Legal Question in Real Estate Law in Indiana
I have a question on a rather unique encroachment situation. I've owned my home for about 5 yr ( in Indiana) and recently found that driveway encroaches on the neighboring empty lot (unbuildable due to soil tests). The thing is, the man who owns the vacant lot is the same one who built the drive many years back when he owned both lots. He sold my lot many years ago to the gentleman from whom I bought it. Both knew of the situation, but I got no word of it. What are my options? I paid for title insurance. What is the title companies liability? Also, the empty lot is now up for sale.
1 Answer from Attorneys
You probably don't have any claim against the title company. If you've owned the property for a while---you have to be diligent in your claim. So that you don't have a problem when your property is eventually sold, you should approach the neighbor and get the matter legally resolved by way of deed or easement. A lawyer needs to do this for you.
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