Additional Coverage:
- A Hawaii judge ordered the demolition of a house after a California woman bought a vacant plot, only to discover the building on her land (newsbreak.com)
A Hawaiian construction firm has been ordered by a judge to pay for the removal of a house it mistakenly built on a parcel of land not owned by its client. The ruling comes after the firm inaccurately placed the home due to a misinterpretation of lot boundaries indicated by telephone poles.
The plot in Hawaiian Paradise Park on the Big Island, bought by Annaleine Reynolds for $22,500 with plans to create a family and women’s retreat, became the site of an unintended new build. Reynolds, a California resident, discovered in June 2023 that a house estimated to be worth around $500,000 had unexpectedly been constructed on her land.
PJ’s Construction, hired by Keaau Development to construct a dozen homes in the area, erected the dwelling on the incorrect lot – Lot 114 instead of Lot 115 – based on the faulty identification method, according to court documents. Patrick John Lawrence, Jr., the proprietor of PJ’s Construction, learned of the oversight only after the sale of the house when notified by a real estate agent.
Following the mix-up, Keaau Development initiated legal action against Reynolds, alleging that she had unfairly benefited from the construction on her plot. However, Judge Robert D.
S. Kim decreed that PJ’s Construction is responsible for demolishing the structure, a task for which it might later recoup costs from Keaau Development through legal proceedings.
Reynolds’s request for the restoration of her land was also acknowledged in court filings. The construction process had eliminated all native vegetation and led to an invasion of Albizia trees amid prolonged neglect. Despite additional constructions like a septic tank and a water catchment system, Judge Kim indicated it was “impossible” to return the lot to its natural state prior to the development.
Kim criticized the disruption caused by the companies, detailing how the development had increased Reynolds’s property taxes and led to evidence of squatting. He condemned the decision to proceed without a proper land survey as an attempt by the companies to lower building expenses. With the construction permits incorrectly issued for Lot 115, the house on Reynolds’s land was deemed illegal.
As the legal battle continues, with a trial conference slated for late July, Reynolds’s attorney, James D. DiPasquale, lauded the court’s verdict, highlighting its potential impact on ensuring accountability within the construction sector. While restoring the land to its former status is unfeasible, the decision reinforces the significance of adhering to property and zoning regulations.
Attempts to reach attorneys for PJ’s Construction and Keaau Development for comments were made, but responses were not immediately forthcoming.