Legal Question in Civil Litigation in Indiana

Removing abandoned property and being sued

Can I be sued for removing junk from land that is deeded to me?

My Father deeded me land with junk on it. He stated at the time that the junk goes with the land. The deed states, Land and all other valuable considerations. Can I be sued by him for the junk that I had removed?

Asked on 10/28/06, 1:16 am

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: Removing abandoned property and being sued

If you own the land, you can dispose of the junk, absent written restrictions to the contrary. However, your father may have considered the junk to be part of his retirement plan. Don't laugh! The longer old metal rusts, the more it seems to be worth. All sorts of possibilities arise in the imaginative lawyer's mind. For instance, why did your father transfer title to you? Perhaps he had been threatened by the EPA for soil and water contamination, so he wanted to transfer the problem to his beloved son. I doubt if the old man can successfully sue you, and he may be disinclined to invest the money in a lawyer who would try it. I suggest you take your deed and other papers and confer with a local lawyer experienced in real property law. Make sure the lawyer has no connection with your father. Good luck.

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Answered on 10/30/06, 7:38 am
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Removing abandoned property and being sued

He can sue you, the question is can he win? No one can answer that question without reading the deed word for word and knowing more of the circumstances concerning the converyance of the land to you.

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Answered on 10/29/06, 10:10 pm

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