She should be completely excused from any liability under the lawsuit. She also has a case for damage to her property against the real estate agent who sold her land without her consent. She did nothing to contribute to her own injury though so she should have no liability.
The Developer should be allowed to move the house or if that is impossible, to deconstruct the house or sell it to her at a loss.
The real estate broker is the one totally responsible and should the only one sued by both parties: the developer should sue them for the cost they paid for property and construction of the building, the property owner should sue for any current increase in property taxes & costs of removing the building if she so chooses. If she chooses to keep the building she sues for one years taxes only. The developer has no right to the building they built on her property, only the right to sue the broker.
We had a similar case here in Florida a few years back in the county next to ours, although with a slightly different twist.
A plot of wooded land was subdivided into lots for a new subdivision.
A man bought a lot at the end of a cul-de-sac as an investment.
A builder bought a lot next to his to build a house.
The construction crew came and cleared the wrong lot, laid the foundation and began the construction.
The man that owned the lot came and saw the construction going on BUT DID NOT ATTEMPT TO STOP IT.
Instead he let them finish the house, then tried to get ownership through the courts, but the judge slapped that attempt down, making the two parties trade lots.....................
Having said that, I can envision several scenarios where the owner of the property may have some partial liability in the matter. Maybe she owned the property through an LLC that wasn’t properly registered, or had the wrong address listed in the public records and she didn’t respond to certified mail inquiries. Or maybe the title itself wasn’t properly filed.
There’s also a good chance the plaintiff is hoping she has a title insurance policy that could be tapped for a claim here.
At the end of the day, it sounds like the real estate agent’s professional liability coverage should be the primary avenue for a financial settlement.
well, if someone went through the process of getting the title deed to the property, then the owner is out. That is what the company title lock is all about. So, it’s not as cut & dry as it may seem. I mean they now will allow someone to become a squatter, even if you were gone from the abode on a vacation.
They bulldozed the lot! How are they going to "unbulldoze" it?!
Many people bulldoze their lots before building. Many don't, or do it only partially - they want to preserve the natural appearance.
I've done both.
Regards,