How not to contest adverse possession.

“While the parties were litigating the issue of ownership, Flick tried to drive Reuter from her home. He removed the underpinning of her mobile home and severed the water lines accessing the well. A short time later, he entered Reuter’s land with a large rotary mower, destroyed her plants, and erected an electric fence around her home.”

While the IN CoA ultimately found that the Reuter was not entitled to retain the property under adverse possession or any other theory, reversing the trial court, it did affirm the award of damages award of $29,487.70 against Flick for damages he caused by attempting to eject Reuter without court authorization pursuant to Indiana Code § 32-30-2-1.

www.in.gov/judiciary/opinions/pdf/02131401nhv.pdf.

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About Matt Anderson

I am civil trial attorney in South Bend, Indiana and have practiced on both sides of insurance and personal injury law in Illinois and Indiana for the better part of ten years. I created this blog as a way for other Indiana civil litigation and trial attorneys to get meaningful updates on cases ad issues that affect their practice. (I'll admit that there is some self-interest involved since it's also a handy way to summarize and file my own research.)

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