Lexis Nexis Indiana Real Property Law and Practice
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Product description
Authored by Rory O’Bryan, Indiana Real Property Law and Practice provides a practical and authoritative resource for busy Indiana real estate practitioners and for other practitioners who need to know Indiana real estate law for their practices.
Focusing on the most common matters faced by real estate attorneys, Indiana Real Property Law and Practice includes forms as part of its insightful analysis.
Rory O’Bryan, well-known authority on real estate law in Indiana, brings expertise and practical tips from his nearly half a century of representing real estate developers, owners and investors, financial institutions, small and large companies and individuals in buying, selling, leasing and financing real properties.
As Adjunct Professor of Law at the Indiana University Michael S. Maurer School of Law, O’Bryan brings his considerable teaching skills into Indiana Real Property Law and Practice as he shares nuances and his suggested approach to the practice of law related to real estate in Indiana.
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Table of contents
Chapter 1 Indiana Landlord-Tenant Law Overview
§ 1.01 Relatively Few Indiana Landlord-Tenant Statutes
§ 1.02 Relatively Few Published Indiana Landlord-Tenant Court Cases
Chapter 2 Indiana Statutes Applicable to All Tenancies — Recording Requirement
§ 2.01 Source of Confusion: Statutory Recording Requirement
§ 2.02 Memorandum of Lease Is Rarely Recorded
§ 2.03 Form: Example of a Memorandum of Lease
Chapter 3 Indiana Statutes Applicable to All Tenancies — Tenancies At Will and Periodic Tenancies
§ 3.01 Determination and Creation of Tenancies At Will, Month-To-Month and Year-To-Year Tenancies
§ 3.02 Best Practice: Importance of Notice Provision in Lease Provision
§ 3.03 Holdover Tenancies
§ 3.04 Agricultural Leases
§ 3.05 Forms: Examples of Monthly Rent Payment Default Provisions for a Lease
§ 3.06 Forms: Example of Notice Provision for a Lease
§ 3.07 Forms: Examples of Alternative Holdover Provisions for a Lease
Chapter 4 Indiana Statutes Applicable to All Landlord-Tenant Relationships
§ 4.01 Introduction
§ 4.02 Alienees and Sublessees of Leasehold Interests
§ 4.03 Life Estates, Life Tenancies, Executors and Administrators
§ 4.04 Occupants of Land Without Contract
§ 4.05 Cases Noted for Failure to Assert or Apply Ind. Code § 32-31-1-17
§ 4.06 Forms: Examples of Subordination, Nondisturbance and Attornment Agreement
§ 4.07 Forms: Examples of Lease Provisions Limiting or Prohibiting Subletting Without Landlord’s Consent
Chapter 5 Indiana Statutes Applicable to Residential Leasing
§ 5.01 Introduction to Indiana Residential Landlord-Tenant Legislation
§ 5.02 Residential Landlord-Tenant Legislation: Historical Context
§ 5.03 Indiana General Residential Landlord-Tenant Act
Chapter 6 Indiana Real Estate Leasing Law, Custom and Practice
§ 6.01 Introduction – Approach of this Chapter
§ 6.02 Requirements to Create a Valid Lease
§ 6.03 Demise and Description of the Leased Premises
§ 6.04 Defining the Lease Term; Uncertain Commencement Date Issues
§ 6.05 Pre-Occupancy Considerations
§ 6.06 Rent Provisions
§ 6.07 Security Deposits, Letters of Credit, and Personal Guaranties
§ 6.08 Use and Occupancy Provisions
§ 6.09 Maintenance, Repairs, and Replacements
§ 6.10 Utilities
§ 6.11 Insurance.
§ 6.12 Assignment and Subleasing
§ 6.13 Casualty and Eminent Domain
§ 6.14 Quiet Enjoyment
§ 6.15 Subordination, Non-Disturbance and Attornment
§ 6.16 Estoppel Certificates
§ 6.17 Events of Default and Remedies
§ 6.18 Renewal Options
§ 6.19 Landlord’s Right to Relocate Tenant
§ 6.20 Early Termination Option for Tenant
§ 6.21 Options and Rights of First Offer or Refusal to Lease Additional Space
§ 6.22 Illustrative Forms: General/Miscellaneous Provisions
§ 6.23 Illustrative Forms: Different Approaches for a “Non-Binding” Provision
Chapter 7 Introduction to Purchase and Sale of Real Estate in Indiana
§ 7.01 Introduction
Chapter 8 Rent to Buy Agreements and Installment Land Sale Contracts Under Indiana Law
§ 8.01 Introduction and Background
§ 8.02 The Game Changer: Skendzel v. Marshall
§ 8.03 Leases with Purchase Options: Rent to Buy Agreements
§ 8.04 Skendzel v. Marshall’s Legacy
