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john t or mike(wa) legal opionion

glennster

glennster

Well-known Member
saw this on the news today, two adjacent lots in florida, two different owners. one guy has a house built but surveyors screw up and house is built on wrong lot. now what? coffee clutch this mornings legal opionions, tell guy to pound sand and keep house, sell him lot for a big profit, or just switch lots and have survey company pay all expenses. heres a link to the article. bein you fellers are in the know, curious how this will pan out.
poke here
 
The law is well settled in such circumstances.

How this dispute is settled will depend upon economics and egos.

Dean
 
Would love to play, but getting ready for the movers for my office tomorrow- if I don't tarry, I may get home by midnight!
 
I always found that an interesting situation. The builder might like to talk about the legal doctrine of "Unjust Enrichment". In other words it may NOT (subject to the common law in that jurisdiction which I haven't studied) be as simple as the lot owner gets a free house period. On the other hand, if the lot owner is innocent, had no knowledge whatsoever, and can come into Court with "clean hands" the Courts sure wouldn't let him loose in the deal. The attorneys may simply negotiate a settlement, the builder could end up paying a "premium" for the lot, or the lot owner could get a "good deal" on the house??? A quick settlement would beat the high cost of litigation. I would have to study the Common Law in the jurisdiction, but that's basically what I recall in our state.

John T
 
JohnT,
Years ago a contractor built a resturant for a guy and the contractor went belly up, didn't pay the lumber yard. So the lumber yard put a lean on the building. The guy who had the resturant built had to pay twice, the contractor who charged him for the materials and lumber yard.

So if the contractor who built the house refuses to pay the lumber yard, then could the lumber yard place a lean on the house, even though it was built on the wrong property?

For this reason when I have something built, I will only do a cost plus contract. I pay for the cost of materials myself. Contractor only charges me for labor. So the guy who thinks he is going to get a free house, may be in for a shock.
George
 
Without researching it whatsoever, I'd take an "educated guess" a lumber yard would want to place a lien on the lot where the house sits that he furnished materials for. If he furnishes materials for a home, wherever that home is located is where the lien would be filed, NOT on a vacant lot somewhere that doesn't contain the lumber he furnished.

John T
 
The city of Troy, Michigan found itself in a similar situation when it built a new transportation center on land it didn't own.

The city had entered into a consent agreement with a developer, who was allowed to build a major development in exchange for a piece of property on which they would build the transportation center. The catch was the city had to get the center funded within the next ten years. Years went by and finally there was funding, but the current tea party-dominated city council and tea party mayor turned down federal funding for the center. This ended up with a recall election and a new mayor, so the center was finally funded and built. Meanwhile the ten years had elapsed and the developer wanted its land back. The city went to court to take the property via eminent domain and lost. In the end, it cost the city a little over a million bucks to buy the land it had originally got for free.
 
JohnT,
Come to think of it, I know a man who a person filed a lean on him, but the person filing the lean got the address wrong. I can't think of the legal term, statute of something, where you have a fixed period to file with the court. I think in Indiana it's 2 years. So after 2 years the man who owed money went to the court and told them the person who filed a lean got the address wrong. Court threw the lean out. Guess your educated guess, the address of the land is where you file.

It will be interesting to see how things shake out in Florida. I don't think the person will get a free home because of the mistake. Everyone who had anything to do with the home could file leans. That could put a monkey wrench in the idea of a FREE home.
George
 
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