Court orders deconstruction of Big Island house built on wrong lot
By Jeremy Lee
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HAWAIIAN PARADISE PARK, Hawaii (KITV) — A Hawaii County judge ordered an “illegal” house, built by mistake on the wrong lot, to be removed.
The house itself cost roughly $300,000 to construct on a one-acre lot worth approximately $100,000, on the current market with clear title.
The mistakes made by the developer and construction company may amount to even more, as the court has left the door open for the lot owner to seek further damages.
The 15-page ruling, on a court motion by lot owner Annaleine Reynolds, grants an injunction — and also squashes the case that the developer filed against her.
The ruling cites that the developer and construction company assumed the risk of building the home without a survey. Instead, the contractor counted telephone poles in Hawaiian Paradise Park. The home was then built on the wrong side of the pole.
The court ruled the construction illegal, citing that the county testified that the permits were granted for the adjacent lot, owned by the developer.
The judge denied, however, Reynolds’ motion that the lot be restored to its previous condition in terms of flora and fauna.
The developer had sued the lot owner after negotiations failed. The developer’s attorney had argued that Reynold’s title to the land was not valid, bought at a tax auction.
The judge ruled the burden of proof had not been met for this assertion.
Reynolds is the owner of the lot, though, per Hawaii Tax Auctions, the title is not clear and the auction property can be claimed by the estate of the previous owner in the future. Reynolds purchased the lot in 2018 for $22,000.
According to court filings, taxes went up from $400 annually to $4,000 annually, after the house was built.
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