Practice Area

Real Estate Law

Counsel for property owners, developers, contractors, investors, and landlords—from lease drafting to quiet title litigation.

What

Comprehensive Real Estate Legal Services

  • 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

Who

Who We Serve

  • 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

  • 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

Services in this practice

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.

Berkshire Law is here for you.

Tell us about your matter and we will point you to the right attorney — in Indiana or anywhere in our nationwide network.