How do I resolve an easement or boundary dispute in Indiana?

1. Easement Types

Indiana recognizes express easements (written, recorded under Ind. Code § 32-21-2), easements by necessity, implied easements from prior use, prescriptive easements, and easements by estoppel.

2. Adverse Possession Elements

Ind. Code § 32-21-7-1 (formerly § 34-11-2-11): 10-year period. The 2006 statutory amendment requires the claimant to have paid all taxes assessed on the property in good faith for the 10-year period. Common law elements: control, intent, notice, duration (Fraley v. Minger, 829 N.E.2d 476).

3. Prescriptive Easement

20-year continuous, open, notorious, adverse use under claim of right (Wilfong v. Cessna, 838 N.E.2d 403). Note: 20 years for easement vs. 10 years for possession. Tax payment NOT required for prescriptive easement.

4. Quiet Title Action

Ind. Code § 32-30-3-1 et seq. Filed in circuit or superior court of county where land located.

5. Boundary Disputes

Indiana recognizes acquiescence in a boundary for the statutory period. Licensed Indiana professional surveyor essential.

6. Encroachment Remedies

Indiana courts apply relative hardship balancing for innocent encroachments; mandatory removal more likely for willful encroachers (Maddox v. Yocum, 35 N.E.2d 387).

7. Express Easement Termination

Release, merger, abandonment (nonuse plus clear intent), expiration, end of necessity.

8. Marketable Title Act

Indiana Marketable Title Act, Ind. Code § 32-20-1 et seq.: 50-year root of title extinguishes pre-root interests unless preserved by recorded notice.

9. Litigation / Mediation

Circuit or superior court for quiet title. Small claims court for boundary disputes under $10,000. Court-annexed mediation under Ind. ADR Rule 2.

This is legal information, not legal advice.