Legal Question in Real Estate Law in Indiana

Is there help for a local church vs. its neighbors?

The church I attend has a dilemna regarding its neighbors. A couple of years ago, the church purchased adjoining property. The neighbors are trying their best to claim land that actually belongs to the church. They are claiming Adverse Possession. The church had a fence built to separate the properties, and the neighbors were advised to move a small building from the church's property. The church said they could keep their driveway, although the church's property would have divided their driveway in half. The building is still there, and the neighbors park a vehicle in front of it every day. Last week the neighbors drove a tractor across the church property and pulled up the fence to drive the tractor into their back yard. They did not ask for permission. The neighbors always come outside and yell and cuss when the church's mowers mow next to their property. They have nailed their junk to the side of the fence facing their property.

As far as I know the neighbors have not and do not pay property taxes on the property in question.

What is the best recourse for the church?

Thanks.


Asked on 7/08/02, 11:47 am

1 Answer from Attorneys

John Bator Bator Redman & Shive

Re: Is there help for a local church vs. its neighbors?

I need more details for a specific answer to the Church's dilemna-but if the neghbors are encroaching on church property and have damaged the fence, then a lawsuit should be filed as soon as possible. First, the church needs to quiet title to the disputed land and then ask for an order directing removal of the building along with damages for the fence. The adjoining landowner must be able to access his property and you may have to share a common easement.

Consult an attorney right away-under the laws of adverse possession, the adjoinging landowner can claim title after 20 years depending on the facts

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Answered on 7/08/02, 2:44 pm


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