move the house. They do it all the time
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