Property Disputes in Indiana
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 Indiana. Discover the legal remedies and actions that can help you clear up a misunderstanding 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. Indiana 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
Many property disputes in Indiana fall under the purview of the Indiana Small Claims Courts. If you are experiencing such a dispute, this is most likely where your case will appear.
Common Types of Indiana Property Disputes
Often, the result of a property dispute in Indiana is the plaintiff will receive compensation to cover their losses. The most common property disputes 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 disagree 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 Indiana 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 Indiana Property Disputes
The Indiana Regulatory Commission states that the responsibility of tree trimming falls to the property owner on whose land the trunk of the tree rests. As such, if falling limbs cause damage to surrounding neighbors’ property, the owner is liable and must pay restitution for repairs.
Indiana, like all other states, has passed Right to Farm legislation, which is designed to protect agricultural land from nuisance lawsuits. However, according to the Indy Star, the Hoosier Environmental Council has filed suit challenging these laws as unconstitutional.
Legal Process for Boundary Disputes in Indiana
Has someone brought a property dispute against you in Indiana, 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 Indiana 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.
The University of Purdue confirms that all landowners outside city boundaries, by law, have to separate land that is used for agricultural purposes by the erection of a fence. Unless there is a recorded agreement stating otherwise, a land owner has to erect a line fence. However, the law stipulates that maintenance of such a fence can be governed by oral agreements between two landowners.
Try to Find a Solution with Your Neighbor
Dispute litigation in can be expensive and time-consuming, making it worthwhile to explore alternatives before heading to court. Opening a discussion with your neighbor to reach an agreement could save both parties significant time and money.
Start by communicating directly with your neighbor. Consider sending a letter, email, or making a phone call to discuss the issue. If appropriate and safe, visiting them in person can also be an effective way to address the dispute.
If no progress happens and it’s clear that you and your neighbor are still on completely different pages, then it’s time to take legal action.
Send a Demand Letter
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.
This letter will be from your Indiana 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.
Go to Court or Reach 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 look closely at the evidence presented and determine who owns the Indiana property in question. If you can’t reach an agreement, then the court will make a final decision based on the evidence you both submit. 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 is always in your best interest to settle.
Work With an Experienced Local Property Dispute Lawyer in 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 who understands Indiana 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!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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