Sounds like a reasonable judgement - even if the parties didn't come to a compromise themselves - would have been to just swap lots. Lots 115 should be empty, cause the building that should be there is on 114. So, swap the deeds and be done with it.
(Unless lot 115 is completely different to 114, but doesn't sound that way)
That sort of precedent seems like it will just lead to abuse. Buy a less desirable plot of land, 'accidentally' build on a nicer plot near by, force the owner of the nicer plot to hand over their land to you (Since they're just a bit different and not "completely different").
I'm pretty sure judges can reasonably find the difference between willfulness and accident (as the article states, multiple people who had no reason to help the builder missed the error) and decide accordingly.
That is reasonable ONLY if the party who owns the lot is willing to trade (possibly with some extra compensation for their trouble). However I see not reason to expect someone to trade their land just because someone else wants to.
dagw|1 year ago
sgift|1 year ago
bluGill|1 year ago