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Entity Use in Asset Protection Planning Involving Rental Property
Author: Lindsay B. Schmitt (bio) Phone: 812.452.3570 Email: lschmitt@bamberger.com Do you own a rental property in your own name? If so, you might be exposing yourself to a significant level of...
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Remember to Record or Face Potentially Devastating Consequences
Author: Daniel R. Robinson (bio) Phone: 812.452.3564 Email: drobinson@bamberger.com The Indiana Court of Appeals recently re-affirmed the old adage “first in time is first in right” in a case involving...
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Developers – Are You Doing Business with a State Agency?
Author: Thomas J. Kimpel (bio) Phone: 812.452.3548 Email: tkimpel@bamberger.com As of January 1, 2014, I.C. 6.1.1-10-2 provides that real estate leased to a State Agency of Indiana is exempt from...
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Understanding the Residential Lead-Based Paint Hazard Reduction Act
Author: Brandon J. Powell (bio) Phone: 812.452.3525 Email: bpowell@bamberger.com The hazards of lead exposure are generally well-known, as are the potential sources of lead. Unfortunately, despite...
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Title Insurance Coverage for Commercial Mechanic’s Liens
Author: Jason P. Lueking (bio) Phone: 317.464.1591 Email: jlueking@bamberger.com When purchasing commercial real estate, one of the best ways to protect yourself against mechanic’s liens is to purchase...
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Do You Have an Abandoned Railroad Right-of-Way on Your Property?
Author: Thomas J. Kimpel (bio) Phone: 812.452.3548 Email: tkimpel@bamberger.com On March 10, 2014 the United States Supreme Court in the case of Marvin Brandt Revocable Trust vs. U.S. decided that a...
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Repealing the Indiana Responsible Property Transfer Law
Author: Lindsay B. Schmitt (bio) Phone: 812.452.3570 Email: lschmitt@bamberger.com The Indiana Legislature has repealed the Indiana Responsible Property Transfer Law (“IRPTL”). The repeal took effect...
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Enforcement of the Lead-Based Paint Renovation, Repair and Painting Rule
Author: Jamie B. Dameron (bio) Phone: 317.464.1591 Email: jdameron@bamberger.com Last year, EPA enforced a rule against contractors and other renovators who failed to follow lead-safe practices and the...
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The Known Loss Doctrine Fails to Prevent Environmental Liability Coverage
Author: Jamie B. Dameron (bio) Phone: 317.464.1591 Email: jdameron@bamberger.com Indiana law continues to favor policyholders when it comes to insurance coverage for cleaning up legacy environmental...
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Should You Include a Specific Performance Provision in Your Real Estate...
Author: Kristen M. Head (bio) Phone: 812.452.3527 Email: khead@bamberger.com A recent Indiana Court of Appeals case addressed certain issues related to specific performance of real estate purchase...
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Neighbors and Drainage: Water Issues are Not Always a “Common Enemy”
Author: Jamie B. Dameron (bio) Phone: 317.464.1591 Email: jdameron@bamberger.com It has long been the law in Indiana that surface water is a “common enemy.” Surface water drains from one property to...
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Changes to RREAL IN Reporting Requirements
Author: Jason P. Lueking (bio) Phone: 317.464.1591 Email: jlueking@bamberger.com Indiana’s Residential Real Estate Acquisition of License Information and Numbers Database (RREAL IN) has been in effect...
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Conducting Environmental Diligence in a Lease Transaction
Author: Jennifer A. Andres (bio) Phone: 317.224.2459 email: jandres@bamberger.com The need to conduct environmental due diligence prior to purchasing real estate or a business is now fairly...
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Paving the Way for the Commercial Use of Drones in U. S. Airspace
Author: Lindsay B. Schmitt (bio) Phone: 812.452.3570 Email: lschmitt@bamberger.com On June 21, 2016, the Federal Aviation Administration released new rules governing the use of small unmanned aircraft...
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