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Post by librarylady on Mar 29, 2024 12:40:59 GMT
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Post by iamkristinl16 on Mar 29, 2024 13:02:36 GMT
I’m sure there is more backstory, but it seems that she should get the house and then can just sell the house and land for a profit. Then buy another lot.
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iowgirl
Pearl Clutcher
Posts: 4,122
Jun 25, 2014 22:52:46 GMT
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Post by iowgirl on Mar 29, 2024 15:37:39 GMT
I’m sure there is more backstory, but it seems that she should get the house and then can just sell the house and land for a profit. Then buy another lot. That was my first thought. But if it is a very desirable piece of land, and you don't want it developed - this is a way around that for developers. Ooops - we built on the wrong land, but we will buy it from you. Then they get their foot into an area that you want to keep them out. Even if the developer is not buying it back - it could be a shill bidder or someone who would just resell it to a developer. I would make them tear down and restore the land. Although it is highly unlikely that something could ever 'accidentally' be built on our land, we have people really try to strong arm us into selling pieces they want to build on. We will never sell. We have pasture lands near the river that have never seen a plow. People want to buy it to build their house on. Nope. No way. Don't want them anywhere in our land.
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Post by epeanymous on Mar 29, 2024 17:25:50 GMT
All I know about property and contract law I learned in 1997 but I don’t understand why the developer isn’t just responsible for all of the costs here including tearing down the house? They made the mistake, and you can’t just build a home on someone else’s land.
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Post by lesserknownpea on Apr 5, 2024 9:14:30 GMT
Wow. Hopefully, the judge will see that the only one for sure not at fault is the property owner. The nerve of the developer saying, “ the house ‘happens’ to be on your property. So we have to resolve this”. Happens , my eye! Parking in someone else’s spot is a mistake. Choosing to cheap out, or more likely, forego a surveyor because you want that prime lot is a decision.
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Post by peasapie on Apr 5, 2024 11:31:21 GMT
And they got a building permit!
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Post by revirdsuba99 on Apr 5, 2024 14:08:53 GMT
Wow. Hopefully, the judge will see that the only one for sure not at fault is the property owner. The nerve of the developer saying, “ the house ‘happens’ to be on your property. So we have to resolve this”. Happens , my eye! Parking in someone else’s spot is a mistake. Choosing to cheap out, or more likely, forego a surveyor because you want that prime lot is a decision. Well with all the squatter issues popping up where people just move in and claim they are tenants. The owners can't evict since the squatters claim tenancy. I think CA may have that issue. I know there is a case in NYC where the owner died, the DD showed up to make the house ready for sale, found people, changed the locks, police were called, squatters claimed tenancy, owner was arrested for changing the locks on her 'tenants'...
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Post by littlemama on Apr 5, 2024 14:35:45 GMT
The developer didnt want to get a land survey. That right there makes it their responsibility in my opinion.
The owner of the land has NOTHING to do with any of this and she should be suing to have the home removed and to be reimbursed for the incresed taxes.
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Post by ntsf on Apr 5, 2024 15:20:03 GMT
the woman who owns this lot lives in bay area so lots of reporting. she bought it for a retreat center and it has special feeling for her.. so she didn't want to switch lots. I think she can force them to tear it down and get her costs. she is being sued by the developer too.. as an illegal gain cause they built on her lot.
such a mess
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Post by revirdsuba99 on Apr 5, 2024 19:24:56 GMT
the woman who owns this lot lives in bay area so lots of reporting. she bought it for a retreat center and it has special feeling for her.. so she didn't want to switch lots. I think she can force them to tear it down and get her costs. she is being sued by the developer too.. as an illegal gain cause they built on her lot. such a mess The problem is that she will be spending a fortune to fight her battle and the developer knows that, as do all the other litigants. Unless she is extremely wealthy she could lose it all.
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Post by Bridget in MD on Apr 5, 2024 21:40:53 GMT
All I know about property and contract law I learned in 1997 but I don’t understand why the developer isn’t just responsible for all of the costs here including tearing down the house? They made the mistake, and you can’t just build a home on someone else’s land. I agree, especially when I saw this: An attorney for PJ’s Construction said the developers didn’t want to hire surveyors.I have no idea why they wouldn't want to do that but I would also assume a survey had been done on the land when she purchased it, so she knew what parcel of land she as buying?
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