Legal Question in Real Estate Law in Indiana

Geothermal field under family ground
We live on a family farm where a small 1/2-acre plot was deeded to us when we built out house 44 years ago. About 18 years ago we put in a geothermal system and the pipes were placed outside our 1/2 acre in a farm field on my Father-in-law's (the farm's owner) insistence. He and my Mother-in-law have since passed away and the farm was transferred to all 6 kids. There was no written documents of any kind and now one of the brothers (1/6 owner) is threading to sue us for encroaching on the property (we are 1/6 owner of said property also) What is the law

Asked on 8/02/06, 1:46 am

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

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Re: Geothermal field under family ground

You need to take all your documents about the geothermal system and lay the facts before a lawyer with experience in real property law. I think your in-laws may have granted you an enforceable easement for the geothermal system, even though the grant was not in writing. (It may be more correct to say you have an equitable defense rather than an enforceable easement.) But these easement and equity questions are very fact sensitive, so bundle your papers and trundle yourselves to a real lawyer. Good luck.

Answered on 8/02/06, 12:06 pm

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