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To: pops88

The owner of the parcel is clearly not the bad actor in this case.

She legally purchased a parcel, at which point an unrelated third party, Keaau Development hire a general contractor, tells him to build a house on that particular parcel and then has the gall to sue the property owner for “unjust enrichment”, due to the “benefit” of the new house that had been (illegally) constructed on her private property.

You could (maybe) argue that she had a duty to secure the parcel from trespassers, though in this case the construction was undertaken while the State of Hawaii was making travel from the mainland expensive and difficult. On the other hand, the developer could have avoided the whole thing by paying ~$2,000 for a survey to clearly identify which lot belonged to the developer, and which lot was someone else’s property.

My bet is that if you went on vacation and came home to find a second unit built in your back yard you’d take exception to that, just like this lady did.


16 posted on 06/29/2024 1:06:24 PM PDT by absalom01 (You should do your duty in all things. You cannot do more, and you should never wish to do less.)
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To: absalom01
On the other hand, the developer could have avoided the whole thing by paying ~$2,000 for a survey to clearly identify which lot belonged to the developer, and which lot was someone else’s property.

This was more egregious than that. Even without a survey, anyone standing in the footprint of the planned house holding a GPS unit (or a GPS App on their smartphone) would have known that the were standing on someone else's property.

20 posted on 06/29/2024 1:37:22 PM PDT by T.B. Yoits
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