Legal Question in Real Estate Law in Indiana
Is there a "grandfather" law concerning property rights in Lake County Indiana, and how long must one maintain that piece of property before they can claim it?
Here's the problem. My Mother made a deal with a neighbor to give up part of her land in exchange for another part of that neighbor's. Fences were erected on the new property lines but the neighbor has since moved.
A person bought a parcel of that land at tax auction for $38.00 and insists she move her fence, OR she can buy the land for $4,000.00.
She has maintained the land for I believe 12 years. Does she have claim to it or must she move the fence?
Thank you in advance,
Gayle Ambrosini
2 Answers from Attorneys
There may be an adverse possession here. Depends on some things. Would help to know who paid the taxes on the property, who built the fence, who paid for the fence, whether there are receipts showing that, whether the neighbor who moved is willing to verify all of that.
There is no grandfather clause. As Voyle inidcated, there may be a claim for adverse possession. It would also be good to know whether their agreement was in writing.
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