Legal Question in Real Estate Law in Indiana

We purchased the property 3 1/2 years ago. At that time, the neighbor to the east informed us that she knew her flower bed was partially on our property but she would move it at a later date. The concrete border of the flower bed has broken apart and has been slowly moving further onto my property. The concrete border has recently completed its movement and is now blocking the natural drainage of storm water. When we informed them that now was a good time to move the border back on their property, the through their attorney are claiming adverse possession of this two foot strip. I had our property surveyed again and the stakes are displayed for all to see. They have further trespassed on my property by mowing a further two feet in to my property and actually scalping the turf. What kind of resolution can I expect?


Asked on 6/11/13, 1:14 am

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

More facts are necessary here in order to give you a crystal ball prediction. However, it does not sound that your giving her permission constitutes adverse possession. In order, to adequately have your position represented you must have legal counsel.

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Answered on 6/11/13, 5:54 pm


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