My House is on a state highway...

[canofwrmshawaii]

What is the name of your state (only U.S. law)? Hawaii

The nation's largest landowner here in Hawaii gives out land leases to tenants for up to 55 years. I am the (3 year) owner of a land lease. Recently the electric company decided to plant a pole next to my house, announcing "your house is in a country road". I panicked,
called the country, they said this isn't a country road, it's a small dirt road running parallel to a highway. Turns out it's a State Highway. When the new road went in, our old road had been the old highway.

The electric now has to get a permit to put in poles on a state highway...a different ball of wax. They're stopped. My issue is, MY HOUSE IS ON A STATE HIGHWAY, NOT SIX INCHES, but 25 feet, w/setbacks. The highway cuts my house in half.

My question is, does this big land owning non profit charity have to take responsibility for not telling me the house (they have been collecting lease payments on for 30 years), and
has been charging me for 3 years, and if the state makes me tear it down, do I have a rescission of sale with the land owner, or the people who I purchased from?

It seems that if an owner has been charging rent on state property that the liability could
be pretty huge for the state, and what about all the money the big landowner collected
from the house on state property?

The people I bought it from put "no encroachments' on the disclosure statement.
The land owners are very bad, indiscriminantly suddenly decided not to renew any of the leases for people who own under two acres. My 100$K investment is zero now. I don't even know if I own the property ? What can I do?

 

[cyjeff]

What is the name of your state (only U.S. law)? Hawaii

The nation's largest landowner here in Hawaii gives out land leases to tenants for up to 55 years. I am the (3 year) owner of a land lease. Recently the electric company decided to plant a pole next to my house, announcing "your house is in a country road". I panicked,
called the country, they said this isn't a country road, it's a small dirt road running parallel to a highway. Turns out it's a State Highway. When the new road went in, our old road had been the old highway.

The electric now has to get a permit to put in poles on a state highway...a different ball of wax. They're stopped. My issue is, MY HOUSE IS ON A STATE HIGHWAY, NOT SIX INCHES, but 25 feet, w/setbacks. The highway cuts my house in half.

My question is, does this big land owning non profit charity have to take responsibility for not telling me the house (they have been collecting lease payments on for 30 years), and
has been charging me for 3 years, and if the state makes me tear it down, do I have a rescission of sale with the land owner, or the people who I purchased from?

It seems that if an owner has been charging rent on state property that the liability could
be pretty huge for the state, and what about all the money the big landowner collected
from the house on state property?

The people I bought it from put "no encroachments' on the disclosure statement.
The land owners are very bad, indiscriminantly suddenly decided not to renew any of the leases for people who own under two acres. My 100$K investment is zero now. I don't even know if I own the property ? What can I do?

I am assuming you built your home on the land.

Did you get a survey first?

 

[HomeGuru]

What is the name of your state (only U.S. law)? Hawaii

The nation's largest landowner here in Hawaii gives out land leases to tenants for up to 55 years. I am the (3 year) owner of a land lease. Recently the electric company decided to plant a pole next to my house, announcing "your house is in a country road". I panicked,
called the country, they said this isn't a country road, it's a small dirt road running parallel to a highway. Turns out it's a State Highway. When the new road went in, our old road had been the old highway.

The electric now has to get a permit to put in poles on a state highway...a different ball of wax. They're stopped. My issue is, MY HOUSE IS ON A STATE HIGHWAY, NOT SIX INCHES, but 25 feet, w/setbacks. The highway cuts my house in half.

My question is, does this big land owning non profit charity have to take responsibility for not telling me the house (they have been collecting lease payments on for 30 years), and
has been charging me for 3 years, and if the state makes me tear it down, do I have a rescission of sale with the land owner, or the people who I purchased from?

It seems that if an owner has been charging rent on state property that the liability could
be pretty huge for the state, and what about all the money the big landowner collected
from the house on state property?

The people I bought it from put "no encroachments' on the disclosure statement.
The land owners are very bad, indiscriminantly suddenly decided not to renew any of the leases for people who own under two acres. My 100$K investment is zero now. I don't even know if I own the property ? What can I do?

**A: good luck trying to litigate with Kamehameha Schools. You may h ave a claim against the Seller ( who had a lease fee interest), not the fee simple owner. It appears you bought the property via an assignment of lease or some similar vehicle.

 

[nextwife]

Nobody should EVER purchase a property via a lease option, a land contract, a fee simple purchase, even a QC deed without FIRST obtaining a complete title search, complete with copies of any E&R documents, so they KNOW exactly what they are getting. WHY would you have paid a penny toward purchasing a property without knowing what the land included?

If the actual legal description starts BACK of the highway by several feet, they may very well have been correct that THEIR property had no encroachments. Because the poles, etc may have not actually sat within the perimeter of YOUR legal.