Legal Question in Real Estate Law in Indiana

Out of state property owner

I live in California and own property in Atlanta, Indiana that is not occupied. A neighbor is paid twice a year to maintain the lawns. He was parking his equipment on the property without permission and I received a call from a real estate agent that stated she was interested in purchasing the property and believed my neighbor was attempting to get control of the property through squatters rights. I need to know what to do to protect my property?


Asked on 1/28/09, 4:07 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Out of state property owner

Are you sure the land is in Indiana and not Georgia. I do not know the laws of either state; you need to contact an attorney there or speak to a realtor who might be able to give you some advice.

In California there is no such thing as squatters' right, and I suspect the same is true in either of the two other states. To gain land by adverse possession you must act hostile to the interests of the owner, pay taxes, act in a legal fashion, and do so without the permission of the owner for 10 years. I doubt your neighbor meets all of those requirements.

If parking his equipment on your lot is illegal, tell him to remove it as he is breaking the law; if it is legal, tell him in a certified letter that you have given him no permission to do so, you would be entitled to rent from him for his parking on your lot, he should immediately stop doing so unless he does wants to enter into a rental agreement with you [I assume it is a vacant lot; you might as well get some income from it], ask on what basis is he parking on your lot and what does he have there [on a periodic basis he should e-mail you pictures of your lot, especially to show whta work he has done on it].

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Answered on 1/28/09, 6:10 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Out of state property owner

I have experience litigating adverse possession, but I am unclear as to Indiana law without looking it up. If you have a written agreement for him to be allowed to access your property, then he is not there adversely, which is a california requirement. However, as I said, I do not know about Indiana. I would make sure I have a clear written agreement with him, which in california anyway, would prevents adverse period from running. Otherwise you have to evict him. Let me know if you want my help.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 1/28/09, 9:06 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Out of state property owner

I have experience litigating adverse possession, but I am unclear as to Indiana law without looking it up. If you have a written agreement for him to be allowed to access your property, then he is not there adversely, which is a california requirement. However, as I said, I do not know about Indiana. I would make sure I have a clear written agreement with him, which in california anyway, would prevents adverse period from running. Otherwise you have to evict him. Let me know if you want my help.

Best,

Daniel Bakondi, Esq.

IMPORTANT:

No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

Read more
Answered on 1/28/09, 9:06 pm


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