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I will preface this with this warning because I know in advance this will be a hot take
I think she's being unreasonable. No if ands or buts, I agree with the company that is suing her, this does not mean that I agree that they should have built the house in the first place; because it was not their property. However, they have tried multiple times to reach a resolution with her that would help both sides, she has turned down every offer so far stating she didn't want the house there in the first place.
This is a reasonable response, however let's go over what she's turned down so far:
she has turned down an offer of another plot of land, which was offered free of charge and still in the same area that her other house was which she has turned down because the coordinates are against her zodiac signs.
They have offered to sell her the house at a discounted value, what she is also turned down not because she doesn't think the house shows value, but because “It would set a dangerous precedent if you could go onto someone else’s land, build anything you want, and then sue that individual for the value of it"
This would be 100% understandable if it weren't for the fact that it is very clear that this was not their intention and also not what they are doing, they are suing the discounted value of it because they know they fucked up.
I agree with the company accusation, she is trying to take advantage of what was a mistake, if she truly felt the way that she feels she would bulldoze the lot or be trying to work with the company to have them pay for bulldozed costs, neither of which have been publically stated(not that the company would agree with bulldozing it). She wants to take advantage of this mistake and get a free 500,000 house out of it. I will be interested how this plays out in court, I'm not a lawyer but I hard disagree with this case being an open shut case like the practicing attorney video posted in another comment.
edit: to save people asking me for the eighth time the same question, yes I understand she has no obligation to propose a solution, but the fact that she has not done so also indicates towards the intent.
Nope she has every right. Trying to make things right doesn't make things right, don't fuck up and if you do especially as a company pay the fuck up.
I also dislike that her not wanting a property against her zodiac sign is supposed to suggest craziness. If someone said they didn't want a house near a cemetery or pork factory for religious reasons we don't question it, if anything we understand that. Let her have that space too all religions are goofy as fuck.
I'm not sure if you're saying that I'm suggesting that it's crazy or if you're just stating it so I'm responding, I'm not saying that it's crazy one way or the other I'm just stating what she gave as the reason for it
I think we can both agree that the valid outcome of this will be that the property will be bulldozed but the fact that she hasn't suggested is herself suggest that she might want the house there she just doesn't want to pay for it.
She has no obligation to suggest anything here. And the valid outcome is that they rebulldoze (since they did that when building) de-landscape and then relocate and replant any and all plants. She already has the house, it is crazy to me you can have a take so hot and yet so very wrong.
She's not under any obligation to do so
This was a business transaction, that was handled poorly. The onus is on the company selling the product.
Don't purchase victim blame.
I'm not purchasing victim blame I'm stating that they've acknowledged they fucked up they've tried to fix it she has not stated she wants it bulldozed nor has she accepted any of the Alternatives that they did.
Being as she was informed of this mistake last year, she has had ample time to either propose a solution on her end or accept a solution on their end she has done neither. Which is why I led to my conclusion that she's trying to get a $500,000 house for no cost
They have sued her because she's not being cooperative in any form, and then when she remained being non-cooperative they sued everyone else involved to make it so the legal system decides if she's being unreasonable or not
No shit, and she has zero obligation or responsibility to. Keep in mind one of the "alternatives" was that she bought the house they illegally built on her land for a discount....
Yeah, this is just straight up a scam, she has no obligation to buy their fucking illegal scam house. House belongs to her, in my opinion, if she wants it, and if she doesn't, it's on company dime to bulldoze the entire thing, clean the lot, reseed it, and pay back the tax burden they forced.
Don't forget the possibility of treble damages. I am honestly shocked that anyone can look at this and side with the developer.
So then if they are being unreasonable her suggestion should be that they pay for the bulldoze correct? unless I missed it somewhere I have not seen it posted she suggested this at all.
Once again, she is under no obligation to suggest anything. The developers here did not make an oopsie this is full blown criminal and they are lucky that the law does not treat companies the same as individuals. If you or I did anything like this (trespassing, conversion, destruction of property, extortion, fraud etc.) we would not be free to carry on.
like stated prior, while she is under no obligation to suggest anything, the fact that she did not at all indicates her intention
And her intention has nothing to do with anything in this case, no ones intentions here do. This is sadly not a criminal matter (it should have been) so other then modifying damages intent has no real bearing here.
You do understand that she has no obligation to do so, right?
Could you literally respond to that question in a yes or no manner.
yes.
Thank you for responding, specifically and concisely.
Your 'purchase victim blaming' because you keep putting (per your comments to various people in this thread) the onus on her to resolve the situation, when she has no obligation to do so, and when it's the seller/developer that has the onus.
The effort should be on them, and it should be whole and complete, and not substandard/lesser.
Sorry, I know I'm not amazing at explaining things.
I'll try rephrasing as a question. What should the company at this point of time do?
The company incorrectly built a house on the wrong property plot, they realize their mistake far too late in the process due to someone's negilance along the process whether it's the development company or the construction company maybe even both.
They have reached out to the person whose life they fucked up basically because they now have more in taxes and also now have to deal with squatters and vandalism on the house that they have stated they don't want.
The landowner has refused to talk it out with the company at all regarding any type of suggestions it's just been a straight no to any proposal(which as stated multiple times already they were not obligated to do I understand this) while also not bringing anything new to the table including anything to do with restoration or bulldozing(again not obligated)
Aside from bringing into the legal system what can that company do?
I said before I think the right thing to do is completely bulldoze the lot to allow for the landowner to build what they want on it, but I find it very very weird that this is not been proposed by the party that would be most likely beneficial from this transaction
Honestly, to me you're crystal clear, its just people, including myself, are pushing back for the reasons I've stated before, and again below.
You just did it again. You are purchase victim blaming.
Its not her job to propose anything, its the company/developers. She doesn't have to propose/negotiate ANYTHING, they have to offer a recompense that she is satisified with and makes her whole. The onus is on the company.
They in fact did not reach out at all. The property owner found out from the realtor who sold the house and not even in a we fucked up way. From the article above:
She was unaware of the construction until she got a call last year from a real estate broker who had learned of the mistake.
“He told me, ‘I just sold the house, and it happens to be on your property. So, we need to resolve this,’”
I am under the understanding that they were not even aware of the issue until that point, but I could be wrong there.
That would be negligence if true then. The point still stands that the developer was not the one to make contact, it was the realtor (who would be working for their and the developer's benefit) who reached out and tried to put the onus on her from the get go.
The development company is suing everybody, including the children of the dead guy who sold her the land, and she's the unreasonable party?
I'm not saying that she's the only unreasonable party and the company itself is definitely being unreasonable as well, I just definitely don't think she's helping the matter at all. Especially since this likely will be brought up in the hearing
I think her position is eminently reasonable: You (the development company) have damaged my land, deprived me of the use of it by putting a house in my way, created squatter problems for me, and stuck me with a huge tax bill. Fix it.
Still wondering on what she is doing here that could be construed as unreasonable? Was it that she did not go along with what ever the company offered? Was it that she hired a lawyer? Was it when she was shocked and sicked someone did this to her?
Please tell me what actions she took that caused this incident. It does not matter what the other parties want or think is reasonable, It does not matter that they think she is taking advantage, as they would have to prove she did something or failed to do something to instigate this issue (good luck with that).
Also as pointed out their intention does not even come into play here, neglect in this matter will have the same ruling.
She doesn't want the house, she has no obligation to pay for it or be given an adjacent lot. She is the one that should be sueing instead. She has every right to be made whole at the developers expense.
What I mean by that, is that since she doesn't want the house the developer is on the hook to demolish it and restore the land to its former condition.
Taking then adjacent land may not even be equitable. It could be less desirable, more difficult to build on, have different drainage, inaccessible without going through an easement. Any number of things.
The developers should also be in the hook for the increased property taxes.
Intent to do what? Are you trying to suggest she had a hand in this fuck up? Like she swapped signs to the lots loony toons style?