Heartwood Forestland Fund IV, LP v. Hoosier (Signed Opinion)
Annotate this CaseBilly Hoosier, Jr. mistakenly placed a modular home on a parcel of land owned by Heartwood Forestland Fund IV, LP. Heartwood filed a complaint seeking declaratory relief to inform its ownership of the tract of land at issue and an ejectment order for the removal of Hoosier’s modular home. The circuit court entered an order directing that Hoosier receive title to the portion of Heartwood’s parcel encroached upon and that Heartwood receive from Hoosier the fair market value thereof, less Hoosier’s improvements. The Supreme Court reversed, holding that Hoosier’s modular home must be removed from Heartwood’s property and relocated at Hoosier’s expense, as that Hoosier’s modular home was not an improvement or benefit to Heartwood’s tract, and Hoosier’s failures concerning procedural matters precluded him from any relief. Therefore, Hoosier was entitled to neither a conveyance of title from Heartwood nor compensation for alleged improvements to Heartwood’s property.
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