Real Estate & Environmental FAQs

What types of restrictions may be on my property?
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.

 What is a Deed?
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.

 What is a “Sales Disclosure Form”?
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.

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

  • Van Gilder & Trzynka, P.C.
    436 East Wayne Street
    Fort Wayne, IN 46802
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  • New Haven office
    435 Ann Street
    New Haven, IN 46774
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  • Phone: 260-424-8132
    Toll Free: 888-255-7910
    Fax: 260-969-5361