A real estate deal can go sideways fast, a missed deadline, a survey surprise, or a tenant who stops paying. In Indianapolis, even an 18-inch encroachment can trigger a multi‑party fight. This guide breaks down how Indianapolis Real Estate Litigation actually plays out, from common contract and boundary disputes to landlord‑tenant conflicts. It explains how Indiana courts handle these cases, when mediation makes sense, and what a full bench trial looks like if settlement doesn’t happen. It also highlights 2025 trends local owners should watch. For many, the right first step is speaking with experienced counsel, firms such as Cohen & Malad, LLP regularly help clients navigate high‑stakes property disputes with clear strategies and practical solutions.
Common real estate disputes in Indianapolis courts
Indianapolis courts see a steady cadence of real estate lawsuits, and most fall into a handful of familiar categories.
Frequent dispute types
- Purchase and sale contract fights: missed closing dates, failed financing, inspection or title objections, and disputes over earnest money.
- Title and ownership issues: quiet title actions after tax sales, unresolved liens, and claims about who actually owns what.
- Boundary and easement conflicts: fence-line encroachments, driveways across a neighbor’s parcel, and disagreements over access rights.
- Construction and seller disclosure claims: alleged hidden defects, water intrusion, or code issues discovered post‑closing.
- HOA/condo governance: enforcement of covenants, short‑term rental restrictions, and assessment disputes.
- Landlord‑tenant cases: nonpayment, holdovers, or habitability claims (covered in detail below).
Where these cases land
Most residential and commercial property cases in Marion County are filed in the Marion Superior Court. Smaller dollar disputes, especially rent and possession cases, often move through the small claims dockets built for speed. Many suits involve a request for equitable relief (injunctions, specific performance, or quiet title), which typically means a bench trial.
A theme across Indianapolis real estate litigation: the majority of matters resolve before trial. But when negotiations stall or the legal issues are novel, courts expect solid documentation, credible experts (surveyors, appraisers, contractors), and tight timelines.
Contract disagreements and property boundary conflicts explained
Contract disputes and boundary fights make up a large slice of Indianapolis real estate litigation, and they turn on different proofs and remedies.
Contract disagreements
Real estate contracts in Indiana must satisfy the Statute of Frauds (they need to be in writing and signed). Most purchase agreements also contain contingencies, financing, appraisal, title, inspection, or sale of the buyer’s home. When a deal collapses, the fight usually narrows to:
- Who breached first (and did they have a contractual excuse)?
- What happens to the earnest money (liquidated damages vs. return)?
- Can the non‑breaching party force a sale (specific performance) or only claim money damages?
Specific performance is commonly pursued because real property is unique. Courts will scrutinize whether the plaintiff was “ready, willing, and able” to perform. Title objections, inspection response timelines, and written extensions are often decisive. When liens or defects surface late, parties may use escrow holdbacks or post‑closing curative work: if not, expect motions and possibly a lis pendens to put the world on notice of the dispute.
Boundary and easement conflicts
Boundary cases usually start with dueling surveys or a fence built a little too confidently. Indiana law recognizes claims like quiet title, declaratory judgment, and injunctions to remove encroachments. Easements (by grant, necessity, or prescription) are about use rights, driveway access or utility lines, rather than ownership.
Adverse possession and prescriptive easement claims have strict elements: open and notorious use, under a claim of right, continuous for the statutory period, and exclusive or consistent with the claimed use. Courts often expect clean survey evidence, historical aerials or drone imagery, and neighbor testimony about how the land was treated over time. Remedies range from ordering removal of an encroaching structure to establishing an agreed boundary line or tailored access easement.
Bottom line: for both contracts and boundaries, meticulous records, emails, signed addenda, inspection responses, and surveys, carry outsized weight.
How landlord-tenant disputes are handled under Indiana law
Landlord‑tenant disputes in Indianapolis move quickly. Possession cases are designed for expedited hearings, while claims about repairs or deposits can take a bit longer.
Eviction (possession) cases
Evictions begin with proper notice, either as required by the lease or by Indiana statute. Many leases waive statutory notice for nonpayment: if not, landlords typically provide written notice and a short opportunity to cure. After filing, the court sets a prompt hearing. If the landlord proves a breach (nonpayment, holdover after lease end, or a material violation), the court may grant possession and set a move‑out date. Monetary judgments for back rent and damages can be awarded at the same hearing or a later one. Some courts encourage payment plans or mediated agreements that trade an orderly move‑out for reduced money judgments.
Tenants can raise defenses: payment, improper notice or service, landlord’s failure to maintain essential services, or retaliation. Indiana recognizes a warranty of habitability, tenants are entitled to safe, sanitary housing. Courts can order repairs and, in some cases, permit rent abatement or escrow. Withholding rent without a court order can backfire, so tenants typically seek judicial guidance.
Security deposits and fees
Indiana’s security deposit rules are strict on timing and documentation. After a tenant vacates and provides a forwarding address, landlords generally have a set period, commonly 45 days, to return the deposit or send an itemized list of lawful deductions. Miss the deadline or fail to itemize, and the landlord can forfeit the right to keep any portion, with potential exposure to damages and, in some scenarios, attorney’s fees. Clear, dated move‑in/move‑out photos and invoices often decide these cases.
Practical tips for both sides
- Put every notice and agreement in writing.
- Track repair requests and responses with dates and photos.
- Bring a ledger, the lease, and witnesses to court.
- Consider mediation early, it often salvages time and money better than a contested hearing.
Experienced Indianapolis counsel, including teams at Cohen & Malad, LLP, help landlords and tenants weigh fast settlement against the risks of litigating possession and money claims.
Mediation versus trial in real estate litigation outcomes
Most Indianapolis real estate litigation resolves through negotiation or mediation. Still, some cases need a judge to decide. Choosing the right path is strategic.
Why mediation often works
- Speed and cost: Mediation can resolve disputes in a day: trials can take months and require costly experts.
- Creative solutions: Parties can craft boundary line adjustments, access schedules, escrow holdbacks, or staged repair plans, outcomes a court might not order.
- Confidentiality: Sensitive issues (mold findings, contractor mistakes, or neighbor feuds) stay out of the public record.
- Relationship preservation: Neighbors and HOA communities have to live together after the dust settles.
Effective mediations start with strong, digestible evidence: surveys with clear overlays, inspection reports summarized in plain English, and a tight timeline of emails and text messages. Lawyers who try cases well also tend to mediate well, they know what a judge will care about.
When trial is the better route
- Pure questions of title or law where a clear ruling is needed (quiet title, deed interpretation).
- Bad‑faith conduct requiring injunctive relief or fee‑shifting.
- Failed mediations where the gap is principled, not monetary.
At trial, most real estate cases are bench trials. Expect motions for summary judgment, pretrial orders that narrow issues, and testimony from surveyors, appraisers, or contractors. Judges value credibility and contemporaneous documents over hindsight narratives. Skilled litigators, such as those at Cohen & Malad, LLP, prepare as if trial is certain while keeping settlement lanes open.
