Practice Area
Real Estate Law
Counsel for property owners, developers, contractors, investors, and landlords—from lease drafting to quiet title litigation.
Committed to protecting the interests of property owners, developers, contractors, real estate investors, and businesses, the Indianapolis real estate lawyers at Berkshire Law provide clients with a wide range of solutions to meet their real estate needs across residential, commercial, and investment property.
Real estate is often the most significant asset an individual or business owns, and Indiana's property laws are their own ecosystem: recording statutes, the Indiana tax sale process under Indiana Code 6-1.1, landlord-tenant obligations under IC 32-31, and mechanic's lien deadlines under IC 32-28-3 each carry rules and timelines that do not forgive guesswork. A template contract or a generic online form does not account for any of it.
Whether a client is quieting title after a tax sale purchase, negotiating a residential purchase agreement, evicting a nonpaying tenant, defending against an invalid tax deed, or filing a mechanic's lien to secure payment for completed work, Berkshire Law provides counsel grounded in Indiana statute, county recorder practice, and the local courts where these matters are actually litigated in Marion County and across central Indiana.
Founding attorney Jynell D. Berkshire brings a dual perspective as a licensed real estate broker and active investor as well as a litigator, which means advice that is legally sound and grounded in how transactions and disputes actually play out in the field, from the closing table to the courtroom.
What
Comprehensive Real Estate Legal Services
Our real estate practice covers the full lifecycle of property ownership: acquisition and due diligence, transactional drafting and closing, leasing and tenant management, and the litigation that follows when a title, a lease, a tax sale, or a construction contract goes wrong.
We handle both transactional matters, such as purchase agreements, deeds, and closings, and litigation matters, such as quiet title actions, eviction proceedings, tax deed challenges, and mechanic's lien foreclosures. Many clients need both sides of the practice on the same property at different points in ownership.
Title & Ownership
Resolving ownership disputes through quiet title actions and clearing historical defects, unreleased liens, and heirship claims from the chain of title.
Transactions
Drafting and reviewing purchase agreements, deeds, commercial and residential leases, and financing and closing documents.
Landlord-Tenant
Lease enforcement, security deposit compliance, notices to quit, and eviction proceedings under Indiana law.
Tax Sale & Liens
Prosecuting and defending Indiana tax sale acquisitions, tax deed petitions, and mechanic's lien filings and foreclosures.
Why
The Risk of Inadequate Real Estate Counsel
In real estate, a single oversight in a deed, a missed statutory notice period, or a mechanic's lien recorded a day late can mean years of litigation or the outright loss of a legal right. Title insurance is a valuable tool, but it does not cure everything, particularly off-record claims such as prescriptive easements, boundary disputes, or defects tied to a tax sale purchase.
Indiana law layers specific, sometimes counterintuitive requirements on top of general real estate practice: the 45-day security deposit accounting deadline under IC 32-31-3-12, the constitutional notice standard tax sale purchasers must satisfy before an owner's redemption rights expire, and the strict 90-day recording window for a mechanic's lien notice. Missing any one of these deadlines can end a claim or defense before it is ever heard on the merits.
Having counsel who tracks these Indiana-specific rules, rather than applying generic real estate practice, is often the difference between a transaction or dispute resolved on schedule and one that stalls in litigation for years.
Who
Who We Serve
We represent a diverse group of clients across the Indiana real estate market, ranging from first-time home buyers to institutional investors, from single-property landlords to construction subcontractors seeking payment.
Real Estate Investors
Counsel on tax sale acquisitions, quiet title actions, portfolio management, and entity structuring.
Landlords & Property Managers
Drafting enforceable leases and handling possession actions (evictions) for residential and commercial properties.
Construction Professionals
Representing general contractors and subcontractors in payment disputes and mechanic's lien filings.
Residential Buyers & Sellers
Ensuring that the largest transaction of your life is handled with precision and care.
Property Owners Facing Tax Sale
Defending owners who face loss of property through delinquent tax sales or invalid tax deed proceedings.
When
When to Involve a Real Estate Attorney
The best time to bring in counsel is before a document is signed or a deadline starts running: before a purchase agreement is executed, before a tenant is given notice, before a tax sale bid is placed, or before construction work begins without a signed contract.
Clients also come to us mid-dispute, often with a clock already running: a mechanic's lien notice deadline approaching, an eviction hearing scheduled, or a redemption period about to close on a tax-sold property. In these situations, timing drives strategy, and earlier engagement preserves more options.
Before closing on a property
To review the title commitment, purchase agreement, and any disclosures before funds change hands.
Before serving or receiving a notice to quit
To confirm the notice and grounds comply with Indiana law before an eviction is filed.
Before bidding at a tax sale, or after receiving a tax sale notice
To understand redemption rights, notice requirements, and the path to marketable title.
Before the 90-day mechanic's lien deadline
To ensure a Notice of Intention to Hold a Lien is recorded on time and correctly.
How
Our Approach to Property Law
We combine technical legal expertise with a focus on speed and cost-effectiveness. In real estate, delays often mean lost rent, increased holding costs, or a lapsed statutory deadline. Our goal is to resolve issues efficiently through negotiation and documentation where possible, and through focused litigation in the appropriate Indiana court when necessary.
That means running a title search before litigation is filed, calendaring every statutory deadline the moment a matter is opened, and communicating clearly with clients about the realistic timeline and process ahead, without promising a particular outcome.
Services in this practice
Quiet Title Action
Clearing clouds on title so a property can be sold, insured, or financed without ownership disputes.
Residential Real Estate
Legal representation for home buyers, sellers, and investors in Indiana residential transactions.
Landlord Tenant Disputes
Representing landlords in lease enforcement, possession actions, and compliance with Indiana law.
Tax Sale Challenges
Defending property owners from tax sales or helping investors secure their tax deed acquisitions.
Mechanic Liens & Contractor Disputes
Securing payment for contractors and defending owners against invalid construction liens.
Questions
Common questions
Do I need an attorney for a real estate closing in Indiana?
Indiana law does not require an attorney at every residential closing, but having one review your purchase agreement, title commitment, and closing documents is strongly recommended, especially for investment, commercial, or non-traditional (FSBO) transactions where a title company will not advocate for either side.
What is the difference between a Warranty Deed and a Quitclaim Deed?
A Warranty Deed guarantees that the seller holds clear title and will defend the buyer against claims made against that title. A Quitclaim Deed transfers only whatever interest the seller actually has, with no guarantee that the interest is valid or unencumbered. The right instrument depends on the relationship between the parties and the transaction's purpose.
How does Indiana's tax sale process work?
When property taxes go delinquent, the county auditor certifies the property for tax sale, and it is sold at public auction to satisfy the lien. The original owner generally retains a statutory redemption period to pay off the debt and reclaim the property. If the property is not redeemed, the purchaser can petition the court for a tax deed, though that deed still requires further steps to become insurable, marketable title.
What is Indiana's rule on returning a security deposit?
Under IC 32-31-3-12, a landlord has 45 days after termination of the rental agreement and delivery of possession to return the security deposit or provide an itemized list of damages and deductions. A landlord who fails to comply within that window can lose the right to withhold any part of the deposit and may be liable for the tenant's costs.
What is a mechanic's lien and who can file one in Indiana?
A mechanic's lien is a legal claim recorded against real property to secure payment for labor, services, or materials provided to improve it. In Indiana, contractors, subcontractors, laborers, and material suppliers can generally file one, but strict notice and recording deadlines under IC 32-28-3 apply, and missing them can forfeit the lien right entirely.
Can a property be sold immediately after a tax deed is issued?
Not reliably. Most title companies will not insure title conveyed by a tax deed for a period of time, often one to several years, unless the purchaser first completes a quiet title action confirming ownership against all other potential claimants. Investors planning to resell or refinance quickly should plan for this step.
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