Motion heard to tear down brand new home built on wrong property 

They are not identical. It’s hers, remove the home

The lot is hers period….she paid for that lot

She didn’t give them permission to build on her land. They should tear the structure down and provide mitigation of all environmental losses

Developer is a squatter, in my opinion.

The developer messed up, so the developer can take it down, AND pay the land owner's legal costs.

None of this matters. That is HER property. Tear it down if that is what she wants. It's absurd how long this is dragging out.

Building without a survey is the height of incompetence, how was building even approved? Just looks like a shady land grab by the developer.

It’s a tactic to acquire desirable land that the owner doesn’t want to sell.

It seems obvious that they have wrongfully built the house on the wrong land due to negligence and corner cutting. If the land owner doesn't want the house they should be required to remove it.

The builder is totally incompetent !! The city inspector has paperwork that shows all the information, doesn't know his job!!!

The developer did this on purpose, she needs to be compensated for pain and suffering and punitive damages.

It should be tore down and the land restored to its original state, period.

Identical lots? The lots are stacked upwards in that specific location is probably what they meant. Stop with this nonsense and demolish the house because of incompetence.

No Surveyor? Among a 8,000 identical lots ....Crazy, Crazy, Crazy. The Survey cost to stake this lot would have been ~$1,500.

I pray they paid for her legal charges and tear the house down without damage to the land.

Since they said it happens a lot, maybe they intentionally built on the wrong lot, hoping she would take the other lot. It’s her’s, take the house down.

I find it ironic that their argument is that this has happened previously and they always worked it out by essentially trading lots. Doesn’t that just prove her case that they don’t do enough prior to building to ensure they are building on the lot that they have been hired to build on? Ridiculous on their part.

If the builder's claim is that the lots are fungible, then the builder can pick any other lot. Strangely, they seem focused on that ONE lot where the house is. Wonder why? Maybe each lot is NOT identical, as they claim.

"Working it out" can certainly include removal of the home. Not her problem to pay for someone else's mistake.

What a Waste of Taxpayer Money. Stupid Builder should Pay ALL Cost including ALL Court Costs and Attorney Fees. Any Other Stupid Questions ? 🤪👎

If she doesn't want to change lots, she doesn't have to change lots. It's not her fault that the builder made a huge mistake.

Not all the lots are the same. The danger is if the developer gets away with this they are going to poach prime lots and want to trade for one with a Puka full of junk cars.

If there are 8,000 supposedly identical lots, maybe the builder should have put a home on one of them, instead of on one that someone else already owns.

Doesn't matter if there are several "identical" lots that she could take in a swap: if she doesn't want to swap, she shouldn't have to.

Sending prayers for the land owner. I hope that she doesn't back down. She is in the right. I would be very concerned and disappointed if the court sides with the developer.

I think they did it on purpose...banking on the notion as said by the reporter ''everybody always works it out'' . Not now. I wouldn't back down either, they built where they weren't supposed to!! end of story. Personally, I'd be tempted to burn the house down

She doesn't have to negotiate with the developer at all. He seems to think that she should because that is how was done in the past. I'm thinking that this wasn't a mistake and that he figured that he could get a good deal on this later.

It's happened before...MOST IMPORTANT STATEMENT IN THIS STORY...WHY NOT CHECK BEFORE CLEARING???

The audacity of the bully developer to think he can force the owner to accept another lot. She should be compensated for any damages, loss of trees etc…and incur no legal cost, at all

There are 8,000 lots yada yada yada and he still built on the wrong one

If you listen the relator testified this happen before and others worked with the developer. So, who's not to know the developer built the house on a property that value more on location knowing they did it before for other to give up the property for some other deal. Sound like they been doing this scam years and getting away with it, but at the end of the day the developer admitted he made the mistake and should in good faith remove the house off the owner property period.

I hate that they scraped her lot bare. It looks AWFUL now.

If, as the builder says, there are 8,000 other identical lots there, why didn't he just build the wrong house on one of those? The guy's a douche and should pay for everything associated with this case, including court costs and the owner's travel expenses to and from the mainland.

Ive traipsed most of HPP before they paved the main roads and so did my relative (as a surveyor placing the original corner pins). Whoever said those "8000 lots were identical" WAS LYING. There's a huge variation from one lot to the next and most of the usable lots have been taken. To have a pristine, never-dozed lot with ohia trees is a rarity. To have one of those that is potentially construction-worthy (without flooding, huge cracks or tubes, or slope irregularities) is a true gem rarity. What that contractor did WAS CRIMINAL, not just to the owner but to the landscape as well. Call in as a witness one of the original surveyors if they want the truth and facts about this ecosytemically diverse subdivision.

I Hope the woman wins. The builders were WRONG. They built on the wrong lot. THEIR F-UP.

She can't sell the lot without a proper title and keeping the home there may induce the previous owner to redeem it so she has been damaged by the home being built and she wants only to be made as whole as possible so destroying the home and restoring the flora is the solution plus some cash for the trouble they have caused . Accepting another correctly titled lot might seem the most logical solution but she doesn't want that so they should tear down the home.

I’ve been in the construction business for decades and I’m still trying to figure out how you can go through the long process of permits, inspections, installing services, pouring foundation and building an entire house without anyone noticing you’re on the wrong property. Anyway, it looks like a pretty basic house so I guess someone’s going to eat the cost…probably the subcontractors and trades who’ll each get ripped off for their final payment, as usual with dodgy builders.

Move home and restore flora pay her some money for your negligence be a man

The remedy here is to clear the house off the lot, restore it as much as humanly possible, compensate her for the reduced value, and her lose of use of the land for these years, then move TF on.

no friggin SURVEY ??????

This is wrong in EVERY POSSIBLE WAY. They trespassed and build on her land period. Stop bullying her and knock the house down and restore the land. You builders may thing you hold all the cards but Satan has bought your soul, the consequences will be eternal.

An experienced structure moving crew can move that house and keep it in tact, slight modifications after moving and setting up on new footings/foundation but it is possible to move that house and the cost would be a fraction of building it.

It's her property and she's not responsible for the negligence of others.

This should not involve a hearing. The contractor stole the land and built the house. There is no negotiation for this. The contractor should be in jail and the lot should be being restored already. The jurisdiction that allowed this and inspectors who inspected it all need to be canned.

Not understanding why this is even an issue. The builder should’ve said oops, sorry, and removed all trace of it as soon as they realize they had made the mistake.

they tried to charge her for the house instead of just bite the bullet. now they get to restore the property which is much more costly.

Those other 8000 lots are not hers. You can’t ignore people’s legal land rights. You don’t get off by saying what’s the big deal.

developer just went bankrupt...

She pays the taxes on the property, she needs to start paying insurance on the house and she needs to post the property no trespassing. Every community has different laws but if an object is left after so many days, the property owner gains possession of such item. I would definitely fight for that house and property and the parties involved made a costly mistake.

If I were her, I'd sell the property with the home on it and make a huge profit. It's a free home for her.

There is insurance that will pay for the house to be removed, the consruction company could not do business without it. The Developer wants the land, so hes trying to take it by fait acompli.

How about moving the house from her property and return the to a previous state as per the land owner. Homes are moved all around the world almost daily, the property developers still have a newish home ready-made and after cleaning up the land and returning it as per the land owner found it. I know at this point the land will never be the same to the land owner but it's the closest to making it right without finding another property that the owner would be okay with

The property owner should get to choose since it's on her property and the builders would have to trespass again to demolish the house.

It should be interesting what the court says, since she did not get a clear title. Yes the contractor had no legal right to build on the lot.

When you fear integrity and accountability, you are NOT the good guys.

Wheres the common sense? I wouldnt even need a lawyer if i was her

Too bad for the developer. Jerk didn't check and didn't care. The person he built it for was the one who wanted that lot and none other.

Why is a motion filed in the first place? If I found that on my property I wouldn’t say a word to anyone, at all. Zero complaints from me. I would just rent a dozer and remove it. The end.

Give back her land, and give her that house too.

If the owner of the land don't want the house it is really not that hard. Tear it down. But it is complicated that the land can be redeemed by the previous owner.

If you make something for a C/O and you get it WONG guess what happens they return it till its built right or go somewhere else Period The end .

Should not even be in court. She owns, get the house off. She should not have to go through this.

Tear it down or it's her's. They are going to take her land though.

Of course the developer is spiteful enough that he would rather see the house torn down, rather than her to end up with it without having to pay them what they want for it. wake up America

If she bought it with no clear title, then it's not 100% hers yet. The lot was bought for $20,000 at a tax auction and apparently, the former owner (or estate of the former owner) could always appear sometime in the future and lay claim to the property sold at auction. In Hawaii, the state law protects the previous owner's rights.

all improvements built on a property become the property of the land OWNER

Why would she want that house? Now the property tax went up due to that wrongful construction. Sheesh.

These bully tactics is exactly how greedy builders will start stealing peoples property. Their error, why should she move.

This is disgusting. The judge needs to grow some and throw the developer's attempt to sue out of court and find in favor of the landowner for her suit. What a waste of time and money. Where's the common sense?

If this were my property I would just say thanks for building me a new home and move in.

It is very weird a builder would build a home on a piece of land without an official and approved land survey. Then contacting the land owner directly and consulting with them about a home to be built on their land!

So wasteful but they tried TO STEAL HER LAND

So a developer can build a house anywhere, and sue the owners of the land? Really?

It doesn’t matter. It’s her land.

They should have to replace all the vegetation the removed if they take the house down

I think the house should be torn down and the woman awarded all attorney fees. The realtor’s statements should be dismissed. It really doesn’t matter if “I” think two lots are the same. The lady bought THAT lot and wants THAT lot. Personally, I think the wise thing would be to take a substitute lot that can get title insurance. But… she has every right to choose her path.

She is under no obligation to bend to the developer's will. It sounds as if the lot IS in fact special if the developer is trying so hard to gaslight her into trading lots.

torn down no matter what she is the legal property owner

Hard to believe that the developer would put up a fight. The state and county should both cancel the developer's business license.

A survey is not necessary. The survey was performed when the lots were described. What the developer needed was someone who knows how to read a plat map. It is a matter of matching up the corner markers with the markers described on the map. The developer miscounted lots from a road intersection or perhaps thought he was building on the lot that is actually across the road and he was holding the map upside down. Dunce.

What a waste to tear down a completed house. AND it will cost $ to tear it down and remove. Too much drama from someone? My guess is some hysterical dimbulb is behind this.

Sounds like a free house to me.

When all said and done, only the lawyers will share in the spoils.

Doesn't matter HOW many "identical lots" there are, THEY screwed up.

And none of the other lots are identical in latitude and longitude, which is what she's arguing in court. And they're like, well what is the name of this blade of grass?

Move it! They can move it! Plenty of companies will do it. Outrageous.

There is no reason why she should have to take another lot.... Its her's and as far as the tax auction goes evidently this has been going on for years so why would this be any different so that means all the other options would have the same deal you couldn't buy a piece of property to build on because the previous owners could come back the way it is normally they have exactly one year if you don't pay your taxes in one year you no longer have the option to come back to get your property

Not sure how this is even in court. She did nothing wrong and the developers are banking on her just taking another lot, which they have said they have done in the past...so this is a thing they do on purpose, this time the gamble didn't work in their favor. They screwed up being haphazard and thinking if they make a mistake it doesn't cost them anything; however, the person with the land may be connected to the land and want that spot. Doesn't matter if others are willing to trade. It comes down to the owner and if she does. IF she doesn't we as a society shouldn't force her to give it up because it may cost someone else money. Maybe that company shouldn't have not done the right thing with figuring out the land they have a right to build on and the one they don't, how much is it costing in attorney fee's, etc. I hope she wins this case, it will set precedence on the construction company to actually do their job and not do what they have done this time and in the past. I do not understand the point of making her give up something over something wrong that they did....that only enforces their bad behavior.

Doesn't it ring alarm bells that this was a deliberate act by the developer when part of the developer's comments says this has happened several times before "but they all worked it out"? Seems it is a land grab by the developer hoping they can weasel their way into getting the land.

Why? ?why doesn't the company just lifo it and move it to the right lot on a new foundation?

I don't understand how it's a issue remove the home, what's to work out? Corners were cut, people needs to be held accountable. I don't think she should be bullied into this by a wealthy developer.

Why don’t they move the house off the lot and return the lot to its original comdition.

The contractor counted telephone poles, rather than having a survey done.

It's happened before so they thought they would get away with it.

Name the developer. They need to pay for ALL of the owner's expenses. Plus hardship & suffering.

Take it down. She wants it down. End of story

The value is with the owner and nobody else. Leave her alone you’ve already done irreparable damage to the land

The developer is a bully. They knew what they were doing. She should have no obligation to fix this mess. It should be all on them. They are in the wrong. Tear it down and have them pay for all her time , suffering & damages.

Pay her. Remove the house. Restore the land

Move the house before said "date" or forfeit to the land owner. Simple. This is fishy and should be investigated. The developer obviously chose this lot and had a plan to take it. When will the islands be free of corrupt business-folks acting without consequence? Take Take Take. This was a scheme not a mistake.