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Real Estate

David Van Gilder has been practicing law since 1983. He is a graduate of Bowling Green State University and Washington College of Law, The American University.

Andrew Simmons has been practicing law since 2007. He is a graduate of Manchester College and Washington University School of Law.

If you have a question about a real estate matter, please call our offices and ask for Dave or his assistant, Joni; or Andrew or his assistant, Jessica.

Attorneys

FAQ's

1. What types of restrictions may be on my property? 

Answer:

Real estate owners need to be aware of possible restrictions placed on their property.  Under federal law, property may be subject to various environmental restrictions.  At the local level, zoning ordinances limit the uses of property depending on the district in which the property is located.  A special exception, variance, or even a rezoning may be required for a land use.  Finally, private agreements such as restrictive covenants are often found in developments.  Typical covenants regulate lot size, parking, and home appearance.

2. What is a Deed? 

Answer:

The transfer of any interest in land requires a written deed.  A deed states the names of the old and new owners and contains a legal description of the property to be transferred.  The most common types of deed are warranty and quit claim deeds.  A warranty deed assures good and marketable title to the property.  A quitclaim deed conveys only the title the seller has in the property and makes no warranty as to ownership or other defects in title.  Property conveyances need to be recorded with the Recorder’s Office.  There are many requirements for a deed to be properly recorded.  An attorney can assist you with this process. 

3. What is a “Sales Disclosure Form”? 

Answer:

A sales disclosure form must be completed with the transfer of any real property for value.  The form is to be signed and completed by the owner and buyer of the property to be transferred.  The sales disclosure should be filed with the county auditor prior to recordation of a deed.

4. What remedies are available to a tenant due to uninhabitable conditions? 

Answer:

Under Indiana law, a landlord is required to deliver the premises in a clean and habitable condition, comply with health and housing codes, maintain common areas, and provide safe and working electricity, plumbing, sanitation, and heating/air conditioning systems.  If there is a defect in any of these areas, the tenant should notify the landlord.  If the landlord does not remedy the problem in a reasonable amount of time, the tenant may file an action in court seeking actual damages, consequential damages, attorney’s fees, court costs, and any other appropriate remedy.  Tenants should be aware that the landlord obligations listed above do not apply in “rent to buy” transactions.

Accessing the information on this website does not create an attorney-client relationship. 

Indiana law requires a landlord to give to a tenant notice of claimed damages within 45 days of the termination of a lease agreement and to return any unused portion of the security deposit. If the landlord fails to give the tenant notice within 45 days, he or she waives his or her right to collect on any damages and must return the full deposit to the tenant. In a recent case, the Indiana Supreme Court ruled that, in cases where a court hearing is held regarding damages before the 45-day requirement has been met, the landlord must give separate notice of the claimed damages to the tenant; simply filing a claim with the court proceedings will not count.

Our attorneys are available to discuss this and similar issues with landlords and tenants.

Landlord Tenant Damages Deposit

In some cases, a landowner will remain liable for actions relating to property even after selling it if the seller maintains control over the maintenance of the property. In a recent case involving the sale of land where the seller kept title while the buyer made monthly payments, the Indiana Supreme Court held that there was a question of fact as to whether the seller maintained control over the land when the buyer was living on the land while making payments.

Matters of landowner liability are very fact-sensitive and our attorneys are available to speak with clients about their specific cases.

Landowner Liability After Selling

In some cases, a landowner will remain liable for actions relating to property even after selling it if the seller maintains control over the maintenance of the property. In a recent case involving the sale of land where the seller kept title while the buyer made monthly payments, the Indiana Supreme Court held that there was a question of fact as to whether the seller maintained control over the land when the buyer was living on the land while making payments.

Matters of landowner liability are very fact-sensitive and our attorneys are available to speak with clients about their specific cases.

Utility Easements/Fees

One issue many landowners and parents face today is injuries to children on someone else’s property. Whether it’s a pool, a trampoline or a pile of trash, children are tempted to play in areas that pose dangers that they may not fully appreciate. In a recent case, the Indiana Supreme Court held that a landowner may be liable for injuries that an uninvited child receives on its property if there was a dangerous condition that would likely temp children to enter the property and most children would not appreciate that danger.

Landowner Liability to Injured Children