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Indiana Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Indiana on
Q: How can a neighbors deed show a driveway easement for my property when my deed does not. They don't own property behind

They have lots of road frontage on the front side of they're own property

Anthony M. Avery
Anthony M. Avery answered on May 9, 2022

You are not being clear. But the easement over your property should be in your chain of title.

Vice versa, if you have an easement over your neighbor, it should be in his servient chain of title deeds. Prescriptive Easements arise by use over time. But it sounds like you may need to...
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2 Answers | Asked in Real Estate Law for Indiana on
Q: Hello, I have a Real Estate question. How does a quite title work? This needs to be done.

Says the tile company. Some old judgments need to be cleared before I can purchase. Original owner claims he doesn’t have the suggested fee of 2500.00 to get this done. Can someone please give me some suggestions on any options I may have. Thanks for your time

Anthony M. Avery
Anthony M. Avery answered on Apr 11, 2022

You probably should walk away from the purchase as clear title cannot be conveyed for at least a long time, if ever. Consulting a lawyer is the seller's problem and any real estate agents involved have lied to you.

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1 Answer | Asked in Business Law and Real Estate Law for Indiana on
Q: Can a seller put a high interest rate on land contract when he has a letter from Egg company guaranteeing the payment

A private company financed me to purchase a farm. They put a high interest rate on it because they put up all the money and took all the risk. But the egg company I'm contracted with gave them a written guarantee that they would pay the mortgage no mater if my farm was making enough money to... Read more »

Matthew Morris
Matthew Morris answered on Mar 27, 2022

There are a few things that jump out at me from your question. The first is that you ask two things. One question is "can a seller put a high interest rate on a land contract" and the other is "is that fair...?" Those are two different questions, and the answer to one might be... Read more »

2 Answers | Asked in Bankruptcy, Real Estate Law and Landlord - Tenant for Indiana on
Q: If property sold to me has a shed with a lien on it and property sold as is, is the shed mine?

Co owner financed shed, filed chapter 7, property sold to me as is by trustee. Can co owner now remove said shed? Shed was exempted under bankruptcy as part of this property. Co owner being evicted and wants shed. I've paid all taxes for shed and it is listed as part of this property sold... Read more »

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 31, 2021

When an improvement (e.g., that shed, or a house built on the property) is made to real property, it often becomes part of the real estate, i.e., a "fixture". When that happens, a conveyance of the property normally includes fixtures.

Your state's laws determine what might...
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1 Answer | Asked in Consumer Law, Real Estate Law, Construction Law and Environmental for Indiana on
Q: I have mold in my house making me and my kids sick what is the landlord's obligations and there's no lease involved here

Also have electrical wiring issues no sink I moved in here with feces on the walls and floor and no floor in the kitchen old plumbing is really messed up septic is backed up

Tim Akpinar
Tim Akpinar answered on Sep 30, 2021

An Indiana attorney could advise best, but your question remains open for two weeks, and you express some immediate concerns about the safety and welfare of your family. One option here is to repost your question and include Landlord-Tenant as a category. Although all your category selections make... Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for Indiana on
Q: Ch 7 Bankruptcy and mortgage. Bk dc date 6/2018. House sold at sheriffs sale on 3/14/2019.

How do I find out when the title was transferred back to the bank. My fiancé and I are looking to buy a house together but I’m told it’s a 3 yr waiting period after title transferred

Anthony M. Avery
Anthony M. Avery answered on Sep 27, 2021

Unless you exempted the house, it was transferred to the Ch 7 Trustee when you filed the Petition. At time you surrendered your interest to the Trustee. A secured lender's foreclosure was not against you personally as you had already discharged your debt. If you did exempt a homestead... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: Is it legal for a rental property to include a mandatory internet charge on a monthly statement?

I currently rent a townhome in Fort Wayne and have been informed that I am being forced to start paying an additional $60 a month to an outside company for internet service, which I not only do not want but do not need.

I am trying to understand how this is not a violation of my current... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Aug 27, 2021

The answer is within the lease agreement itself-----does it allow for this charge? Of course, you say no and you may be correct----ask your landlord where in the lease it allows for the landlord to have this charge assessed to you. If, after he shows you the provision, you agree, then that's... Read more »

2 Answers | Asked in Real Estate Law for Indiana on
Q: I am purchasing 2 lots of land for $8000 and putting $6000 down. Should they be putting at least 1 lot in my name?
Anthony M. Avery
Anthony M. Avery answered on May 31, 2021

You need to stop what you are doing right now. Hire an attorney to search the title, then draft the deed, note and security instrument. Apparently you only are going to get a lease with option to purchase with your present scheme, and not own anything.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Indiana on
Q: I need help with last will and testament conditions and rights.

Beneficiary legal rights. And someone contesting the will.

Troy Tyson
Troy Tyson answered on May 10, 2021

You can use the Justia Lawyer Directory to find an experienced attorney to help you with your case.

1 Answer | Asked in Real Estate Law for Indiana on
Q: When must a property owner -servient- notify the other owner —dominant- that he or she can no longer use property

In order to avoid the prescriptive easement being granted in court due to failure to notify the dominant estate that he or she cannot use their property any longer ?

Anthony M. Avery
Anthony M. Avery answered on Dec 30, 2020

I am not sure of your question but obviously the servient owner wants to terminate the easement. This is a serious legal matter which should only be attempted by someone with competent legal advice. It may be easy, but then you may get sued. Hire a good lawyer to guide you as to what will... Read more »

1 Answer | Asked in Real Estate Law for Indiana on
Q: My mom was a grantor of a life estate 3 grantees one grantee had my mom sign over part of the property to him after .

The life estate was wrote in 1988 and 1997 he had my mom sign over one of two lots to him he put a house on it now she's deceased and I just found this out I'm a grantee

Anthony M. Avery
Anthony M. Avery answered on Aug 31, 2020

Not sure of your question because you do not state what is in the Deeds, nor their order of recordation. But assuming Mother kept a life estate and deeded one third remainders, then all three grantees are tenants in common of one-third undivided interests each of all the properties. But you... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Animal / Dog Law for Indiana on
Q: Can I do anything about my outside cat I’ve been taking care of when the neighbor stole it

Had it for months no paperwork or anything my kids fed it and it stayed here. We even provided food and shelter. Looked at the neighbors house and seen it in the window she stole it

Andrew L. Bennett
Andrew L. Bennett answered on Aug 10, 2020

Have you talked to the neighbor about having adopted it yourself? If she knew it was staying at your house she may give it back.

1 Answer | Asked in Real Estate Law for Indiana on
Q: My mother passed away 3 years ago and I have been in the house since then. My sister didn't want anything to do with it.

I have been rehabbing for a year and have put $10,000.00 or better in it. What do I do to get my name on the deed?

Anthony M. Avery
Anthony M. Avery answered on Aug 7, 2020

You probably need a competent lawyer to draft an Affidavit of Heirship that provides a source of title for you and your Sister. Then get the Sister to execute a Quit Claim Deed for it over to you.

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Landlord - Tenant for Indiana on
Q: My daughter, who has liver failure, has been staying with me for 1 1/2 mo. Now, her boyfriend is coming to stay.

He just got out of jail, and I don't know him from Adam. If things go terribly wrong and they get out of hand, how do I protect myself from them doing whatever they want here? My daughter stayed with me years ago and was physically abusive. When I went to throw her out- she told the cops she... Read more »

Troy Tyson
Troy Tyson answered on Jul 24, 2020

You may consider a protective order against the parties you are concerned about.

1 Answer | Asked in Real Estate Law, Animal / Dog Law, Environmental and Land Use & Zoning for Indiana on
Q: I'm a homeowner in Indiana. I have a fence on my property located about 6 inches back from my property line.

I never had my property surveyed, but there is a survey marker across the alley and all the lots on this part of town are all the same size, so that should be enough to clearly define my property line.

My neighbor has built two parallel fences that connect up to my fence crossing my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 12, 2020

You can sue for Trespass Damages. But you have a Boundary Line Dispute. You will probably need to get a Survey done, where the Surveyor knows he will be testifying in Court. If you do nothing, then you will acquiesce to the new Boundary. Both property owners now have clouds on their Titles.

1 Answer | Asked in Real Estate Law for Indiana on
Q: I am in the middle of a purchase of a home. I have buyers remorse. No other offers were available. Can I back out?

No other offers on the table, no money spent to prepare house, we have signed all documents leading up to purchase but signed 2 weeks prior but have 2.5 weeks until closing. My wife lost bonuses from her job due to Covid-19. Can I back out if I pay for all closing expenses occurred to this point... Read more »

Vincent Gallo
Vincent Gallo answered on Jun 7, 2020

You’re right and your obligations should be defined in the contract that you signed. If, however, you strike a deal with your seller which is amenable to both sides, anything is negotiable.

1 Answer | Asked in Real Estate Law, Bankruptcy and Intellectual Property for Indiana on
Q: Can the trustee of Chapter 13 take money from insurance company after my neighbors house exploded totaling out my house?

I filed Chapter 13 Bankruptcy in January of 2019 and have been making payments. In May of 2019 my neighbors house exploded condemning my house unlivable. The insurance company paid out $115,000 to repair the house totaling it out and said if I tear it down and rebuild it they will give $25,000 more... Read more »

Timothy Denison
Timothy Denison answered on May 24, 2020

You need a bankruptcy attorney ASAP to clean this up for you and to protect your interests. The trustee shouldn’t be able to hijack all your money from the house.

1 Answer | Asked in Real Estate Law for Indiana on
Q: Do i have to have poa recorded on selling a house to have my wife as poa, or is notarized ok?
Vincent Gallo
Vincent Gallo answered on Apr 25, 2020

Responding from the New York perspective, the power of attorney needs to be recorded simultaneously with the document which it pertains to.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Securities Law for Indiana on
Q: can my landloard record audio out side my front door with out my consent im in bluffton IN
Paul Stanko
Paul Stanko answered on Apr 19, 2020

Basically, a person can record anything that he or she was privileged to hear in the first place. If the landlord was in a place he was entitled to be, he can record whatever he was entitled to hear.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Indiana on
Q: Hi! Lease is up March 30th. New rental fell through. What are options if they will not rent monthly?

Tenant is pregnant and due at the same time lease is up. Hoped for apartment fell through. She is actively looking for new rental and very worried. What are her options if they refuse to rent her the apartment monthly until she finds a place? We do not want to take advantage of Them but moving... Read more »

Troy Tyson
Troy Tyson answered on Apr 8, 2020

You should do everything possible to work out a temporary arrangement with the current landlord. If that is not possible and you are forced to stay in the unit, that is known as "holding over," and the landlord will have to initiate eviction proceedings in order to have you removed.

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