Real Estate Law in Evansville, IN

What Is Real Estate Law?

Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home? Whether or not you are a property owner or tenant, you have rights under Evansville, Indiana real estate law. Developers, property managers, and investors can also face property issues. Common reasons for this include property rights, access, liabilities, and more. These matters are complicated, so the best first step is to seek the counsel of a qualified Evansville real estate attorney.

Types of Real Estate Law Disputes

Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Learn more about the different types of real estate disputes below.

Escrow Deposit 

If you decide to purchase any Evansville property, there are certain steps all involved parties must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.

Easement Real Estate Dispute

Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Evansville, IN  property deeds. Regardless of the reason for the dispute, the resolution often involves hiring an experienced real estate law attorney. Still, one step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.

Fraud/Omissions

Some unscrupulous sellers try to take advantage of buyers by withholding information. Ultimately, they may do this to impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with an experienced Evansville real estate lawyer to straighten things out.

According to the National Conference of State Legislatures, Indiana passed SB346 in 2009, creating the Mortgage Lending and Fraud Prevention Task Force (MLFPTF). MLFPTF is responsible for:

• Regulating the participants involved in originating, issuing, and closing home loans

• Enforcing state laws concerning fraud and mortgage lending practices

• Preventing fraudulent practices in the home loan industry

Contract Breaches

No Evansville, Indiana real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Evansville without a valid mutually beneficial contract.

Landlord/Tenant

Disputes often arise when Indiana landlords and tenants cannot agree on repairs, rent arrears, and more. Evansville, IN tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other. Not only is a valid rental agreement crucial, so is having good legal counsel.

Under Indiana Landlord Tenant laws, an Evansville landlord cannot change your locks, shut off your utilities, or take your property to evict you from the rental premises. An Evansville landlord can evict you by filing an ejectment lawsuit against you in Vanderburgh County Small Claims Court. In fact, your landlord can charge you for every day that you remain in the property until you turn the keys in. If the lease allows, the landlord can even charge you attorney’s fees and court costs. Keep in mind, if you are behind in rent, the landlord does not need to give you notice before they file the lawsuit.

Boundary Lines

Property line disagreements usually occur when adjoining Evansville, IN property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some Indiana property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.

Ownership

Ownership issues are common when an owner verbally transfers ownership without documentation. These disputes often happen when someone bequeaths their real estate to another without going through the proper process. Or, there can be other parties with ownership rights, such as certain lien holders. 

Determining the rightful owner of a property in Evansville is not always easy. Many factors and issues can arise when disagreements over real estate exist.

Liens

Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must clear before securing a mortgage or financing.

Indiana law dictates that a judgment creditor can place a lien on the judgment debtor’s real property. This will happen automatically if the debtor fails to pay the money judgment. However, if the property is in Evansville and the court isn’t, the creditor must file a copy of the judgment with the Vanderburgh County Clerk. Be aware, the lien can remain attached to the property for up to 10 years.

What Should You Do If You Become Involved in a Real Estate Dispute In Evansville, Indiana?

If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, you may want to speak with a qualified Evansville real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.

Learn About Real Estate Law

Evansville real estate law is quite complex. It is important for you to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.

Work With an Experienced Real Estate Attorney In Evansville, Indiana

Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with an experienced Evansville lawyer who has the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.

Get the legal help you need now. We help Indiana landlords, renters, property and more resolve their real estate litigation. Additionally, 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 experienced lawyer in your area!