Legal Question in Real Estate Law in Indiana

Abandoned Junk On Property

There is one acre of land which belongs to a man that is very hard to contact. My father has (I'm not sure what it is called) control of this land until he dies. There are two homes on this property. I have lived in one for three years, and the other was abandoned in November of last year. The one that was ''left to die'' has junk cars parked in front of it. The mobile home is a complete eye sore, not to mention that it is not safe to even walk in due to the floors falling through, etc. I see this as a danger to my children. I can't seem to get the owner nor my father to take any action on having the abandoned items removed. As a resident on this propery, what can I do to legally have this taken care of?


Asked on 8/21/01, 12:12 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Abandoned Junk On Property

Your father probably has what is called a life estate in the real estate. The other person has a remainder interest. If you are paying rent for use of the acre, then you would have the right to have it cleaned up. If you are paying rent for only the portion you use, you probably don't have the right to clean it up. If you don't pay rent, then you are considered a tenant at suffrance and would have no right. However, if you are in an urban area (that is within the town limits) you can call your local board of health for assistance. If you are in a rural area contact your county courthouse to see if there is a county health inspector and make a complaint to him. He should be able to compel the owners (your dad and the remainderman) to clean the property up.

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Answered on 8/23/01, 6:30 pm


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