Legal Question in Real Estate Law in Indiana

House mine land yours

i have found a house i would like to purchase but there is a slight problem, the house sits on 3 lots,and 2 of the lots were purchased by another individual,the house sits 1/3rd on the other persons land and part of the septic system is on the other persons land. Theres not enough land to put a new septic system on, so that it would be on our property. We were told by the realator that if the septic system went bad we could not fix it, and therefor we would have no septic system at all.so my question is from a legal stand point how could i purchase this home considering someone else owns part of the land the house and septic is on? Couldn't the other owner charge me rent if i bought the house? what do i need to do to get around this problem and buy the house and have acess to the septic system? everything was on the property before the other person purchased the other 2 lots.


Asked on 3/12/06, 1:10 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: House mine land yours

The first thing to consider: walk away from this deal. Otherwise, this sounds like a case for some creative negotiation. The current property owner should obtain clear title for you of a sufficient amount of land that you can enjoy the use of the home. Make it the current owner's problem, not yours. The current owner might have a claim to title on a theory of adverse possession, but that involves the expense volatility of a lawsuit against the adjoining owner. You would have the same right, but why would you want to buy a lawsuit? How much would the lawsuit cost? How likely it is that the lawsuit would succeed? (You need to confer with a local real estate attorney. Way too many facts are involved to provide an answer without personal consultation.) And how much would it take to purchase the other two lots? If the problem can't be resolved before you purchase the property, then stay away. Good luck.

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Answered on 3/12/06, 1:32 pm


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