Real Estate Law

A title search examines the chain of ownership, recorded liens, judgments, easements, and encumbrances affecting a property. In Indiana, title searches are typically performed by a title company — but a title company’s review is limited to what appears in the public record. An attorney-conducted title examination goes deeper, identifying issues like improperly released mortgages, boundary discrepancies, and estate-related clouds on title. Title insurance protects the lender and buyer against defects that weren’t caught, so yes — you generally want both the search and the policy. We handle title review for clients who want a lawyer reading what the title company may not flag.

In most cases, yes. Holding rental property in a personally owned LLC separates your investment liability from your personal assets. If a tenant sues over a slip-and-fall or a maintenance dispute, the LLC — not your savings account or your home — is the defendant. Indiana’s LLC formation statute (IC § 23-18) makes this straightforward, but the operating agreement, registered agent designation, and how you actually title the property all matter. A poorly structured entity provides no protection at all. We help investors set up entities correctly from the start and restructure existing holdings when they’ve outgrown their original setup.

A 1031 exchange (named for IRC § 1031) lets you defer capital gains tax when you sell an investment property and reinvest the proceeds into a “like-kind” property. Indiana follows federal tax treatment here — there’s no separate state exclusion to worry about. But the rules are strict: you have 45 days to identify replacement properties and 180 days to close, and the exchange must be facilitated by a qualified intermediary. You can’t touch the funds. We coordinate with your CPA and intermediary to make sure the legal side — contracts, entity considerations, closing timelines — doesn’t derail the tax benefit.

Indiana’s landlord-tenant statute (IC § 32-31) provides a structured process. For nonpayment of rent, you deliver a written 10-day notice to pay or vacate. If the tenant doesn’t cure, you file a complaint for possession in small claims or superior court. Self-help evictions — changing locks, shutting off utilities, removing belongings — are illegal and expose you to liability. The process from notice to court order typically takes three to five weeks. A well-drafted lease and proper notice procedure make the difference between a clean possession and a contested hearing.

Commercial leases in Indiana don’t carry the same tenant protections as residential leases. Terms like personal guarantees, CAM (common area maintenance) charges, escalation clauses, assignment restrictions, and default remedies are all negotiable — and all heavily favor the landlord in a standard-form lease. A single overlooked clause can cost tens of thousands over the term. We review and negotiate commercial leases for both landlords and tenants, making sure the financial obligations, maintenance responsibilities, and exit terms are clear before you sign.

Indiana doesn’t require an attorney at closing, but having one protects you. At closing, the buyer signs loan documents and the deed transfers. The title company disburses funds, records the deed with the county recorder, and issues the title insurance policy. What most people miss: by the time you’re at the closing table, the terms are already locked. The time to catch problems — survey issues, title exceptions, inspection contingencies, prorated taxes — is before closing, during document review. We review every closing document in advance so our clients aren’t discovering surprises at the table.

Boundary disputes typically start with a professional survey and a review of the recorded plat and deeds. If the survey confirms an encroachment or a boundary discrepancy, the parties can negotiate a boundary line agreement or a lot line adjustment through the local planning office. When negotiation fails, Indiana courts resolve disputes through quiet title actions (IC § 32-30-3), and may apply the doctrine of acquiescence if a boundary has been treated as established for a long period. These cases turn on survey evidence, deed language, and sometimes decades of conduct between neighbors.

Zoning regulations in Indiana are set at the county and municipal level. Before purchasing property for development, conversion, or a change in use, check the local zoning ordinance and comprehensive plan. If your intended use doesn’t conform, you’ll need a variance (Board of Zoning Appeals) or a rezone (plan commission and local legislative body). Indiana’s planning and zoning statutes (IC § 36-7-4) govern the process. We advise property owners and investors on zoning compliance, variance applications, and land use issues before they commit to a purchase or a project that the local code won’t allow.