ZACHARY, La. — In a notable property mix-up, Thomas Robertson has found himself embroiled in a legal dispute after a house was mistakenly built on his land in Zachary, Louisiana. Robertson, who purchased the property in 2011, discovered the error when the Mulder family constructed their home on his lot seven years later in 2018.
The situation arose from what appears to be a series of human mistakes, leading to the Mulders building and residing in a house on the wrong piece of land. Ken Fabre, the attorney representing Robertson, underscored the severity of the issue, stating that while minor encroachments are common, having a completely constructed house on someone else’s property is highly unusual.
During a legal deposition disclosed to the media, Alicia Mulder, the homeowner, confessed multiple times that her family’s residence was built on a parcel they did not own. According to deposition excerpts, when questioned by her attorney about the location of her house, she acknowledged the error, answering, “It is not on the lot we own.”
Despite this admittance, resolving the situation legally remains pending. Fabre emphasized that his client seeks to reclaim his property rights, potentially requiring the eviction of the Mulders, a measure he described as harsh but necessary under Louisiana property laws.
The responsibility for the mishap is yet to be determined by a judge, who must decide whether the fault lies with the Mulder family, the construction company, or local government officials. Previously, a surveyor implicated in the case was dismissed from the lawsuit.
Local city-parish representatives have indicated that their permitting office generally assumes applicants ensure their compliance with property ownership details, thus rarely double-checking property claims.
Fabre has resisted efforts to exclude the city-parish from the lawsuit, with a judge supporting his stance by denying a motion for their dismissal. The outcome, pending judicial review, might include not only eviction but also potential damages or property swaps as compensatory measures. Addressing possible resolutions, Fabre mentioned the necessity of adequate compensation for his client or an alternative settlement that would involve exchanging properties.
While a definitive legal solution has yet to be reached, the case is anticipated to progress with a court trial proposed for August, looking to finally resolve the entangled property rights and errors that led to this unusual residential predicament.
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