1
00:00:00,333 --> 00:00:01,300
{\an8}She called the police.
2
00:00:01,300 --> 00:00:03,800
You took that property
and made it look like yours.
3
00:00:03,800 --> 00:00:05,300
She said that she would sell it to me.
4
00:00:05,300 --> 00:00:06,433
There's no agreement.
5
00:00:06,433 --> 00:00:08,967
I wouldn't have done none of this
if she would've told me no.
6
00:00:08,967 --> 00:00:11,266
She let you park there for four years.
7
00:00:11,266 --> 00:00:12,900
We never had a problem.
8
00:00:12,900 --> 00:00:14,867
You never had a problem
'cause she was a good neighbor.
9
00:00:14,867 --> 00:00:17,300
This is Judy Justice.
10
00:00:34,467 --> 00:00:38,734
Julian Hall is suing
his neighbor, Staci Benedum,
11
00:00:38,734 --> 00:00:41,967
{\an8}for breach of contract and attorney fees.
12
00:00:41,967 --> 00:00:43,834
Court, come to order.
All rise.
13
00:00:45,066 --> 00:00:46,133
Have a seat, please.
14
00:00:48,567 --> 00:00:50,667
{\an8}Case #2128, Hall versus Benedum.
15
00:00:50,667 --> 00:00:51,967
{\an8}- Thank you.
- You're welcome.
16
00:00:53,000 --> 00:00:55,967
Mr. Hall, you and the Defendant
are neighbors?
17
00:00:55,967 --> 00:00:56,900
Yes ma'am.
18
00:00:56,900 --> 00:00:58,934
And your houses are
right next to each other?
19
00:00:58,934 --> 00:01:00,700
Hers is on the corner of mine is...
20
00:01:00,700 --> 00:01:02,166
{\an8}- Right next to her?
- Right next to hers.
21
00:01:02,166 --> 00:01:04,767
Got it.
What your complaint is,
22
00:01:04,767 --> 00:01:06,800
that I see where those two
23
00:01:06,800 --> 00:01:10,100
the truck and vehicle behind it.
The trailer, yes, ma'am.
24
00:01:10,100 --> 00:01:15,033
{\an8}The trailer. The property
to the left of that is your house?
25
00:01:15,033 --> 00:01:17,767
Yes ma'am.
- And the property to the right of that
26
00:01:17,767 --> 00:01:19,867
- is the Defendant's house?
- Yes, ma'am.
27
00:01:19,867 --> 00:01:22,200
And it is your claim that the Defendant,
28
00:01:22,200 --> 00:01:26,800
in writing, agreed to sell you
that little piece of property
29
00:01:26,800 --> 00:01:29,867
that looks like it's been carved out
of her property?
30
00:01:29,867 --> 00:01:32,500
Yes ma'am.
- 'Cause you had a narrow driveway,
31
00:01:32,500 --> 00:01:35,233
{\an8}- you wanted to park these two vehicles.
- Yes, ma'am.
32
00:01:35,333 --> 00:01:38,834
{\an8}Based upon that agreement,
you went ahead
33
00:01:38,834 --> 00:01:41,500
{\an8}and did some work
on that piece of property.
34
00:01:41,500 --> 00:01:44,133
Yes ma'am.
You put down gravel,
35
00:01:44,133 --> 00:01:46,900
you planted flowers, all to make it
36
00:01:46,900 --> 00:01:49,867
look as if that piece of property
was part of your house.
37
00:01:49,867 --> 00:01:52,333
Not so much to make it look
like it's part of my house,
38
00:01:52,333 --> 00:01:54,667
so I can get in it.
'Cause the agreement was that
39
00:01:54,667 --> 00:01:56,433
there was three pine trees there
40
00:01:56,433 --> 00:01:58,934
prior to her telling me
that I could buy the property.
41
00:01:58,934 --> 00:01:59,934
No, no, no.
42
00:02:00,066 --> 00:02:03,000
The three trees that are there
had nothing to do with this except
43
00:02:03,000 --> 00:02:06,467
{\an8}that they were taken down.
And were they taken down
44
00:02:06,467 --> 00:02:10,166
{\an8}and the removal of the trees
was paid for by you or by her?
45
00:02:10,166 --> 00:02:12,266
By both of us.
By both. Okay.
46
00:02:12,266 --> 00:02:15,266
So, you asked to have the trees removed
47
00:02:15,266 --> 00:02:17,633
and you both paid
to have the trees removed.
48
00:02:17,633 --> 00:02:19,734
- Okay.
- Not only did you cut the trees down,
49
00:02:19,734 --> 00:02:22,233
but you took that property
and made it look like yours.
50
00:02:22,233 --> 00:02:25,433
You say that there was an agreement
in writing for her to sell you
51
00:02:25,433 --> 00:02:26,500
that piece of property.
52
00:02:26,500 --> 00:02:28,133
So, I'd like to see that agreement.
53
00:02:28,133 --> 00:02:29,633
Yes, ma'am.
54
00:02:29,633 --> 00:02:31,000
There's no agreement in writ...
55
00:02:31,000 --> 00:02:32,433
Don't say anything.
56
00:02:34,266 --> 00:02:36,400
The very top line.
- Just a second.
57
00:02:42,967 --> 00:02:45,734
This is not a contract, sir, to sell land.
58
00:02:45,734 --> 00:02:47,834
I have a lot more.
Shh!
59
00:02:47,834 --> 00:02:49,600
Not a contract to sell land.
60
00:02:49,600 --> 00:02:52,000
{\an8}I see what she says to you,
"I am agreeing to sell you
61
00:02:52,000 --> 00:02:56,367
the property you are currently parked on
for $1,000 plus costs.
62
00:02:56,367 --> 00:02:59,800
Let's get this in motion ASAP."
63
00:02:59,800 --> 00:03:04,133
And then she doesn't hear from you,
and that's the 18th of May.
64
00:03:04,233 --> 00:03:05,800
And then she writes you again
65
00:03:05,800 --> 00:03:09,934
{\an8}a little bit later,
and she says her offer "will expire
66
00:03:09,934 --> 00:03:13,500
at the end of today's business day, 5/19."
67
00:03:13,500 --> 00:03:17,200
And on 5/19 at 10 o'clock at night
you write to her,
68
00:03:17,200 --> 00:03:20,967
{\an8}"Hey Staci, I've started working
on things this morning.
69
00:03:20,967 --> 00:03:23,266
{\an8}I have already been to the city of Akron
70
00:03:23,266 --> 00:03:25,700
and once they are done,
and I get a surveyor
71
00:03:25,700 --> 00:03:30,066
and so on,
I will keep you updated if that's okay.
72
00:03:30,066 --> 00:03:33,233
Last everything is time sensitive
and I'm working as fast as I can
73
00:03:33,233 --> 00:03:36,800
to get the approvals,
just now seeing your texts."
74
00:03:36,800 --> 00:03:37,900
Right.
Okay.
75
00:03:37,900 --> 00:03:42,300
So, that's what you're relying on
as a contract to purchase property.
76
00:03:42,300 --> 00:03:44,533
Well, the fact that she said
that she would sell it to me
77
00:03:44,533 --> 00:03:46,967
and I started all the motion
like she said to do.
78
00:03:46,967 --> 00:03:50,934
I started all the motions,
got the surveyor done, got the fees done,
79
00:03:50,934 --> 00:03:52,734
I got everything done.
All right.
80
00:03:52,734 --> 00:03:55,500
That was 5/19/2021?
81
00:03:55,500 --> 00:03:57,700
- Mm-hmm.
- So, show me what you did
82
00:03:57,700 --> 00:04:02,967
based on this and what you spent
based on your belief
83
00:04:02,967 --> 00:04:05,367
that she had agreed
to sell you the property
84
00:04:05,367 --> 00:04:07,066
and you had an agreement for sale
85
00:04:07,066 --> 00:04:09,400
which is like a contract
to sell a property.
86
00:04:09,400 --> 00:04:13,300
Most people know that when
you sell a piece of property,
87
00:04:13,300 --> 00:04:16,367
you get a survey,
you put it in the contract,
88
00:04:16,367 --> 00:04:20,367
you have a contract when the property
is going to be transferred,
89
00:04:20,367 --> 00:04:23,100
that property would have to be surveyed,
because clearly
90
00:04:23,100 --> 00:04:25,734
you're carving a piece of property
out of her property.
91
00:04:25,734 --> 00:04:27,767
Mm-hmm.
I wanna see what you did,
92
00:04:27,767 --> 00:04:30,033
and what you spent.
Because if you spent money
93
00:04:30,033 --> 00:04:33,500
based on this, I may consider that
as part of your lawsuit
94
00:04:33,500 --> 00:04:36,533
because then it turned out
she didn't want to sell you the property.
95
00:04:36,533 --> 00:04:38,633
By the way, I wouldn't sell him
the property either.
96
00:04:38,633 --> 00:04:40,834
It makes your property look ridiculous.
It does.
97
00:04:42,233 --> 00:04:45,066
{\an8}We never agreed to sell the property.
Just a...
98
00:04:45,066 --> 00:04:47,934
{\an8}Okay.
Did you write, "I am agreeing
99
00:04:47,934 --> 00:04:50,533
to sell you the property
you are currently parked on
100
00:04:50,533 --> 00:04:54,367
- for $1,000 plus costs"?
- Yes. I never agreed to sell the property
101
00:04:54,367 --> 00:04:57,667
until I told him he was no longer allowed
to park there. It was never discussed.
102
00:04:57,667 --> 00:05:00,200
- What is this?
- Depending on the stipulation,
103
00:05:00,200 --> 00:05:03,133
that my mortgage company requires,
which is an appraisal.
104
00:05:03,133 --> 00:05:06,033
They had to approve
the selling of the property.
105
00:05:06,033 --> 00:05:09,200
All I'm interested in is this one line.
106
00:05:09,200 --> 00:05:12,567
- Mm-hmm.
- The other "ifs" fall after that.
107
00:05:12,567 --> 00:05:16,000
It says, "I'm agreeing to sell you
the property you are currently parked on
108
00:05:16,100 --> 00:05:18,400
for $1,000 plus costs."
Yes.
109
00:05:18,400 --> 00:05:19,467
Okay. So, you did that.
110
00:05:19,467 --> 00:05:21,400
Yes.
I want to see the things
111
00:05:21,400 --> 00:05:23,734
that you started to do
right after May 19th.
112
00:05:23,734 --> 00:05:26,567
You said, "I've already
started working on things
113
00:05:26,567 --> 00:05:30,734
this morning." This is May 19th.
"I've already been to the city of Akron."
114
00:05:30,734 --> 00:05:31,667
Yes.
115
00:05:31,667 --> 00:05:34,633
This is a receipt showing the $800
from the surveyor.
116
00:05:34,633 --> 00:05:37,400
Okay, may I see that please?
- There is that one.
117
00:05:37,400 --> 00:05:42,500
This is a receipt from the attorney
where I had the deed paperwork done.
118
00:05:42,500 --> 00:05:44,834
I'm looking for a date on this, sir.
119
00:05:44,834 --> 00:05:47,900
- I'm looking for dates on these.
- Look at this one, too.
120
00:05:47,900 --> 00:05:50,700
Okay. June 15th, what is this?
121
00:05:50,700 --> 00:05:53,900
That's actually when I paid to have
the three deeds made up.
122
00:05:53,900 --> 00:05:56,367
{\an8}That's the $450 that I had to pay
to the attorney
123
00:05:56,367 --> 00:05:57,900
{\an8}for him to make the three deeds up.
124
00:05:57,900 --> 00:05:59,567
{\an8}The only thing Staci had to do
was sign them.
125
00:05:59,567 --> 00:06:01,433
And that was June 15th.
126
00:06:01,433 --> 00:06:03,834
That was not quite a month later. Right.
127
00:06:03,834 --> 00:06:06,800
I started the next day.
Okay. This is so far
128
00:06:06,800 --> 00:06:10,233
what you spent
in reliance on her statement
129
00:06:10,233 --> 00:06:13,367
that I'll sell you the property
for $1,000.
130
00:06:13,367 --> 00:06:16,333
This is a breakdown that I have
that I wrote down,
131
00:06:16,333 --> 00:06:17,567
you can show her that.
132
00:06:17,567 --> 00:06:21,333
- Everything, the timeline.
- I don't need a breakdown of a timeline,
133
00:06:21,333 --> 00:06:23,066
sir, I need the bills for this.
134
00:06:23,066 --> 00:06:24,400
- Not what you wrote.
- Okay.
135
00:06:24,400 --> 00:06:28,633
I need the bills for six tons of gravel.
That was in July.
136
00:06:28,633 --> 00:06:32,133
Here's more receipts right here.
Here you go.
137
00:06:33,633 --> 00:06:36,300
Did he ever give you $1,000?
138
00:06:36,300 --> 00:06:38,200
He never paid me.
139
00:06:40,200 --> 00:06:42,633
I'm a common sense person,
and a property owner.
140
00:06:42,633 --> 00:06:44,834
It was overreaching to think
141
00:06:44,834 --> 00:06:48,367
that you could buy a piece of that land
for $1,000.
142
00:06:48,367 --> 00:06:50,233
Overreaching.
143
00:07:01,233 --> 00:07:03,433
Julian Hall
claims his neighbor,
144
00:07:03,433 --> 00:07:07,967
{\an8}Staci Benedum, owes for building costs
and attorney fees.
145
00:07:07,967 --> 00:07:13,133
Staci is countersuing, claiming Julian
was illegally parking on her property.
146
00:07:13,133 --> 00:07:16,200
Okay, so far all I have that you paid
147
00:07:16,200 --> 00:07:22,000
was $450 for the deeds, $800 for
the survey and gravel to be delivered.
148
00:07:22,000 --> 00:07:25,300
I got the gravel in there.
I also have the concrete that I had laid
149
00:07:25,300 --> 00:07:26,834
flowers and stuff that I put in.
150
00:07:26,834 --> 00:07:29,934
Did he pay part of
having the tree stumps removed?
151
00:07:29,934 --> 00:07:32,900
We split the cost and the labor
of removing the debris of the trees.
152
00:07:33,000 --> 00:07:36,300
{\an8}No ma'am. That's not true.
Who wanted the trees removed?
153
00:07:36,300 --> 00:07:37,867
I never had a problem with the trees.
154
00:07:37,867 --> 00:07:39,734
- I liked the trees.
- Don't speak.
155
00:07:39,734 --> 00:07:43,033
{\an8}He wanted the trees cut down
so he could have more space.
156
00:07:43,166 --> 00:07:46,066
{\an8}He was already parking underneath
the trees with a smaller trailer.
157
00:07:46,166 --> 00:07:50,233
{\an8}Just not his truck. He wanted more space.
So, he came to me and said, "Hey,
158
00:07:50,233 --> 00:07:53,033
what if I split the cost
of the cutting of the trees?"
159
00:07:53,033 --> 00:07:55,834
I said, That's fine, I'll split the cost.
That's fine with me.
160
00:07:55,834 --> 00:07:57,500
And then I agreed to let him continue
161
00:07:57,500 --> 00:07:59,333
to park there
as long as there was no tire marks.
162
00:07:59,333 --> 00:08:02,500
That's what it was.
And then he built this thing.
163
00:08:02,500 --> 00:08:04,767
Well, he formalized parking there.
164
00:08:04,767 --> 00:08:07,834
- Mm-hmm.
- At what point did Ms. Benedum
165
00:08:07,967 --> 00:08:11,734
tell you that she was not going to
sell you the property?
166
00:08:11,734 --> 00:08:15,300
This actually started on 4... 4/3 of '18.
167
00:08:15,300 --> 00:08:16,800
I'm not interested.
168
00:08:16,800 --> 00:08:20,667
I'm interested in the beginning
of these texts.
169
00:08:20,667 --> 00:08:23,133
- Okay.
- Where you clearly had discussions,
170
00:08:23,133 --> 00:08:24,800
trees were removed.
171
00:08:24,900 --> 00:08:27,700
I don't quite understand
why she allowed you to remove the trees
172
00:08:27,700 --> 00:08:29,867
and I don't understand
the whole transaction.
173
00:08:29,867 --> 00:08:33,367
- 'Cause it wasn't my choice.
- Just a second. It was your choice.
174
00:08:33,367 --> 00:08:35,567
{\an8}You wanted to park there.
That's what you wanted.
175
00:08:35,567 --> 00:08:37,767
{\an8}- But the trees was dying.
- Just a sec. I don't care
176
00:08:37,767 --> 00:08:39,834
{\an8}if they were dying.
I don't care if they were shriveled up.
177
00:08:39,834 --> 00:08:43,533
I don't care.
You carved out a piece of property
178
00:08:43,533 --> 00:08:46,867
Now, if you carved out a piece of property
that belongs to her,
179
00:08:46,867 --> 00:08:51,200
and you didn't have an appropriate
agreement in writing, which it has to be,
180
00:08:51,200 --> 00:08:54,033
then I believe, based upon her statement
181
00:08:54,033 --> 00:08:57,133
that you acted on,
you're entitled to whatever you spent
182
00:08:57,133 --> 00:09:00,633
to renovate that property.
Do you understand?
183
00:09:00,633 --> 00:09:02,800
- You're not entitled to the property.
- No, I under--
184
00:09:02,800 --> 00:09:05,800
You're not entitled to the property.
You're entitled to what you spent
185
00:09:05,800 --> 00:09:09,166
to renovate the property.
So, now I want you to tell me
186
00:09:09,166 --> 00:09:11,800
on what date did she tell you
187
00:09:11,800 --> 00:09:14,467
that she was not going to sell
you the property?
188
00:09:14,467 --> 00:09:17,934
That was 7/20 of '21,
189
00:09:17,934 --> 00:09:20,300
after I got everything done
and called her,
190
00:09:20,300 --> 00:09:22,467
I asked her,
could she meet me at the bank.
191
00:09:22,467 --> 00:09:24,834
She said, "No, I'm not selling
to you for $1,000."
192
00:09:24,934 --> 00:09:28,033
But it goes deeper that,
that's what I'm trying to explain to you.
193
00:09:28,033 --> 00:09:30,533
It goes deeper than that
because when it came to the trees,
194
00:09:30,533 --> 00:09:32,100
I didn't approach her with the trees.
195
00:09:32,100 --> 00:09:33,967
She came to me, said,
"Since the tree is dying."
196
00:09:33,967 --> 00:09:35,867
I said, "Well, I'll go in half with you."
197
00:09:35,867 --> 00:09:38,700
At that point. I said,
"When can I use the property?"
198
00:09:38,700 --> 00:09:41,633
She said, "You can use it as long as you
need it. So that's when I started
199
00:09:41,633 --> 00:09:44,600
investing all this money
into the property...
200
00:09:44,600 --> 00:09:46,233
So what, I don't care.
201
00:09:46,233 --> 00:09:48,200
She said to you,
you could use it as long as you want.
202
00:09:48,200 --> 00:09:49,600
- Yes ma'am.
- Okay.
203
00:09:49,600 --> 00:09:52,133
- I said nothing permanent.
- She said as long as I need it.
204
00:09:52,133 --> 00:09:54,266
That's why I invested the gravel...
205
00:09:54,266 --> 00:09:56,500
What I'm telling you, sir,
is the purchase and sale
206
00:09:56,500 --> 00:09:59,166
of property has to be
with a certain formality.
207
00:09:59,166 --> 00:10:01,834
If you dealt with an attorney,
the attorney would tell you
208
00:10:01,834 --> 00:10:04,533
that it had to be in formality.
Signed by her, signed by you,
209
00:10:04,533 --> 00:10:08,467
the contract that provided for sale
when it took place,
210
00:10:08,467 --> 00:10:11,567
what the survey was,
whether her bank would agree to let her
211
00:10:11,567 --> 00:10:14,467
sell off a piece of the property
'cause you have a mortgage.
212
00:10:14,467 --> 00:10:19,500
All of those things. That's why agreements
to sell real property, which is land,
213
00:10:19,500 --> 00:10:23,000
have to be in accordance
with certain set of rules.
214
00:10:23,000 --> 00:10:24,433
This doesn't make it.
215
00:10:24,433 --> 00:10:27,333
However, if you relied on her statement
216
00:10:27,333 --> 00:10:30,233
in order to improve the property
217
00:10:30,233 --> 00:10:34,300
to make it comfortable for you
based upon her text message,
218
00:10:34,300 --> 00:10:37,600
I believe that you are entitled,
based upon the text message,
219
00:10:37,600 --> 00:10:40,767
to what you spent to improve it.
220
00:10:40,767 --> 00:10:44,266
But you have to understand, she's
not gonna let you park there anymore.
221
00:10:44,266 --> 00:10:46,266
And I'm okay with that.
Just a second.
222
00:10:46,266 --> 00:10:48,567
Are you still parking there?
No, ma'am.
223
00:10:48,567 --> 00:10:52,867
Since when?
- I would say September of 2022.
224
00:10:52,867 --> 00:10:54,834
So you were parked there,
225
00:10:54,834 --> 00:10:59,633
in July of '21, August of '21,
September of '21
226
00:10:59,767 --> 00:11:05,667
October of '21, November of '21,
December of '21, January of '22
227
00:11:05,667 --> 00:11:08,266
all the way up to September,
you were parking there.
228
00:11:08,266 --> 00:11:09,700
This is because we had--
229
00:11:09,700 --> 00:11:12,333
Don't give me a "because,"
that's either a yes or a no.
230
00:11:12,333 --> 00:11:15,333
I was parked there,
but we also had a civil case too.
231
00:11:15,333 --> 00:11:17,667
- Which he dismissed two days before.
- We had a civil case.
232
00:11:17,667 --> 00:11:19,700
She called the police, the police...
233
00:11:19,700 --> 00:11:21,400
He called the the police on me twice.
234
00:11:21,400 --> 00:11:24,767
The question was, when did she tell you
she wasn't gonna sell you the property?
235
00:11:24,767 --> 00:11:27,900
September, when she agreed
not to meet me at the bank.
236
00:11:27,900 --> 00:11:30,000
That's when she told me
she wasn't gonna sell.
237
00:11:30,000 --> 00:11:32,567
- September of 2022?
- Yes ma'am.
238
00:11:32,567 --> 00:11:34,500
I never knew we were meeting at a bank.
239
00:11:34,500 --> 00:11:35,834
Just a second.
- Okay.
240
00:11:35,934 --> 00:11:37,967
I can do better than that.
In September
241
00:11:37,967 --> 00:11:41,066
of 2022, she advised you...
242
00:11:41,066 --> 00:11:44,500
No. I'm sorry,
it was August of 2021.
243
00:11:44,500 --> 00:11:47,967
Well, show me in August of 2021
that you told him
244
00:11:47,967 --> 00:11:50,200
you weren't selling him the property.
245
00:11:50,200 --> 00:11:52,066
Here's...
Okay, I'll take both.
246
00:11:52,066 --> 00:11:53,100
Kevin.
247
00:11:55,333 --> 00:11:57,000
Thank you.
248
00:11:59,734 --> 00:12:02,734
And this was after she agreed...
Ssh!
249
00:12:02,734 --> 00:12:04,400
Okay.
250
00:12:06,033 --> 00:12:08,300
I'm just looking for the date on this.
251
00:12:08,300 --> 00:12:10,333
Yeah, there's not a date on there.
I'm sorry.
252
00:12:10,333 --> 00:12:13,000
But that was after May 18th of 2021.
253
00:12:13,000 --> 00:12:18,633
That was maybe July or August of 2021
when I told him,
254
00:12:18,633 --> 00:12:21,233
since he didn't meet all the requirements
that I no longer wanna...
255
00:12:21,233 --> 00:12:23,233
What requirements?
He never met
256
00:12:23,233 --> 00:12:26,500
{\an8}the requirements of paying me the money
or getting the land appraised.
257
00:12:26,500 --> 00:12:30,033
{\an8}The only thing he didn't do, that
my mortgage required is the appraisal.
258
00:12:30,033 --> 00:12:32,200
That wasn't true,
because I did everything
259
00:12:32,200 --> 00:12:35,300
that the city of Akron told me to do,
who deal with this on a regular...
260
00:12:35,300 --> 00:12:38,133
{\an8}- Ssh! Did you get an appraisal?
- I got the land surveyed.
261
00:12:38,133 --> 00:12:41,467
{\an8}She didn't say nothing about appraisal
until after I got everything done.
262
00:12:41,467 --> 00:12:44,767
That's why you have a contract in writing
for the sale of property, sir.
263
00:12:44,767 --> 00:12:47,233
I don't think you did anything
intentionally wrong.
264
00:12:47,233 --> 00:12:50,467
But there was an appraisal that was
necessary. Clearly if she has a mortgage,
265
00:12:50,467 --> 00:12:53,033
and a bank is giving her
a certain amount of money
266
00:12:53,033 --> 00:12:56,500
on a parcel of property,
and she wants to sell off
267
00:12:56,500 --> 00:12:58,934
a piece of that property,
the bank is going to
268
00:12:58,934 --> 00:13:02,800
wanna know how much that the value
of the property
269
00:13:02,800 --> 00:13:04,800
has diminished by her selling it to you.
270
00:13:04,900 --> 00:13:08,266
So, you have to have an appraisal.
Do you understand?
271
00:13:08,266 --> 00:13:10,867
I understand that.
You didn't have an appraisal,
272
00:13:10,867 --> 00:13:12,467
I'm not gonna tell it to you again,
273
00:13:12,467 --> 00:13:15,734
and all I want to know is,
when she first told you
274
00:13:15,734 --> 00:13:18,800
that you didn't have a deal.
So, once she told you
275
00:13:18,800 --> 00:13:22,433
that you didn't have a deal,
whatever else you invested
276
00:13:22,433 --> 00:13:24,734
in this property was on you.
277
00:13:24,734 --> 00:13:27,700
No. And I didn't invest anything else
other than getting an attorney
278
00:13:27,800 --> 00:13:30,166
and paying everything,
I need to pay him.
279
00:13:30,166 --> 00:13:32,633
Once she told you that she
wasn't selling the property to you,
280
00:13:32,633 --> 00:13:34,467
what'd you need an attorney for?
281
00:13:37,000 --> 00:13:39,800
You're not the aggrieved party here.
You got to park for free
282
00:13:39,800 --> 00:13:41,867
'cause she was a good soul.
283
00:13:41,867 --> 00:13:47,600
I would've had your trailer and your truck
towed to an impound, on Day two.
284
00:13:58,567 --> 00:14:01,100
Julian Hall
has accused his neighbor,
285
00:14:01,100 --> 00:14:04,633
{\an8}Staci Benedum,
of breaking their agreement.
286
00:14:04,633 --> 00:14:09,834
Staci claims there was never an agreement
and is countersuing for parking fees.
287
00:14:09,834 --> 00:14:12,500
Once she told you that she
wasn't selling the property to you,
288
00:14:12,500 --> 00:14:13,900
what'd you need an attorney for?
289
00:14:13,900 --> 00:14:15,266
{\an8}Because I had already had an investment
290
00:14:15,266 --> 00:14:17,100
{\an8}after she said
she was gonna sell it to me.
291
00:14:17,100 --> 00:14:20,934
{\an8}Once the attorney got involved,
he told me to dismiss the case.
292
00:14:20,934 --> 00:14:23,767
{\an8}Then after that, like three days later,
I moved off the property.
293
00:14:23,900 --> 00:14:26,867
Just a minute.
So, who brought a civil case?
294
00:14:26,867 --> 00:14:28,533
I did.
When?
295
00:14:28,533 --> 00:14:29,967
Last year of '21.
296
00:14:29,967 --> 00:14:31,834
And what happened with that case?
297
00:14:31,834 --> 00:14:33,033
It was dismissed.
298
00:14:33,033 --> 00:14:35,500
What did you bring a case against her for?
299
00:14:35,500 --> 00:14:36,800
For breach of contract.
300
00:14:36,800 --> 00:14:40,800
It was dismissed
because there was no contract.
301
00:14:40,800 --> 00:14:43,467
Your Honor, can I say something?
What?
302
00:14:43,467 --> 00:14:47,233
He made all these improvements in 2018
before we ever discussed
303
00:14:47,233 --> 00:14:50,100
- selling the property.
- You mean he put the gravel in?
304
00:14:50,100 --> 00:14:51,533
- Yeah.
- Well, how could he
305
00:14:51,533 --> 00:14:53,066
put the gravel in over the trees?
306
00:14:53,066 --> 00:14:55,867
The trees were cut down in 2018.
Is that right, sir?
307
00:14:55,867 --> 00:14:58,233
- Just...
- That was, that's correct.
308
00:14:58,233 --> 00:15:01,033
The trees that were cut down in 2018,
309
00:15:01,033 --> 00:15:02,300
- well before this...
- Yes.
310
00:15:02,300 --> 00:15:04,633
So, you did use it.
You used it for how many years?
311
00:15:04,633 --> 00:15:08,100
You used it '18, '19, '20 and '21.
You used it.
312
00:15:08,100 --> 00:15:11,066
You used it. You had value from it.
You had value
313
00:15:11,066 --> 00:15:14,200
from somebody else's property.
You used her property for you to park on.
314
00:15:14,200 --> 00:15:17,233
I wouldn't have done none of this
if she would've told me no.
315
00:15:17,233 --> 00:15:19,934
Every move that I made, I asked her first.
316
00:15:19,934 --> 00:15:23,600
I got it in text message.
I asked her can I do this, can I do this,
317
00:15:23,600 --> 00:15:25,100
she said, "Yeah, go ahead and do it.
318
00:15:25,100 --> 00:15:27,600
{\an8}If she would've said no,
I wouldn't have done none of it.
319
00:15:27,600 --> 00:15:29,233
{\an8}I wouldn't have put a dime
into the property.
320
00:15:29,233 --> 00:15:32,300
I'm not going back to 2018, sir.
If you made these improvements
321
00:15:32,300 --> 00:15:37,800
in the property in 2018 or 2019,
before there was any hint of a writing
322
00:15:37,800 --> 00:15:39,500
that she was going to sell you property...
323
00:15:39,500 --> 00:15:42,467
She had a verbal that I can park there
as long as I wanted to.
324
00:15:42,467 --> 00:15:45,166
Okay. Your case is dismissed.
Mr. Hall, you don't have a case.
325
00:15:45,166 --> 00:15:48,066
You did park there until she told you
not to park there anymore,
326
00:15:48,066 --> 00:15:50,834
and you had the benefit of parking there
for at least three years.
327
00:15:50,834 --> 00:15:52,600
I got money invested that she told me...
328
00:15:52,600 --> 00:15:56,166
You had the benefit of parking your things
there for at least three years.
329
00:15:56,166 --> 00:15:58,533
{\an8}- Are they gone now?
- His truck and trailer are
330
00:15:58,533 --> 00:16:01,066
{\an8}but the gravel's still there and we have
to clean up,
331
00:16:01,066 --> 00:16:05,066
{\an8}you know, get rid of that stuff.
It was a huge mistake.
332
00:16:05,066 --> 00:16:07,800
So, you're gonna have to
take care of that yourself.
333
00:16:07,800 --> 00:16:09,533
- Okay.
- And I would take care of that
334
00:16:09,533 --> 00:16:11,533
because that looks ridiculous.
I will.
335
00:16:11,533 --> 00:16:14,834
That looks ridiculous.
You have a counterclaim?
336
00:16:14,834 --> 00:16:17,000
Yes.
For parking.
337
00:16:17,000 --> 00:16:18,934
- Forget it.
- But listen,
338
00:16:18,934 --> 00:16:21,233
I told him he couldn't park there
back in May of 2021.
339
00:16:21,233 --> 00:16:22,800
He continued to park there till...
340
00:16:22,800 --> 00:16:24,533
So, you should have been more vigilant.
341
00:16:24,533 --> 00:16:28,166
{\an8}My attorney didn't notify him
till May of this year of 2022,
342
00:16:28,166 --> 00:16:32,066
{\an8}that if he continues to park there,
we'll charge him $75 a day.
343
00:16:32,066 --> 00:16:34,233
And he continued to park there
until the case
344
00:16:34,233 --> 00:16:36,300
was dismissed in August of 2022.
345
00:16:36,300 --> 00:16:41,000
So, I'm only suing him for May of 2022
to August of '22.
346
00:16:41,000 --> 00:16:42,633
And did he move it?
347
00:16:42,633 --> 00:16:44,433
- He did.
- Okay. You still living there?
348
00:16:44,433 --> 00:16:46,333
Yes.
Do you talk to him?
349
00:16:46,333 --> 00:16:48,500
No.
Had you talked to him previously?
350
00:16:48,500 --> 00:16:49,867
- Yeah.
- We had a good relationship.
351
00:16:49,867 --> 00:16:52,100
I'm a common sense person
and a property owner.
352
00:16:52,100 --> 00:16:54,333
It was overreaching
353
00:16:54,333 --> 00:16:57,834
to think that you could buy
a piece of that land for $1,000.
354
00:16:57,834 --> 00:17:01,967
Overreaching. And if she had it appraised,
355
00:17:01,967 --> 00:17:05,000
and if it's something that you want
and she had, I guarantee you
356
00:17:05,000 --> 00:17:07,467
that that little piece of property
would be appraised
357
00:17:07,467 --> 00:17:13,066
at a far higher cost
than $1,000, guaranteed.
358
00:17:13,066 --> 00:17:15,200
And I guarantee you that her bank
359
00:17:15,200 --> 00:17:18,333
would say, "You can't let him buy
that piece of property for $1,000."
360
00:17:18,333 --> 00:17:20,867
How much of a mortgage are you carrying?
361
00:17:20,867 --> 00:17:22,033
$76,000.
362
00:17:22,033 --> 00:17:24,533
Not gonna let her sell off
that piece of property.
363
00:17:24,533 --> 00:17:27,467
You had the benefit of that
piece of property for several years.
364
00:17:27,467 --> 00:17:29,767
I have to tell you that I really think
365
00:17:29,767 --> 00:17:32,066
that it's much nicer
to look at plain grass
366
00:17:32,066 --> 00:17:36,633
than it is to look at a trailer
and a truck from her backyard.
367
00:17:36,633 --> 00:17:39,300
Your Honor, I wouldn't have done none
of it if she wouldn't have said do it.
368
00:17:39,300 --> 00:17:41,367
Do you know what
your attorney said to you?
369
00:17:41,367 --> 00:17:43,800
I can't help you.
You don't have a contract.
370
00:17:43,800 --> 00:17:46,834
And Mr. Hall,
that's what I'm telling you.
371
00:17:46,834 --> 00:17:49,300
I can't help you.
You don't have a contract.
372
00:17:49,300 --> 00:17:53,133
And from what I know now,
this all started in 2018
373
00:17:53,133 --> 00:17:56,700
before there was any discussion
of buying the property
374
00:17:56,700 --> 00:18:01,233
that you can prove to me, 'cause the thing
that you gave me was in 2021.
375
00:18:01,233 --> 00:18:03,700
I have to tell you never had a problem
'cause she was a good neighbor,
376
00:18:03,700 --> 00:18:06,166
if she let you park on her property.
377
00:18:06,166 --> 00:18:08,867
So, if you think you are the one
who's been aggrieved here,
378
00:18:08,867 --> 00:18:12,233
truth of the matter is I don't think that
you are the one who was aggrieved here.
379
00:18:12,233 --> 00:18:13,900
She let you park on her property.
380
00:18:13,900 --> 00:18:16,734
I have to tell you,
I wouldn't have let that happen.
381
00:18:16,734 --> 00:18:21,500
I had a neighbor who had an easement,
and I said, all I want from you
382
00:18:21,500 --> 00:18:23,800
when I bought the house
was I want you to say
383
00:18:23,900 --> 00:18:26,367
that you will never try
to claim this property
384
00:18:26,367 --> 00:18:28,233
by adverse possession
385
00:18:28,233 --> 00:18:30,834
and that you understand
that it's my property,
386
00:18:30,834 --> 00:18:32,667
and then you can use it.
'Cause it was a place
387
00:18:32,667 --> 00:18:35,166
that looked like
it was part of his driveway.
388
00:18:35,166 --> 00:18:37,900
- Mm-hmm.
- And he said, "I'm not signing that."
389
00:18:37,900 --> 00:18:40,767
I said, if you don't sign it,
I'm going to put a fence
390
00:18:40,767 --> 00:18:44,734
right in the middle of your front lawn
which is where my property line is.
391
00:18:44,734 --> 00:18:48,533
I don't hear from him. I said,
you have 24 hours to sign the paper.
392
00:18:48,533 --> 00:18:53,133
Or I'm putting a fence
right in the middle of your front lawn,
393
00:18:53,133 --> 00:18:55,767
'cause that's my property
and you have an easement.
394
00:18:55,767 --> 00:18:56,834
And he didn't sign it.
395
00:18:56,834 --> 00:18:59,800
He would've lived with the fence
until today, 'cause it's still there.
396
00:18:59,800 --> 00:19:02,700
Now his children are living with the fence
because he's gone.
397
00:19:02,700 --> 00:19:04,433
You're not the aggrieved party here.
398
00:19:04,433 --> 00:19:08,033
You got to park for free for four years,
for free.
399
00:19:08,033 --> 00:19:10,834
'Cause she was a good soul.
She's not a bad guy.
400
00:19:10,834 --> 00:19:12,667
She was a good soul.
I would've had your...
401
00:19:12,667 --> 00:19:15,900
I would've had your trailer
and your truck towed
402
00:19:15,900 --> 00:19:21,433
to an impound on Day two.
She let you park there for four years.
403
00:19:21,433 --> 00:19:24,633
- I wouldn't have been there...
- Goodbye. We're done. Thank you.
404
00:19:24,633 --> 00:19:26,367
This Court is adjourned.
405
00:19:29,367 --> 00:19:31,867
She knew what type of work I did,
so she said as long as I needed it.
406
00:19:31,867 --> 00:19:34,834
It was just a tough lesson of being nice
to the wrong person.
407
00:19:34,834 --> 00:19:37,800
It did look like it was part of my yard.
So, I get that part.
408
00:19:37,800 --> 00:19:40,133
I hope we can be cordial
and just move on with our life.
409
00:19:40,133 --> 00:19:41,100
It is what it is.
410
00:19:42,500 --> 00:19:45,700
This is a great example of
the statute of frauds and why it exists.
411
00:19:45,700 --> 00:19:48,567
So, all writings for the sale of land,
412
00:19:48,567 --> 00:19:51,400
real estate, have to be in writing
and signed by both parties.
413
00:19:51,400 --> 00:19:53,934
I'm sure it was created for situations
just like these.
414
00:19:53,934 --> 00:19:56,066
There's a lot of moving parts.
415
00:19:56,066 --> 00:19:59,033
There's mortgages,
there's banks involved a lot of the times.
416
00:19:59,033 --> 00:20:00,800
There are easements,
there are water rights.
417
00:20:00,800 --> 00:20:02,233
- Exactly.
- There are all kinds of things.
418
00:20:02,233 --> 00:20:05,467
Legally, there's some of the most complex
documents that get drawn up.
419
00:20:05,467 --> 00:20:10,266
So, it can't be a text message
for $1,000 to sell off a piece of land
420
00:20:10,266 --> 00:20:13,100
without all the boxes being ticked. Right.
421
00:20:13,100 --> 00:20:17,367
After May of 2021,
when she wrote that piece...
422
00:20:17,367 --> 00:20:19,734
For his detrimental reliance
on this statement
423
00:20:19,734 --> 00:20:23,767
For his reliance on that statement
to his own detriment.
424
00:20:23,767 --> 00:20:27,100
by putting in gravel and other stuff.
425
00:20:27,100 --> 00:20:29,734
- But then it came out, it was--
- It was put down
426
00:20:29,734 --> 00:20:33,200
in '18, before she ever
said anything about selling it.
427
00:20:33,200 --> 00:20:34,767
- He took it upon himself.
- Yeah.
428
00:20:34,767 --> 00:20:36,166
- That would be on him.
- Yeah.
429
00:20:36,166 --> 00:20:38,567
And I don't feel badly for him
'cause he got to park
430
00:20:38,567 --> 00:20:41,467
on property that wasn't his
for almost four years.
431
00:20:41,467 --> 00:20:42,400
Yeah.
432
00:20:44,066 --> 00:20:47,600
Want justice?
Go to JudyJustice.tv.