Real Estate Disputes

Real estate disputes in Indiana encompass boundary and easement conflicts, title defects, purchase agreement breaches, construction defects, landlord-tenant litigation, and disputes over property conditions disclosed (or not disclosed) during a sale. These cases are heard in Indiana’s circuit and superior courts, with property-specific jurisdiction based on the county where the real estate is located. Indiana’s Real Estate Sales Disclosure Act (IC § 32-21-5) and Mechanic’s Lien statute (IC § 32-28-3) create specific rights and obligations that frequently give rise to litigation.

Common Real Estate Disputes

Boundary and Easement Disputes

Disagreements over property lines, fence placement, driveway access, and utility easements are among the most common real estate disputes in Indiana. Resolution often requires a professional survey, title examination, and review of recorded easements. Indiana’s adverse possession doctrine (IC § 32-21-7) allows a person who openly occupies another’s land for 10 continuous years to potentially claim ownership — making prompt resolution of boundary disputes important.

Seller Disclosure Disputes

Indiana law requires most residential property sellers to complete a seller’s disclosure form identifying known material defects. When a seller fails to disclose a known defect — foundation problems, water intrusion, mold, structural issues, or environmental contamination — the buyer may have claims for fraud, misrepresentation, or violation of the disclosure statute. The key question is whether the seller knew about the defect at the time of sale.

Construction Defect Claims

When new construction or renovation work is defective — structural failures, code violations, water intrusion from improper installation, or materials that don’t meet specifications — property owners can pursue claims against the contractor, subcontractors, and potentially the architect or engineer. Indiana’s statute of limitations for construction defect claims is generally six years from completion, with a 10-year statute of repose (IC § 32-30-1) that caps the outer limit for all construction-related claims.

Purchase Agreement Breaches

When a buyer or seller fails to close a real estate transaction according to the terms of the purchase agreement, the non-breaching party may pursue specific performance (a court order to complete the sale) or damages (including lost deposit, carrying costs, price differential, and expenses). Indiana courts readily grant specific performance in real estate cases because each property is considered unique.

Frequently Asked Questions

What can I do if the seller didn’t disclose a known defect?

You may have claims for fraudulent concealment, breach of the seller’s disclosure obligations, or breach of contract. Document the defect thoroughly (photographs, inspection reports, repair estimates), then consult an attorney promptly. The statute of limitations runs from when you discover (or should have discovered) the defect.

How are boundary disputes resolved in Indiana?

Start with a professional survey to establish the legal boundary. If the survey confirms an encroachment, attempt to resolve it through negotiation. If negotiation fails, you can file a quiet title action asking the court to determine the boundary. Indiana courts consider survey evidence, deed descriptions, historical use, and the doctrine of acquiescence (long-standing acceptance of an informal boundary).

Can I file a mechanic’s lien if a property owner doesn’t pay me?

If you performed labor or furnished materials for the improvement of real property in Indiana, you may file a mechanic’s lien within 60 days of your last work on the project (IC § 32-28-3). The lien must be recorded with the county recorder and enforced through a foreclosure action filed within one year of recording. Missing either deadline forfeits your lien rights.