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Adverse Possession Litigation in Indiana - Litigation News

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Litigation News


Posted on: Nov 5, 2015

By Sam Laurin, Bose McKinney & Evans LLP

Adverse possession remains a fertile area of litigation in Indiana and is an issue that the Indiana Supreme Court is quite willing to grant transfer. In September, the Indiana Supreme Court granted transfer in Bonnell v. Cotner, 35 N.E.3d 275 (Ind. Ct. App 2015) trans granted 37 N.E.3d 493 (Ind. 2015). Bonnell addressed the impact of a tax sale on an adverse possession claim.

In Celebration Worship Center Inc. v. Tucker, 35 N.E.3d 251 (Ind. 2015) the Indiana Supreme Court reaffirmed the four elements necessary to establish adverse possession: (1) Control, (2) Intent, (3) Notice and (4) Duration (continuously for 10 years). The Court in Tucker also discussed in detail the requirement of I.C. 34-11-2-11, which states that the adverse possessor pay all taxes that the adverse possessor in good faith reasonably believes are due. The adverse possessor did not actually pay taxes on the disputed real estate, but the Supreme Court held that did not defeat the claim for adverse possession because the undisputed evidence that the adverse possessor believed in good faith that she was paying taxes on the disputed real estate.

This article was written by Sam Laurin of Bose McKinney & Evans LLP. If you would like to submit content or write an article for the Litigation Section page, please email Rachel Beachy at rbeachy@indybar.org.

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