Legal Question in Real Estate Law in Indiana

Not my property

I was shown property by a well established realter. I was also shown the property lines. I purchased the property and two weeks after the closing they said they made a mistake and had it re surveyed. Now they are telling me that I do not own what they sold me. My back yard connects with a large field, they tell me that my back yard belongs to the person that owns the field property, which he didn't know that he owned. Do I have a legal case or do I loose my back yard? The realters said they would purchase the property because it was their mistake, but so far all they have done is give me the run around. It has been ayear now.


Asked on 3/25/04, 8:04 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Not my property

Give these realtors a firm short deadline (30 days or less) to buy the backyard on your behalf then get an attorney and sue for rescission of the transaction. If your purchase agreement provides for recovery of attorney fees, you might be able to get the seller to reimburse you for your court costs. I imagine some of the delay comes from the possiblity that the land belongs to you by "adverse possession," but you shouldn't have to rely on something so nebulous. Sue them. Good luck.

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Answered on 3/26/04, 11:33 am


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