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Articles Posted in Real Estate

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INDIANA COURT OF APPEALS HOLDS ABSOLUTE PRIVILEGE EXISTS AGAINST SLANDER OF TITLE WHEN LIS PENDENS NOTICE PROPERLY FILED AND ARGUMENT NOT WAIVED UPON APPEAL

On January 11, 2019, the Indiana Court of Appeals held that the trial court properly denied appellant RCM Phoenix Partners LLC’s (“Phoenix”) slander of title claim, even though the appellee 2007 East Meadows, LP (“Meadows”) failed to raise a claim of absolute privilege at the trial court level and raised…

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BOUNDARY TREES IN INDIANA: OWNERSHIP, RESPONSIBILITY AND OTHER RELATED TOPICS

Trees can be assets or a nuisance, depending on one’s perspective and situation. While they may provide shade, privacy or other value to one person, they may interfere with a neighbor’s enjoyment and safe use of his own property. Questions often arise about the ownership of trees growing on or…

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Indiana Creditor’s Laws New Indiana Case Clarifying Notices of Sheriff’s Sale By: Jeremy L. Fetty

In Surrisi v. Bremner, a 2011 Indiana Court of Appeals decision, the court held the Bill of Sale issued to the buyer (Bremner) invalid, as the Bill of Sale named business personal property which was not included in the Notice of Sheriff’s Sale. Bremner, a creditor of the sellers (Surrisis),…

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