Legal Question in Real Estate Law in Indiana
Motion to Quiet Title
My friend has owned some land for several years in Indiana. Now, a neighboring landowner is sueing her for 10 acres he says are his according to a deed dating back to the 1800's. He plans to donate it as a tax write to the gvnmt for a wetland area. She is of Very modest means. What action should she take, without incuring legals fees, to determine if her deed or his is valid. Is the burden of proof his or my friends. When she purchased the property the bank did not require a survey, however she is in possession of what she is calling an ''abstract'' for the property lines, which was sufficient for the purchase of the property. Additionally, she has contact with the family who owned the property in the 1800's.
1 Answer from Attorneys
Re: Motion to Quiet Title
As I prepared this answer, I realized the best advice is that your friend should very promptly consult with a local real estate attorney. The county bar association may have an attorney referral program, where she can confer with someone for not very much money. In Indiana, the defendant must respond within 20 days, not 30, only 20. It's possible to get extensions, but the request must be made within the 20 day period. Otherwise, the plaintiff could obtain a default judgment.
What about a title company? Was there a title company involved in the transaction? Your friend should immediately alert the title company to the lawsuit and ask them to defend against it. Someone should do a survey, using both your friend's deed and abstract and using the neighbor's deed and abstract. Maybe you can agree about the facts. If the title or abstract company
made a mistake, they should reimburse your friend for the value of the lost property.
Burden of proof is a shifty concept. It is always the complaining party's burden to prove her case. But if the defending party raises any affirmative defenses -- like adverse possession -- then the burden of proof for that defense is on the party advancing it.
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