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Real Estate

Indiana Supreme Court Decision Highlights Importance of Rent-to-Own Real Estate Contract Language

Contract ImageBy Matt Rust Landlords using rent-to-own contracts should take a second look at the terms of their...

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Know What to Expect When Buying Real Property in an Indiana Tax Sale

In Indiana, real estate may be sold at a “tax sale” if the owner fails to pay real property taxes.  Similar to a sheriff's sale, a tax sale is an auction and prospective buyers bid on a property, hoping it will be a profitable investment.  While each county has its own tax sale procedure, all counti...

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Right to Farm Act Plows Through Challenge

Group of Pink Pigs on CageA constitutional challenge to Indiana’s Right to Farm Act (“RTFA”) was recently tossed by the...

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Rent-to-Buy Lawsuit Heading to the Indiana Supreme Court

When seeking to monetize a real estate property, real estate owners often attempt to draft a “lease with option to purchase” contract, which provides the occupant with an option, but not an obligation, to purchase the real estate at the end of a defined term. Alternatively, real estate owners may de...

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Dealing with Water Drainage Issues: Liability and Immunity

Water drainage problems are a common headache for many property owners.  Oftentimes, a landowner’s rights to improve their own land may come at the expense of a neighboring property owner.  If someone else has caused water to flood or improperly drain on your property, you may have a right to seek l...

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Landlords’ and Property Owners’ Duty of Care re: Third Party Attacks

Acts of violence have become increasingly commonplace in our society.  To protect themselves from liability for such acts, landlords and property owners must understand the duty owed to tenants and invitees.  Recent changes in Indiana law have helped define when a landlord and property owner is resp...

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Indiana Court of Appeals Issues WOTUS-related Dam Ruling

As referenced in our prior blogs and seminars, there has been much discussion and litigation involving the scope of the “Water of the United States” definition, and the jurisdictional authority of the federal courts to hear challenges to the definition. Challenges to jurisdictional authority of g...

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Natural Resource Bill Sets Stage for Property Rights, Public Resources Debate

A Republican-sponsored bill circulating through the 2018 Indiana General Assembly aims to restrict local governments from regulating the development of natural resources on private property.  “Natural resources,” as defined by HB 1289, includes the extraction of mineral resources and the sale or rem...

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Who Owns the Tree that Sits on Your Property Line?

Having to cope with an unwanted tree that sits directly on one’s property line is an understandable frustration.  However, a property owner should exercise caution before taking matters into their own hands because longstanding legal principles do not favor an adjoining neighbor cutting down a tree ...

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KDDK Attorney Shannon Frank Speaks to Evansville Condo Network

[caption id="attachment_1861" align="alignleft" width="190"] Shannon S. Frank[/caption] KDDK attorney Shannon S. Frank was the...

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