Legal Question in Real Estate Law in Indiana
Common area property tax
Common areas in our housing edition is owned by the homeowners assoc. These areas are being used by major oil company pipelines. Should the homeowners assoc. be responsible for property taxes, if so can we charge the oil companies for using the property
1 Answer from Attorneys
Re: Common area property tax
Don't bet against a major oil company. They have dozens of lawyers who probably enjoy thinking about property law and who make it their business to see that the oil company's property rights are completely protected before their company invests millions in pipelines. Very likely the pipeline operators have an easement or some other right to use the property, which may have pre-existed your homeowners association. And if they don't own the property outright, they don't pay a real estate property tax. In your closing papers from when you bought the house you should find a title policy. That policy will describe all the easements, but may refer to maps which are located at your county recorder's office. So you can check it out. Your homeowners association should be sure to make the case that the pipeline reduces the value of your property, a matter the association should bring up with your township assessor, to make sure you are paying the lowest property tax possible.