Property Law

Purchase / Sale Agreement

 We work closely and often with individuals and/or businesses that are either buying or selling property both with or without a realtor.  We examine title work, look over the closing statements, as well as help negotiate the original terms of the agreement.  Commercial purchases can be rather burdensome for business clients, particularly with regard to environmental issues and financing.  In some cases we either work directly with the client (buyer or seller) and the realtor (if there is one) as well as financial advisors or accountants. We are not tax professionals and, as a consequence, when there are tax issues of concern, we work with either your accountant, or help you select an accountant.

Land Contract

It has been our experience that the greatest majority of Land Contracts are usually between individual entities (individuals or businesses) most often without the involvement of a realtor.  We review such contracts for either the Vendor (seller) or Purchaser (buyer) and offer our clients specific advice on the terms and conditions of the document.  Often times, we generate the initial contract for one of the parties. Terms, environmental issues, penalties, forums for the resolution of disputes, attorney fees, and due diligence are but some of the few areas at which we look to protect your interests.

Deed / Conveyance

Deeds or other instruments of conveyance should be reviewed by legal counsel. How the deed is prepared may ultimately affect how the property is subsequently transferred. This office prepares deeds and reviews deeds that have already been prepared to make sure that we provide as much protection to our clients as possible.

Partition

Sometimes when two or more people own property together, the net result is problems; particularly, if one of the parties wants to sell or be paid for his/her interest in the property.  If an agreement cannot be reached, it is not unusual for a party in ownership to file a ‘Partition Action” asking that the property be divided or sold and the proceeds divided.  We have worked on both sides of these actions and stand prepared to help you in such situations.

Possession / Quiet Title

Indiana law allows for Quiet Title actions or Actions for Possession.  Quiet title simply means that there is a dispute with respect to the ownership of the land and that a legal action is necessary to resolve that dispute.  An action for possession is exactly what it sounds like.  It is an action where one is seeking to gain possession of property.  It may simply be a renter who refuses to move out, or it may be more complicated, but it can often take a legal proceeding to gain possession of what is rightfully yours.

Foreclosure / Eviction

If you hold a land contract (or a mortgage or lease) and the person or business occupying the property is not paying in accordance with the legal instrument that allows them to occupy the premises, you may be required to bring either a Foreclosure or Eviction action to recover your right to your property.  Jensen & Associates has experience in both and stand ready to assist you in any such action. Such actions can be filed in small claims court (depending on the circumstances) or in a county circuit/superior court. In such actions, we do all that can be done to recover your property as quickly as possible and thus limit your losses.

Lease

Jensen and Associates has reviewed leases from one to thirty plus pages.  We have drafted them for both the Lessee (the party who is going to occupy the property) and the Lessor (the party who generally owns the property). As a word of caution, we need to review any document before it is signed to be able to provide you with quality legal service.  If you sign a lease and then ask us what we think, we will be glad to tell you what we think, but it is too late to be of any help to you.  If we are not drafting the documents, we need to see them before they are signed.  Commercial leases can be extremely complex and have, or allow for, all kinds of things to be charged to the tenant.  We want you to know exactly what your liabilities are going to be before you sign the lease.

Zoning