Legal Question in Real Estate Law in Indiana
Out Building on other peoples property
I purchased property a couple of years ago on contract then got a loan and payed it off 11 months ago. I have 2 problems.
1. I recently found out one of the out buildings is on 3 properties including mine. Also, my other outbuilding is within 2 feet of another property line.
2. The building within 2 feet of another property line has my garage on it. There is only one access to it as it sits at the bottom of a very steep hill. I can't access it any other way. My neighbors say that access is there property and they will not let anybody else access that building if I sell it. Also they say I cannot park anything in that drive even though it doesn't prevent them from accessing their drive or property.
I want to sell this place, but nobody will want to buy it if they cannot access their garage. What can I do if anything?
Also isn't it against the law to sell property with buildings on other peoples property, without disclosing it?
1 Answer from Attorneys
Re: Out Building on other peoples property
you have raised a number of issues that need more facts to be properly analyed to determine the alternative courses of action. Did you have a survey done? Was one required in your contract? What warranties and representations were made when the property was conveyed to you by the seller? How long has the agarage been there and how long has the property owner been using the drive? Is there a recorded easement for access to the property? Can your other outbuilding be moved at little or no expense?
As you can see, the issues you have raised are complex and fact sensitive. I would recommend a consultation with a real estate atty who can look over your documents and survey and then advise as to your options and remedies as well as the cost of each. Good luck
John Bator
Bator Redman & Shive, P.C.
317-685-2426
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