Property Disputes in Evansville, IN

Property disputes in Indiana are common between neighbors. They even occur between companies and governments. People want to protect what is legally theirs, but sometimes the boundary lines are not clear.

Find out what you can do if you have a property dispute in Evansville, Indiana. Discover the legal remedies and actions that can help you clear up a misunderstanding, arrange a settlement, or manage an issue involving your property.

What Is a Property Dispute?

Property disputes are legal disputes that involve real estate, including single-family homes, apartments, roads, condominiums, and ponds. Evansville, IN property disputes can involve a wide range of parties, which might include some of the following:

• Neighbors
• Homeowners’ association
• Landlords and tenants
• Family members
• Trespassers
• Property visitors
• Government agencies

Smaller lawsuits over a property in Evansville go through small claims court. Alternatively, your legal proceedings will call for dealing with one of the state’s trial courts.

Common Types of Evansville, Indiana Property Disputes

It’s important to know about common disputes to understand your circumstances. The most common property disputes often include:

• Disputes between neighbors regarding where property lines exist
• Disputes between landlords and tenants regarding who is at fault for damage to the property
• Homeowners and real estate developers disagreeing over who is responsible for repairs on construction
• People blocking their neighbor’s view via a “spite fence” or another structure specifically made to annoy their neighbor
• Disputes between mortgage lenders and creditors over who can foreclose a property and who receives the proceeds of a sale
• Disputes between homeowners and government agencies about whether they have a utility easement
• Ownership disputes about who is the rightful owner of a property
• Issues with zoning

Beyond these examples, you may find other situations in Evansville where a property dispute occurs. In general, if you own land, you have to constantly watch out for it and ensure that others are not using it illegally or trying to claim it as their own.

Understanding Typical Evansville, Indiana Property Disputes

Trees and their management are frequent topics in property disputes in the State of Indiana. For instance, battles over trimming and who’s responsible for it are a regular issue. The regulations under state law can also involve utility companies and what they can do after emergencies. If you or a neighbor in Evansville have similar entanglements, you may need a lawyer to step in and protect your interests.

Another critical topic for landowners in Indiana made its way to the U.S. Supreme Court in 2020. As reported by National Hog Farmer, the nation’s highest judiciary rejected a petition to hear a case decided by the Court of Appeals of Indiana. As a result, this strengthened the state’s Right to Farm laws that protect farmers and ranchers from nuisance litigation. If your legal disagreement involves an agricultural operation, this event may restrict the options your attorney can pursue.

Legal Process for Boundary Disputes In Evansville, Indiana

Has someone brought a property dispute against you in Evansville, or are you starting a property dispute against someone else? If so, you need to understand the legal process you will go through. This process begins with understanding the issue at hand.

Understand the Boundary Issue

To understand the specific boundary dispute, you’ll have to do the following things:

• Complete a land survey to locate the exact boundary of your home as outlined in the legal description of the deed. This survey will help you understand your property and how much of your land is encroached.
• Conduct an appraisal to learn the exact market value of the piece of property that is in dispute.
• Do a title search to find all of the documents in the chain of title of your Evansville, IN property. The title search will show if any deeds may affect your ownership.

These things will likely have happened when you purchased the home. If that’s the case, the documents you already have should suffice unless the case goes to court.

Additionally, fencing can be an equally important and impactful element of boundary disputes. Getting a neighbor to contribute to repairs or construction can prove to be a challenge in Evansville. For that reason, Indiana law has options for property owners to remedy the problem. They can give twenty days’ notice to the person who owns an adjoining piece of land to build a fence. If they do not comply, the city trustees may get involved.

Try to Find a Solution with Your Neighbor

Property dispute litigation in Evansville, Indiana can cost a fortune, not to mention it can take a long time to settle a dispute. Therefore, it’s important to open a discussion between you and your neighbor. If you can reach an agreement and settle the dispute without going to court, you can save time and money.

Try to communicate directly with your neighbor. You can attempt sending a letter, email, making a phone call, or visiting their home if that’s a safe option.

If no progress happens and it’s clear that you and your neighbor are still on completely different pages, at this point, you should consider hiring an attorney to assist you. They can help you understand if you have legal grounds upon which to stand. If you do, then you can send a demand letter.

Sending a Demand Letter

This letter will be from your Evansville attorney to your neighbor, and it will outline the property dispute. It will give your neighbor the option to respond via a requested action, or it will provide a reasonable price for settling the dispute out of court.

Your neighbor will likely forward this letter to their attorney to better understand the boundary dispute. From there, the attorneys on both sides will decide the best course of action moving forward.

Going to Court or Reaching a Settlement

Typically, the best option for both sides is to settle the dispute out of court to avoid costly litigation fees. But if your negotiations are going nowhere, it might be necessary to file the dispute with the court. The court will then look closely at the evidence presented and determine who owns the Evansville, IN property in question. Keep in mind the court’s decision is legally binding. You may not agree with it, or it may not be exactly the result you wanted to see. That is why it’s typically in your best interest to settle.

Taking a case of $8,000 or less to trial means hearings with the Vanderburgh County Small Claims court. More substantial cases from Evansville will become the purview of the 26th Judicial District.

Work With an Experienced Local Property Dispute Lawyer In Evansville, Indiana

When it comes to property disputes, you should work with an experienced property dispute lawyer. Whether you’re filing a property dispute against your neighbor or you are defending a dispute brought against you, you’ll need a lawyer that understands Evansville property law on your side. An experienced lawyer can help you settle before taking the dispute to court, which will save you both time and money. We can even help you connect with an attorney across Indiana state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an attorney in your area!