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 [narrator] This is Judy Justice. 10 00:00:17,300 --> 00:00:18,367 [theme music] 11 00:00:34,467 --> 00:00:38,734 {\an8}[narrator] Julian Hall is suing his neighbor, Staci Benedum, 12 00:00:38,734 --> 00:00:41,967 {\an8}for breach of contract and attorney fees. 13 00:00:41,967 --> 00:00:43,834 [bailiff] Court, come to order. All rise. 14 00:00:45,066 --> 00:00:46,133 Have a seat, please. 15 00:00:48,567 --> 00:00:50,667 {\an8}Case #2128, Hall versus Benedum. 16 00:00:50,667 --> 00:00:51,967 {\an8}- Thank you. - You're welcome. 17 00:00:53,000 --> 00:00:55,967 Mr. Hall, you and the Defendant are neighbors? 18 00:00:55,967 --> 00:00:56,900 Yes ma'am. 19 00:00:56,900 --> 00:00:58,934 And your houses are right next to each other? 20 00:00:58,934 --> 00:01:00,700 Hers is on the corner of mine is... 21 00:01:00,700 --> 00:01:02,166 {\an8}- Right next to her? - Right next to hers. 22 00:01:02,166 --> 00:01:04,767 {\an8}[Judy] Got it. What your complaint is, 23 00:01:04,767 --> 00:01:06,800 that I see where those two 24 00:01:06,800 --> 00:01:10,100 - the truck and vehicle behind it. - [Julian] The trailer, yes, ma'am. 25 00:01:10,100 --> 00:01:15,033 {\an8}The trailer. The property to the left of that is your house? 26 00:01:15,033 --> 00:01:17,767 {\an8}- [Julian] Yes ma'am. - And the property to the right of that 27 00:01:17,767 --> 00:01:19,867 - is the Defendant's house? - Yes, ma'am. 28 00:01:19,867 --> 00:01:22,200 And it is your claim that the Defendant, 29 00:01:22,200 --> 00:01:26,800 in writing, agreed to sell you that little piece of property 30 00:01:26,800 --> 00:01:29,867 that looks like it's been carved out of her property? 31 00:01:29,867 --> 00:01:32,500 - [Julian] Yes ma'am. - 'Cause you had a narrow driveway, 32 00:01:32,500 --> 00:01:35,233 {\an8}- you wanted to park these two vehicles. - Yes, ma'am. 33 00:01:35,333 --> 00:01:38,834 {\an8}Based upon that agreement, you went ahead 34 00:01:38,834 --> 00:01:41,500 {\an8}and did some work on that piece of property. 35 00:01:41,500 --> 00:01:44,133 - Yes ma'am. - [Judy] You put down gravel, 36 00:01:44,133 --> 00:01:46,900 you planted flowers, all to make it 37 00:01:46,900 --> 00:01:49,867 look as if that piece of property was part of your house. 38 00:01:49,867 --> 00:01:52,333 Not so much to make it look like it's part of my house, 39 00:01:52,333 --> 00:01:54,667 so I can get in it. 'Cause the agreement was that 40 00:01:54,667 --> 00:01:56,433 there was three pine trees there 41 00:01:56,433 --> 00:01:58,934 prior to her telling me that I could buy the property. 42 00:01:58,934 --> 00:01:59,934 [Judy] No, no, no. 43 00:02:00,066 --> 00:02:03,000 The three trees that are there had nothing to do with this except 44 00:02:03,000 --> 00:02:06,467 {\an8}that they were taken down. And were they taken down 45 00:02:06,467 --> 00:02:10,166 {\an8}and the removal of the trees was paid for by you or by her? 46 00:02:10,166 --> 00:02:12,266 - By both of us. - [Judy] By both. Okay. 47 00:02:12,266 --> 00:02:15,266 So, you asked to have the trees removed 48 00:02:15,266 --> 00:02:17,633 and you both paid to have the trees removed. 49 00:02:17,633 --> 00:02:19,734 - Okay. - Not only did you cut the trees down, 50 00:02:19,734 --> 00:02:22,233 but you took that property and made it look like yours. 51 00:02:22,233 --> 00:02:25,433 You say that there was an agreement in writing for her to sell you 52 00:02:25,433 --> 00:02:26,500 that piece of property. 53 00:02:26,500 --> 00:02:28,133 So, I'd like to see that agreement. 54 00:02:28,133 --> 00:02:29,633 Yes, ma'am. 55 00:02:29,633 --> 00:02:31,000 There's no agreement in writ... 56 00:02:31,000 --> 00:02:32,433 Don't say anything. 57 00:02:34,266 --> 00:02:36,400 - [Julian] The very top line. - Just a second. 58 00:02:42,967 --> 00:02:45,734 This is not a contract, sir, to sell land. 59 00:02:45,734 --> 00:02:47,834 - I have a lot more. - [Judy] Shh! 60 00:02:47,834 --> 00:02:49,600 Not a contract to sell land. 61 00:02:49,600 --> 00:02:52,000 {\an8}I see what she says to you, "I am agreeing to sell you 62 00:02:52,000 --> 00:02:56,367 the property you are currently parked on for $1,000 plus costs. 63 00:02:56,367 --> 00:02:59,800 Let's get this in motion ASAP." 64 00:02:59,800 --> 00:03:04,133 And then she doesn't hear from you, and that's the 18th of May. 65 00:03:04,233 --> 00:03:05,800 And then she writes you again 66 00:03:05,800 --> 00:03:09,934 {\an8}a little bit later, and she says her offer "will expire 67 00:03:09,934 --> 00:03:13,500 at the end of today's business day, 5/19." 68 00:03:13,500 --> 00:03:17,200 And on 5/19 at 10 o'clock at night you write to her, 69 00:03:17,200 --> 00:03:20,967 {\an8}"Hey Staci, I've started working on things this morning. 70 00:03:20,967 --> 00:03:23,266 {\an8}I have already been to the city of Akron 71 00:03:23,266 --> 00:03:25,700 and once they are done, and I get a surveyor 72 00:03:25,700 --> 00:03:30,066 and so on, I will keep you updated if that's okay. 73 00:03:30,066 --> 00:03:33,233 Last everything is time sensitive and I'm working as fast as I can 74 00:03:33,233 --> 00:03:36,800 to get the approvals, just now seeing your texts." 75 00:03:36,800 --> 00:03:37,900 - Right. - [Judy] Okay. 76 00:03:37,900 --> 00:03:42,300 So, that's what you're relying on as a contract to purchase property. 77 00:03:42,300 --> 00:03:44,533 Well, the fact that she said that she would sell it to me 78 00:03:44,533 --> 00:03:46,967 and I started all the motion like she said to do. 79 00:03:46,967 --> 00:03:50,934 I started all the motions, got the surveyor done, got the fees done, 80 00:03:50,934 --> 00:03:52,734 - I got everything done. - [Judy] All right. 81 00:03:52,734 --> 00:03:55,500 That was 5/19/2021? 82 00:03:55,500 --> 00:03:57,700 - Mm-hmm. - So, show me what you did 83 00:03:57,700 --> 00:04:02,967 based on this and what you spent based on your belief 84 00:04:02,967 --> 00:04:05,367 that she had agreed to sell you the property 85 00:04:05,367 --> 00:04:07,066 and you had an agreement for sale 86 00:04:07,066 --> 00:04:09,400 which is like a contract to sell a property. 87 00:04:09,400 --> 00:04:13,300 Most people know that when you sell a piece of property, 88 00:04:13,300 --> 00:04:16,367 you get a survey, you put it in the contract, 89 00:04:16,367 --> 00:04:20,367 you have a contract when the property is going to be transferred, 90 00:04:20,367 --> 00:04:23,100 that property would have to be surveyed, because clearly 91 00:04:23,100 --> 00:04:25,734 you're carving a piece of property out of her property. 92 00:04:25,734 --> 00:04:27,767 - Mm-hmm. - [Judy] I wanna see what you did, 93 00:04:27,767 --> 00:04:30,033 and what you spent. Because if you spent money 94 00:04:30,033 --> 00:04:33,500 based on this, I may consider that as part of your lawsuit 95 00:04:33,500 --> 00:04:36,533 because then it turned out she didn't want to sell you the property. 96 00:04:36,533 --> 00:04:38,633 By the way, I wouldn't sell him the property either. 97 00:04:38,633 --> 00:04:40,834 - It makes your property look ridiculous. - [Staci] It does. 98 00:04:40,834 --> 00:04:42,233 [laughs] 99 00:04:42,233 --> 00:04:45,066 {\an8}- We never agreed to sell the property. - [Judy] Just a... 100 00:04:45,066 --> 00:04:47,934 {\an8}- Okay. - [Judy] Did you write, "I am agreeing 101 00:04:47,934 --> 00:04:50,533 to sell you the property you are currently parked on 102 00:04:50,533 --> 00:04:54,367 - for $1,000 plus costs"? - Yes. I never agreed to sell the property 103 00:04:54,367 --> 00:04:57,667 until I told him he was no longer allowed to park there. It was never discussed. 104 00:04:57,667 --> 00:05:00,200 - What is this? - Depending on the stipulation, 105 00:05:00,200 --> 00:05:03,133 that my mortgage company requires, which is an appraisal. 106 00:05:03,133 --> 00:05:06,033 They had to approve the selling of the property. 107 00:05:06,033 --> 00:05:09,200 All I'm interested in is this one line. 108 00:05:09,200 --> 00:05:12,567 - Mm-hmm. - The other "ifs" fall after that. 109 00:05:12,567 --> 00:05:16,000 It says, "I'm agreeing to sell you the property you are currently parked on 110 00:05:16,100 --> 00:05:18,400 - for $1,000 plus costs." - [Staci] Yes. 111 00:05:18,400 --> 00:05:19,467 [Judy] Okay. So, you did that. 112 00:05:19,467 --> 00:05:21,400 - Yes. - [Judy] I want to see the things 113 00:05:21,400 --> 00:05:23,734 that you started to do right after May 19th. 114 00:05:23,734 --> 00:05:26,567 You said, "I've already started working on things 115 00:05:26,567 --> 00:05:30,734 this morning." This is May 19th. "I've already been to the city of Akron." 116 00:05:30,734 --> 00:05:31,667 [Julian] Yes. 117 00:05:31,667 --> 00:05:34,633 This is a receipt showing the $800 from the surveyor. 118 00:05:34,633 --> 00:05:37,400 - [Judy] Okay, may I see that please? - There is that one. 119 00:05:37,400 --> 00:05:42,500 This is a receipt from the attorney where I had the deed paperwork done. 120 00:05:42,500 --> 00:05:44,834 I'm looking for a date on this, sir. 121 00:05:44,834 --> 00:05:47,900 - I'm looking for dates on these. - Look at this one, too. 122 00:05:47,900 --> 00:05:50,700 Okay. June 15th, what is this? 123 00:05:50,700 --> 00:05:53,900 That's actually when I paid to have the three deeds made up. 124 00:05:53,900 --> 00:05:56,367 {\an8}That's the $450 that I had to pay to the attorney 125 00:05:56,367 --> 00:05:57,900 {\an8}for him to make the three deeds up. 126 00:05:57,900 --> 00:05:59,567 {\an8}The only thing Staci had to do was sign them. 127 00:05:59,567 --> 00:06:01,433 And that was June 15th. 128 00:06:01,433 --> 00:06:03,834 - That was not quite a month later. - [Julian] Right. 129 00:06:03,834 --> 00:06:06,800 - I started the next day. - [Judy] Okay. This is so far 130 00:06:06,800 --> 00:06:10,233 what you spent in reliance on her statement 131 00:06:10,233 --> 00:06:13,367 that I'll sell you the property for $1,000. 132 00:06:13,367 --> 00:06:16,333 This is a breakdown that I have that I wrote down, 133 00:06:16,333 --> 00:06:17,567 you can show her that. 134 00:06:17,567 --> 00:06:21,333 - Everything, the timeline. - I don't need a breakdown of a timeline, 135 00:06:21,333 --> 00:06:23,066 sir, I need the bills for this. 136 00:06:23,066 --> 00:06:24,400 - Not what you wrote. - Okay. 137 00:06:24,400 --> 00:06:28,633 I need the bills for six tons of gravel. That was in July. 138 00:06:28,633 --> 00:06:32,133 [Julian] Here's more receipts right here. Here you go. 139 00:06:33,633 --> 00:06:36,300 Did he ever give you $1,000? 140 00:06:36,300 --> 00:06:38,200 He never paid me. 141 00:06:40,200 --> 00:06:42,633 I'm a common sense person, and a property owner. 142 00:06:42,633 --> 00:06:44,834 It was overreaching to think 143 00:06:44,834 --> 00:06:48,367 that you could buy a piece of that land for $1,000. 144 00:06:48,367 --> 00:06:50,233 Overreaching. 145 00:06:55,033 --> 00:06:56,333 [theme music] 146 00:07:01,233 --> 00:07:03,433 {\an8}[narrator] Julian Hall claims his neighbor, 147 00:07:03,433 --> 00:07:07,967 {\an8}Staci Benedum, owes for building costs and attorney fees. 148 00:07:07,967 --> 00:07:13,133 Staci is countersuing, claiming Julian was illegally parking on her property. 149 00:07:13,133 --> 00:07:16,200 Okay, so far all I have that you paid 150 00:07:16,200 --> 00:07:22,000 was $450 for the deeds, $800 for the survey and gravel to be delivered. 151 00:07:22,000 --> 00:07:25,300 I got the gravel in there. I also have the concrete that I had laid 152 00:07:25,300 --> 00:07:26,834 flowers and stuff that I put in. 153 00:07:26,834 --> 00:07:29,934 Did he pay part of having the tree stumps removed? 154 00:07:29,934 --> 00:07:32,900 We split the cost and the labor of removing the debris of the trees. 155 00:07:33,000 --> 00:07:36,300 {\an8}- No ma'am. That's not true. - [Judy] Who wanted the trees removed? 156 00:07:36,300 --> 00:07:37,867 I never had a problem with the trees. 157 00:07:37,867 --> 00:07:39,734 - I liked the trees. - Don't speak. 158 00:07:39,734 --> 00:07:43,033 {\an8}He wanted the trees cut down so he could have more space. 159 00:07:43,166 --> 00:07:46,066 {\an8}He was already parking underneath the trees with a smaller trailer. 160 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, 161 00:07:50,233 --> 00:07:53,033 what if I split the cost of the cutting of the trees?" 162 00:07:53,033 --> 00:07:55,834 I said, That's fine, I'll split the cost. That's fine with me. 163 00:07:55,834 --> 00:07:57,500 And then I agreed to let him continue 164 00:07:57,500 --> 00:07:59,333 to park there as long as there was no tire marks. 165 00:07:59,333 --> 00:08:02,500 That's what it was. And then he built this thing. 166 00:08:02,500 --> 00:08:04,767 Well, he formalized parking there. 167 00:08:04,767 --> 00:08:07,834 - Mm-hmm. - At what point did Ms. Benedum 168 00:08:07,967 --> 00:08:11,734 tell you that she was not going to sell you the property? 169 00:08:11,734 --> 00:08:15,300 This actually started on 4... 4/3 of '18. 170 00:08:15,300 --> 00:08:16,800 I'm not interested. 171 00:08:16,800 --> 00:08:20,667 I'm interested in the beginning of these texts. 172 00:08:20,667 --> 00:08:23,133 - Okay. - Where you clearly had discussions, 173 00:08:23,133 --> 00:08:24,800 trees were removed. 174 00:08:24,900 --> 00:08:27,700 I don't quite understand why she allowed you to remove the trees 175 00:08:27,700 --> 00:08:29,867 and I don't understand the whole transaction. 176 00:08:29,867 --> 00:08:33,367 - 'Cause it wasn't my choice. - Just a second. It was your choice. 177 00:08:33,367 --> 00:08:35,567 {\an8}You wanted to park there. That's what you wanted. 178 00:08:35,567 --> 00:08:37,767 {\an8}- But the trees was dying. - Just a sec. I don't care 179 00:08:37,767 --> 00:08:39,834 {\an8}if they were dying. I don't care if they were shriveled up. 180 00:08:39,834 --> 00:08:43,533 I don't care. You carved out a piece of property 181 00:08:43,533 --> 00:08:46,867 Now, if you carved out a piece of property that belongs to her, 182 00:08:46,867 --> 00:08:51,200 and you didn't have an appropriate agreement in writing, which it has to be, 183 00:08:51,200 --> 00:08:54,033 then I believe, based upon her statement 184 00:08:54,033 --> 00:08:57,133 that you acted on, you're entitled to whatever you spent 185 00:08:57,133 --> 00:09:00,633 to renovate that property. Do you understand? 186 00:09:00,633 --> 00:09:02,800 - You're not entitled to the property. - No, I under-- 187 00:09:02,800 --> 00:09:05,800 You're not entitled to the property. You're entitled to what you spent 188 00:09:05,800 --> 00:09:09,166 to renovate the property. So, now I want you to tell me 189 00:09:09,166 --> 00:09:11,800 on what date did she tell you 190 00:09:11,800 --> 00:09:14,467 that she was not going to sell you the property? 191 00:09:14,467 --> 00:09:17,934 That was 7/20 of '21, 192 00:09:17,934 --> 00:09:20,300 after I got everything done and called her, 193 00:09:20,300 --> 00:09:22,467 I asked her, could she meet me at the bank. 194 00:09:22,467 --> 00:09:24,834 She said, "No, I'm not selling to you for $1,000." 195 00:09:24,934 --> 00:09:28,033 But it goes deeper that, that's what I'm trying to explain to you. 196 00:09:28,033 --> 00:09:30,533 It goes deeper than that because when it came to the trees, 197 00:09:30,533 --> 00:09:32,100 I didn't approach her with the trees. 198 00:09:32,100 --> 00:09:33,967 She came to me, said, "Since the tree is dying." 199 00:09:33,967 --> 00:09:35,867 I said, "Well, I'll go in half with you." 200 00:09:35,867 --> 00:09:38,700 At that point. I said, "When can I use the property?" 201 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 202 00:09:41,633 --> 00:09:44,600 investing all this money into the property... 203 00:09:44,600 --> 00:09:46,233 [Judy] So what, I don't care. 204 00:09:46,233 --> 00:09:48,200 She said to you, you could use it as long as you want. 205 00:09:48,200 --> 00:09:49,600 - Yes ma'am. - Okay. 206 00:09:49,600 --> 00:09:52,133 - I said nothing permanent. - She said as long as I need it. 207 00:09:52,133 --> 00:09:54,266 That's why I invested the gravel... 208 00:09:54,266 --> 00:09:56,500 [Judy] What I'm telling you, sir, is the purchase and sale 209 00:09:56,500 --> 00:09:59,166 of property has to be with a certain formality. 210 00:09:59,166 --> 00:10:01,834 If you dealt with an attorney, the attorney would tell you 211 00:10:01,834 --> 00:10:04,533 that it had to be in formality. Signed by her, signed by you, 212 00:10:04,533 --> 00:10:08,467 the contract that provided for sale when it took place, 213 00:10:08,467 --> 00:10:11,567 what the survey was, whether her bank would agree to let her 214 00:10:11,567 --> 00:10:14,467 sell off a piece of the property 'cause you have a mortgage. 215 00:10:14,467 --> 00:10:19,500 All of those things. That's why agreements to sell real property, which is land, 216 00:10:19,500 --> 00:10:23,000 have to be in accordance with certain set of rules. 217 00:10:23,000 --> 00:10:24,433 This doesn't make it. 218 00:10:24,433 --> 00:10:27,333 However, if you relied on her statement 219 00:10:27,333 --> 00:10:30,233 in order to improve the property 220 00:10:30,233 --> 00:10:34,300 to make it comfortable for you based upon her text message, 221 00:10:34,300 --> 00:10:37,600 I believe that you are entitled, based upon the text message, 222 00:10:37,600 --> 00:10:40,767 to what you spent to improve it. 223 00:10:40,767 --> 00:10:44,266 But you have to understand, she's not gonna let you park there anymore. 224 00:10:44,266 --> 00:10:46,266 - And I'm okay with that. - [Judy] Just a second. 225 00:10:46,266 --> 00:10:48,567 - Are you still parking there? - [Julian] No, ma'am. 226 00:10:48,567 --> 00:10:52,867 - [Judy] Since when? - I would say September of 2022. 227 00:10:52,867 --> 00:10:54,834 So you were parked there, 228 00:10:54,834 --> 00:10:59,633 in July of '21, August of '21, September of '21 229 00:10:59,767 --> 00:11:05,667 October of '21, November of '21, December of '21, January of '22 230 00:11:05,667 --> 00:11:08,266 all the way up to September, you were parking there. 231 00:11:08,266 --> 00:11:09,700 This is because we had-- 232 00:11:09,700 --> 00:11:12,333 Don't give me a "because," that's either a yes or a no. 233 00:11:12,333 --> 00:11:15,333 I was parked there, but we also had a civil case too. 234 00:11:15,333 --> 00:11:17,667 - Which he dismissed two days before. - We had a civil case. 235 00:11:17,667 --> 00:11:19,700 [Julian] She called the police, the police... 236 00:11:19,700 --> 00:11:21,400 He called the the police on me twice. 237 00:11:21,400 --> 00:11:24,767 The question was, when did she tell you she wasn't gonna sell you the property? 238 00:11:24,767 --> 00:11:27,900 September, when she agreed not to meet me at the bank. 239 00:11:27,900 --> 00:11:30,000 That's when she told me she wasn't gonna sell. 240 00:11:30,000 --> 00:11:32,567 - September of 2022? - Yes ma'am. 241 00:11:32,567 --> 00:11:34,500 I never knew we were meeting at a bank. 242 00:11:34,500 --> 00:11:35,834 - [Judy] Just a second. - Okay. 243 00:11:35,934 --> 00:11:37,967 - I can do better than that. - [Judy] In September 244 00:11:37,967 --> 00:11:41,066 of 2022, she advised you... 245 00:11:41,066 --> 00:11:44,500 No. I'm sorry, it was August of 2021. 246 00:11:44,500 --> 00:11:47,967 Well, show me in August of 2021 that you told him 247 00:11:47,967 --> 00:11:50,200 you weren't selling him the property. 248 00:11:50,200 --> 00:11:52,066 - Here's... - [Judy] Okay, I'll take both. 249 00:11:52,066 --> 00:11:53,100 Kevin. 250 00:11:55,333 --> 00:11:57,000 Thank you. 251 00:11:59,734 --> 00:12:02,734 - And this was after she agreed... - [Judy] Ssh! 252 00:12:02,734 --> 00:12:04,400 Okay. 253 00:12:06,033 --> 00:12:08,300 I'm just looking for the date on this. 254 00:12:08,300 --> 00:12:10,333 Yeah, there's not a date on there. I'm sorry. 255 00:12:10,333 --> 00:12:13,000 But that was after May 18th of 2021. 256 00:12:13,000 --> 00:12:18,633 That was maybe July or August of 2021 when I told him, 257 00:12:18,633 --> 00:12:21,233 since he didn't meet all the requirements that I no longer wanna... 258 00:12:21,233 --> 00:12:23,233 - What requirements? - [Staci] He never met 259 00:12:23,233 --> 00:12:26,500 {\an8}the requirements of paying me the money or getting the land appraised. 260 00:12:26,500 --> 00:12:30,033 {\an8}The only thing he didn't do, that my mortgage required is the appraisal. 261 00:12:30,033 --> 00:12:32,200 [Julian] That wasn't true, because I did everything 262 00:12:32,200 --> 00:12:35,300 that the city of Akron told me to do, who deal with this on a regular... 263 00:12:35,300 --> 00:12:38,133 {\an8}- Ssh! Did you get an appraisal? - I got the land surveyed. 264 00:12:38,133 --> 00:12:41,467 {\an8}She didn't say nothing about appraisal until after I got everything done. 265 00:12:41,467 --> 00:12:44,767 That's why you have a contract in writing for the sale of property, sir. 266 00:12:44,767 --> 00:12:47,233 I don't think you did anything intentionally wrong. 267 00:12:47,233 --> 00:12:50,467 But there was an appraisal that was necessary. Clearly if she has a mortgage, 268 00:12:50,467 --> 00:12:53,033 and a bank is giving her a certain amount of money 269 00:12:53,033 --> 00:12:56,500 on a parcel of property, and she wants to sell off 270 00:12:56,500 --> 00:12:58,934 a piece of that property, the bank is going to 271 00:12:58,934 --> 00:13:02,800 wanna know how much that the value of the property 272 00:13:02,800 --> 00:13:04,800 has diminished by her selling it to you. 273 00:13:04,900 --> 00:13:08,266 So, you have to have an appraisal. Do you understand? 274 00:13:08,266 --> 00:13:10,867 - I understand that. - [Judy] You didn't have an appraisal, 275 00:13:10,867 --> 00:13:12,467 I'm not gonna tell it to you again, 276 00:13:12,467 --> 00:13:15,734 and all I want to know is, when she first told you 277 00:13:15,734 --> 00:13:18,800 that you didn't have a deal. So, once she told you 278 00:13:18,800 --> 00:13:22,433 that you didn't have a deal, whatever else you invested 279 00:13:22,433 --> 00:13:24,734 in this property was on you. 280 00:13:24,734 --> 00:13:27,700 No. And I didn't invest anything else other than getting an attorney 281 00:13:27,800 --> 00:13:30,166 and paying everything, I need to pay him. 282 00:13:30,166 --> 00:13:32,633 Once she told you that she wasn't selling the property to you, 283 00:13:32,633 --> 00:13:34,467 what'd you need an attorney for? 284 00:13:37,000 --> 00:13:39,800 You're not the aggrieved party here. You got to park for free 285 00:13:39,800 --> 00:13:41,867 'cause she was a good soul. 286 00:13:41,867 --> 00:13:47,600 I would've had your trailer and your truck towed to an impound, on Day two. 287 00:13:51,900 --> 00:13:53,333 [theme music] 288 00:13:58,567 --> 00:14:01,100 {\an8}[narratr] Julian Hall has accused his neighbor, 289 00:14:01,100 --> 00:14:04,633 {\an8}Staci Benedum, of breaking their agreement. 290 00:14:04,633 --> 00:14:09,834 Staci claims there was never an agreement and is countersuing for parking fees. 291 00:14:09,834 --> 00:14:12,500 Once she told you that she wasn't selling the property to you, 292 00:14:12,500 --> 00:14:13,900 what'd you need an attorney for? 293 00:14:13,900 --> 00:14:15,266 {\an8}Because I had already had an investment 294 00:14:15,266 --> 00:14:17,100 {\an8}after she said she was gonna sell it to me. 295 00:14:17,100 --> 00:14:20,934 {\an8}Once the attorney got involved, he told me to dismiss the case. 296 00:14:20,934 --> 00:14:23,767 {\an8}Then after that, like three days later, I moved off the property. 297 00:14:23,900 --> 00:14:26,867 Just a minute. So, who brought a civil case? 298 00:14:26,867 --> 00:14:28,533 - I did. - [Judy] When? 299 00:14:28,533 --> 00:14:29,967 Last year of '21. 300 00:14:29,967 --> 00:14:31,834 [Judy] And what happened with that case? 301 00:14:31,834 --> 00:14:33,033 [Julian] It was dismissed. 302 00:14:33,033 --> 00:14:35,500 [Judy] What did you bring a case against her for? 303 00:14:35,500 --> 00:14:36,800 For breach of contract. 304 00:14:36,800 --> 00:14:40,800 It was dismissed because there was no contract. 305 00:14:40,800 --> 00:14:43,467 - [Staci] Your Honor, can I say something? - [Judy] What? 306 00:14:43,467 --> 00:14:47,233 He made all these improvements in 2018 before we ever discussed 307 00:14:47,233 --> 00:14:50,100 - selling the property. - You mean he put the gravel in? 308 00:14:50,100 --> 00:14:51,533 - Yeah. - Well, how could he 309 00:14:51,533 --> 00:14:53,066 put the gravel in over the trees? 310 00:14:53,066 --> 00:14:55,867 - The trees were cut down in 2018. - [Judy] Is that right, sir? 311 00:14:55,867 --> 00:14:58,233 - Just... - That was, that's correct. 312 00:14:58,233 --> 00:15:01,033 The trees that were cut down in 2018, 313 00:15:01,033 --> 00:15:02,300 - well before this... - Yes. 314 00:15:02,300 --> 00:15:04,633 So, you did use it. You used it for how many years? 315 00:15:04,633 --> 00:15:08,100 You used it '18, '19, '20 and '21. You used it. 316 00:15:08,100 --> 00:15:11,066 You used it. You had value from it. You had value 317 00:15:11,066 --> 00:15:14,200 from somebody else's property. You used her property for you to park on. 318 00:15:14,200 --> 00:15:17,233 I wouldn't have done none of this if she would've told me no. 319 00:15:17,233 --> 00:15:19,934 Every move that I made, I asked her first. 320 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, 321 00:15:23,600 --> 00:15:25,100 she said, "Yeah, go ahead and do it. 322 00:15:25,100 --> 00:15:27,600 {\an8}If she would've said no, I wouldn't have done none of it. 323 00:15:27,600 --> 00:15:29,233 {\an8}I wouldn't have put a dime into the property. 324 00:15:29,233 --> 00:15:32,300 I'm not going back to 2018, sir. If you made these improvements 325 00:15:32,300 --> 00:15:37,800 in the property in 2018 or 2019, before there was any hint of a writing 326 00:15:37,800 --> 00:15:39,500 that she was going to sell you property... 327 00:15:39,500 --> 00:15:42,467 She had a verbal that I can park there as long as I wanted to. 328 00:15:42,467 --> 00:15:45,166 Okay. Your case is dismissed. Mr. Hall, you don't have a case. 329 00:15:45,166 --> 00:15:48,066 You did park there until she told you not to park there anymore, 330 00:15:48,066 --> 00:15:50,834 and you had the benefit of parking there for at least three years. 331 00:15:50,834 --> 00:15:52,600 I got money invested that she told me... 332 00:15:52,600 --> 00:15:56,166 You had the benefit of parking your things there for at least three years. 333 00:15:56,166 --> 00:15:58,533 {\an8}- Are they gone now? - His truck and trailer are 334 00:15:58,533 --> 00:16:01,066 {\an8}but the gravel's still there and we have to clean up, 335 00:16:01,066 --> 00:16:05,066 {\an8}- you know, get rid of that stuff. - [Judy] It was a huge mistake. 336 00:16:05,066 --> 00:16:07,800 So, you're gonna have to take care of that yourself. 337 00:16:07,800 --> 00:16:09,533 - Okay. - And I would take care of that 338 00:16:09,533 --> 00:16:11,533 - because that looks ridiculous. - [Staci] I will. 339 00:16:11,533 --> 00:16:14,834 That looks ridiculous. You have a counterclaim? 340 00:16:14,834 --> 00:16:17,000 - Yes. - [Judy] For parking. 341 00:16:17,000 --> 00:16:18,934 - Forget it. - But listen, 342 00:16:18,934 --> 00:16:21,233 I told him he couldn't park there back in May of 2021. 343 00:16:21,233 --> 00:16:22,800 He continued to park there till... 344 00:16:22,800 --> 00:16:24,533 So, you should have been more vigilant. 345 00:16:24,533 --> 00:16:28,166 {\an8}My attorney didn't notify him till May of this year of 2022, 346 00:16:28,166 --> 00:16:32,066 {\an8}that if he continues to park there, we'll charge him $75 a day. 347 00:16:32,066 --> 00:16:34,233 And he continued to park there until the case 348 00:16:34,233 --> 00:16:36,300 was dismissed in August of 2022. 349 00:16:36,300 --> 00:16:41,000 So, I'm only suing him for May of 2022 to August of '22. 350 00:16:41,000 --> 00:16:42,633 And did he move it? 351 00:16:42,633 --> 00:16:44,433 - He did. - Okay. You still living there? 352 00:16:44,433 --> 00:16:46,333 - Yes. - [Judy] Do you talk to him? 353 00:16:46,333 --> 00:16:48,500 - No. - [Judy] Had you talked to him previously? 354 00:16:48,500 --> 00:16:49,867 - Yeah. - We had a good relationship. 355 00:16:49,867 --> 00:16:52,100 I'm a common sense person and a property owner. 356 00:16:52,100 --> 00:16:54,333 It was overreaching 357 00:16:54,333 --> 00:16:57,834 to think that you could buy a piece of that land for $1,000. 358 00:16:57,834 --> 00:17:01,967 Overreaching. And if she had it appraised, 359 00:17:01,967 --> 00:17:05,000 and if it's something that you want and she had, I guarantee you 360 00:17:05,000 --> 00:17:07,467 that that little piece of property would be appraised 361 00:17:07,467 --> 00:17:13,066 at a far higher cost than $1,000, guaranteed. 362 00:17:13,066 --> 00:17:15,200 And I guarantee you that her bank 363 00:17:15,200 --> 00:17:18,333 would say, "You can't let him buy that piece of property for $1,000." 364 00:17:18,333 --> 00:17:20,867 How much of a mortgage are you carrying? 365 00:17:20,867 --> 00:17:22,033 $76,000. 366 00:17:22,033 --> 00:17:24,533 [Judy] Not gonna let her sell off that piece of property. 367 00:17:24,533 --> 00:17:27,467 You had the benefit of that piece of property for several years. 368 00:17:27,467 --> 00:17:29,767 I have to tell you that I really think 369 00:17:29,767 --> 00:17:32,066 that it's much nicer to look at plain grass 370 00:17:32,066 --> 00:17:36,633 than it is to look at a trailer and a truck from her backyard. 371 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. 372 00:17:39,300 --> 00:17:41,367 [Judy] Do you know what your attorney said to you? 373 00:17:41,367 --> 00:17:43,800 I can't help you. You don't have a contract. 374 00:17:43,800 --> 00:17:46,834 And Mr. Hall, that's what I'm telling you. 375 00:17:46,834 --> 00:17:49,300 I can't help you. You don't have a contract. 376 00:17:49,300 --> 00:17:53,133 And from what I know now, this all started in 2018 377 00:17:53,133 --> 00:17:56,700 before there was any discussion of buying the property 378 00:17:56,700 --> 00:18:01,233 that you can prove to me, 'cause the thing that you gave me was in 2021. 379 00:18:01,233 --> 00:18:03,700 I have to tell you never had a problem 'cause she was a good neighbor, 380 00:18:03,700 --> 00:18:06,166 if she let you park on her property. 381 00:18:06,166 --> 00:18:08,867 So, if you think you are the one who's been aggrieved here, 382 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. 383 00:18:12,233 --> 00:18:13,900 She let you park on her property. 384 00:18:13,900 --> 00:18:16,734 I have to tell you, I wouldn't have let that happen. 385 00:18:16,734 --> 00:18:21,500 I had a neighbor who had an easement, and I said, all I want from you 386 00:18:21,500 --> 00:18:23,800 when I bought the house was I want you to say 387 00:18:23,900 --> 00:18:26,367 that you will never try to claim this property 388 00:18:26,367 --> 00:18:28,233 by adverse possession 389 00:18:28,233 --> 00:18:30,834 and that you understand that it's my property, 390 00:18:30,834 --> 00:18:32,667 and then you can use it. 'Cause it was a place 391 00:18:32,667 --> 00:18:35,166 that looked like it was part of his driveway. 392 00:18:35,166 --> 00:18:37,900 - Mm-hmm. - And he said, "I'm not signing that." 393 00:18:37,900 --> 00:18:40,767 I said, if you don't sign it, I'm going to put a fence 394 00:18:40,767 --> 00:18:44,734 right in the middle of your front lawn which is where my property line is. 395 00:18:44,734 --> 00:18:48,533 I don't hear from him. I said, you have 24 hours to sign the paper. 396 00:18:48,533 --> 00:18:53,133 Or I'm putting a fence right in the middle of your front lawn, 397 00:18:53,133 --> 00:18:55,767 'cause that's my property and you have an easement. 398 00:18:55,767 --> 00:18:56,834 And he didn't sign it. 399 00:18:56,834 --> 00:18:59,800 He would've lived with the fence until today, 'cause it's still there. 400 00:18:59,800 --> 00:19:02,700 Now his children are living with the fence because he's gone. 401 00:19:02,700 --> 00:19:04,433 You're not the aggrieved party here. 402 00:19:04,433 --> 00:19:08,033 You got to park for free for four years, for free. 403 00:19:08,033 --> 00:19:10,834 'Cause she was a good soul. She's not a bad guy. 404 00:19:10,834 --> 00:19:12,667 She was a good soul. I would've had your... 405 00:19:12,667 --> 00:19:15,900 I would've had your trailer and your truck towed 406 00:19:15,900 --> 00:19:21,433 to an impound on Day two. She let you park there for four years. 407 00:19:21,433 --> 00:19:24,633 - I wouldn't have been there... - Goodbye. We're done. Thank you. 408 00:19:24,633 --> 00:19:26,367 [bailiff] This Court is adjourned. 409 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. 410 00:19:31,867 --> 00:19:34,834 It was just a tough lesson of being nice to the wrong person. 411 00:19:34,834 --> 00:19:37,800 It did look like it was part of my yard. So, I get that part. 412 00:19:37,800 --> 00:19:40,133 I hope we can be cordial and just move on with our life. 413 00:19:40,133 --> 00:19:41,100 It is what it is. 414 00:19:42,500 --> 00:19:45,700 This is a great example of the statute of frauds and why it exists. 415 00:19:45,700 --> 00:19:48,567 So, all writings for the sale of land, 416 00:19:48,567 --> 00:19:51,400 real estate, have to be in writing and signed by both parties. 417 00:19:51,400 --> 00:19:53,934 I'm sure it was created for situations just like these. 418 00:19:53,934 --> 00:19:56,066 There's a lot of moving parts. 419 00:19:56,066 --> 00:19:59,033 There's mortgages, there's banks involved a lot of the times. 420 00:19:59,033 --> 00:20:00,800 There are easements, there are water rights. 421 00:20:00,800 --> 00:20:02,233 - Exactly. - There are all kinds of things. 422 00:20:02,233 --> 00:20:05,467 Legally, there's some of the most complex documents that get drawn up. 423 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 424 00:20:10,266 --> 00:20:13,100 - without all the boxes being ticked. - [Judy] Right. 425 00:20:13,100 --> 00:20:17,367 After May of 2021, when she wrote that piece... 426 00:20:17,367 --> 00:20:19,734 For his detrimental reliance on this statement 427 00:20:19,734 --> 00:20:23,767 For his reliance on that statement to his own detriment. 428 00:20:23,767 --> 00:20:27,100 by putting in gravel and other stuff. 429 00:20:27,100 --> 00:20:29,734 - But then it came out, it was-- - It was put down 430 00:20:29,734 --> 00:20:33,200 in '18, before she ever said anything about selling it. 431 00:20:33,200 --> 00:20:34,767 - He took it upon himself. - Yeah. 432 00:20:34,767 --> 00:20:36,166 - That would be on him. - Yeah. 433 00:20:36,166 --> 00:20:38,567 And I don't feel badly for him 'cause he got to park 434 00:20:38,567 --> 00:20:41,467 on property that wasn't his for almost four years. 435 00:20:41,467 --> 00:20:42,400 Yeah. 436 00:20:44,066 --> 00:20:47,600 {\an8}[narrator] Want justice? 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