Legal Question in Real Estate Law in Indiana

road repair and maintenance

I live in a neighborhood in Clark Co., Indiana. The bank who loaned the money to the developer foreclosed on the developer, and then bought the land back at a Sherriff\'s auction. There are deed restrictions, but not HOA was formed. There are 20 families living in this neigborhood. The bank owns approx 50 acres of land that was never developed, plus 4 lots in \''Phase I\'' where we reside. There was a letter of credit for the roads, but the county let it expire. No top coat was applied. Our roads are falling apart now. Who is legally responsible for our road repair and maintenance? Thank you.


Asked on 4/05/07, 11:03 pm

1 Answer from Attorneys
Mark Voigtmann Baker & Daniels

Re: road repair and maintenance

This is an interesting situation because it reminds me of a similar circumstance in which my family (not too long ago) found itself. While I would not entirely rule out the possibility that the bank is liable for the road completion, my instincts tell me that this is pretty unlikely. Somewhat more probable are the possibilities that ALL landowners (including the bank) are at least liable for these costs on a pro rata basis or that Clark County is liable. A final possibility, of course, is that NO ONE is responsible-meaning, unfortunately, that a group of paying volunteers could repair the road, but no one could be COMPELLED to contribute. As with many legal issues, the facts of the situation will be key. I would be happy to consider this problem in greater detail if you decide to hire legal counsel. I can be contacted at [email protected].

Read more
Answered on 4/08/07, 11:16 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Indiana