Scott & Aplin LLCScott & Aplin LLC2026-06-02T19:26:14Zhttps://www.scottaplinllc.com/feed/atom/WordPress/wp-content/uploads/sites/1204465/2025/09/cropped-favicon-aplin-512-32x32.pngOn Behalf of Scott & Aplin LLC<![CDATA[Can someone really claim ownership of my unused land?]]>https://www.scottaplinllc.com/?p=497272025-12-17T20:00:34Z2025-12-17T20:00:34Z waking up one morning to find someone living on your property, claiming it as their own. The frustration of dealing with a squatter who is attempting to claim ownership of your land can be overwhelming. As a property owner, you might feel a mix of anger and helplessness, but it is important to approach the situation with a clear understanding of your rights and the legal steps necessary to reclaim your land.
The squatter is likely trying to build a claim based on adverse possession. Adverse possession is a legal doctrine that allows a person to claim ownership of land under certain conditions. In Indiana, as in many states, this law can lead to unexpected challenges for property owners. Landowners who find themselves in this situation are wise to understand how adverse possession works.
Adverse possession in Indiana: The basics
Adverse possession claims generally require the squatter to meet specific criteria over a continuous period of time. This often includes that the squatter’s possession be:
Actual: The claimant must physically use the land, such as farming or building on it.
Open and notorious: The use of the land must be visible and obvious to anyone, including the rightful owner.
Exclusive: The claimant must possess the land without sharing control with others, including the owner.
Hostile: The possession must be without the owner's permission.
Continuous: The claimant must use the land without interruption for the entire statutory period.
A property owner is wise to prepare to challenge the elements like this which the squatter will use to build their claim.
Strategies to prevent adverse possession
Property owners can take proactive steps to mitigate the risk of an adverse possession claim. This can include routinely inspecting your property to ensure no unauthorized use is occurring and maintaining clear and visible property boundaries with fences or markers.If you allow someone to use your land, have a written agreement specifying the terms and acknowledging your ownership.
Legal remedies for landowners
If you discover someone attempting to claim your land through adverse possession, there are legal remedies available:
File a lawsuit: Initiate a quiet title action to assert your ownership and remove any adverse claims.
Negotiate a settlement: In some cases, negotiating with the claimant may resolve the issue without lengthy litigation.
Seek an injunction: Request a court order to stop the claimant from using your property.
Taking swift legal action is essential to protect your property rights and prevent the loss of ownership.Adverse possession laws in Indiana can pose significant challenges for property owners. To make matters even more complicated, they are often evolving. Thankfully the most recent change was in the benefit of landowners. A new law provides clarity on the definition of a "squatter," explaining that this individual is one who is on another’s land without permission or a rental agreement. The law allows the property owner to seek an affidavit stating that there is unauthorized occupancy which law enforcement can then use to remove the squatter. This is yet another legal remedy available to property owners dealing with others attempting to take over their land. Property owners can seek legal counsel experienced in these and other options to review their case and help determine the best course of action. ]]>On Behalf of Scott & Aplin LLC<![CDATA[Do demanding jobs impact child custody arrangements in Indiana?]]>https://www.scottaplinllc.com/?p=494492025-08-01T12:11:13Z2025-08-01T12:11:13ZUnderstanding "substantial change"
Indiana courts prioritize the best interests of the child above all else. If you are seeking to modify a custody order, you must show a "substantial change" in circumstances. This change in circumstances must justify the modification. This could include factors directly related to a parent's demanding job, such as increased work commitments, frequent travel or a significant change in income that affects the child's needs.
The burden of proof
If you are the parent requesting the modification, you have the burden of proof. You need to present convincing proof to the court that modifying custody will benefit the child. Documentation is crucial. For example, if you are a business owner, you might need to present financial records and business plans to illustrate the increased demands of your growing company. If you are a physician, you might need to provide your work schedule and on-call commitments to demonstrate your limited availability.
The child's voice
Indiana law allows children of a certain age – typically 14, but sometimes younger – to state their wishes regarding who they live with. Although the court makes the final decision with the child's well-being in mind, they will consider the child's opinion. The court may want to understand how the parent's job is affecting the child.
Legal counsel is essential
Modifying child custody can be a complex and emotionally charged process. Engaging experienced legal counsel is highly recommended. An attorney can help you assess the strength of your case and gather the necessary evidence. They can also guide you through the legal procedures and advocate for your child's best interests in court. Moreover, they can advise you on the potential implications of any proposed modifications.
Beyond the courtroom
Remember, the ultimate goal is to create a stable and supportive environment for your child. Explore options like mediation or collaborative law, which can facilitate amicable resolutions and minimize conflict. Don't let courtroom battles overshadow what truly matters: working together to create a custody arrangement that prioritizes your child's well-being.]]>On Behalf of Scott & Aplin LLC<![CDATA[How can HOAs collect on unpaid dues and fines?]]>https://www.scottaplinllc.com/?p=494092025-05-02T10:43:08Z2025-05-02T10:43:08ZHOAs have the right to seek liens and foreclose
The agreements that homeowners enter into with their local HOA clarify the obligations of each party. While the documents may differ slightly from one community to the next, certain provisions are standard.
For example, issuing fines after a property is out of compliance for a set number of days is standard procedure in most communities. So is assessing a late fee for those who do not pay their monthly fees as they should. In some cases, HOAs may limit access to shared spaces and community amenities until property owners pay what they owe.
Other times, they take legal action to resolve outstanding fees. If the owner does not pay promptly or make arrangements to do so, then the HOA could pursue a lien against their property. A lien is an official note on the title records for the property that indicates there is a financial obligation secured by the property.
If the homeowner pays what they owe in full, they can remove the lien. If they do not pay everything in full, then the HOA might try to enforce the lien. Enforcing the lien often involves foreclosure proceedings. People can lose their homeownership because of past-due fees and fines owed to their HOAs.
Property owners living in HOA communities and those serving on the boards in HOA communities often need support when navigating conflicts related to unpaid fees and fines, and that’s okay. Understanding the enforcement methods HOAs can use could lead to a faster resolution of a fee-related conflict.]]>On Behalf of Scott & Aplin LLC<![CDATA[Why you should avoid social media during a divorce]]>https://www.scottaplinllc.com/?p=494082025-03-04T02:21:36Z2025-03-04T02:21:36ZSocial media as evidence
Social media platforms are treasure troves of information. Divorce lawyers often turn to sites like Facebook, Instagram, and Twitter to find evidence. You might think your posts are harmless, but they can have significant consequences.
For instance, if you claim you cannot afford alimony but post about expensive purchases, it could harm your case. Similarly, a tagged photo at a party could conflict with your claims of being busy with work or family obligations. Everything you post is a potential piece of evidence in court.
Privacy is not guaranteed
Many people assume their privacy settings protect them. This is a misconception. Even with strict settings, your information is not entirely private. Friends and family can inadvertently share details about you.
Mutual friends with your ex-spouse may see your posts and pass them along. Additionally, deleted content is not always gone for good. Forensic experts can retrieve it, making it fair game in legal proceedings. Always assume that anything you post can become public knowledge.
Legal and ethical considerations
Accessing someone else's social media without permission is illegal. It is crucial to remember this if you think about checking your ex's profiles for evidence. Doing so can have legal repercussions. If you suspect infidelity or hidden assets, consult a family law attorney. They can advise on gathering information legally and ethically. Protecting yourself legally is essential, and a professional can guide you through the process.
During a divorce, it is wise to limit your social media activity. Every post, comment, and photo have the potential to impact your case. Remember, what seems trivial to you might be significant in court. Protect your interests by staying mindful of what you share online. Consult with a legal professional to ensure you are making the best decisions for your situation. Your focus should be on your future and moving forward positively.]]>On Behalf of Scott & Aplin LLC<![CDATA[Four financial tasks you should complete to prepare for your divorce]]>https://www.scottaplinllc.com/?p=494072025-09-08T16:30:30Z2024-10-31T20:15:21Zhow tough it is depends on where you stand financially and what steps you are taking to prepare. Regardless of where you stand with your spouse, whether or not you get along, things often change during the divorce proceedings. Remember this while you prepare so an unexpected event does not shake you.
During this challenging time, focus on:
The first thing you should do is gather your financial documents and give them to your attorney. This process can take some time because you must gather tax returns, pay slips, investment documents, retirement plan account information, and more. Organizing these documents and giving them to your attorney will help during the negotiating stage of the trial.
If you and your spouse have joint checking, debit or credit accounts, consider the possibility of applying for an account solely in your name. Do not move around assets without discussing it with your attorney first, as that could get you in trouble in court.
Develop two budgets: one that represents what is coming in and going out now, and another adjusted to represent what you think you will have and believe you will need after the divorce. This can help your attorney get you as close to that number as possible.
If you have complicated finances, for example, if you and your spouse share a business or you contributed significantly to your spouse's company, consider hiring a financial expert who can assess your financial situation, project future income and expenses, and more realistically plan for the division of assets.
Even though many people think that divorce begins when they first file, in reality, there are many things you can do in advance that will help you in later stages. Being prepared will get you started on the right foot and help you transition smoothly into the next chapter of your life.]]>On Behalf of Scott & Aplin LLC<![CDATA[Why do I need a divorce attorney?]]>https://www.scottaplinllc.com/?p=493802024-08-06T15:18:38Z2024-08-06T15:18:38ZExpertise
People going through a divorce must go through the legal system, whether they do so via traditional litigation or alternative dispute resolution. A divorce attorney has the knowledge, understanding and experience to help you efficiently get through this process.
Objectivity
Having an attorney adds a layer of protection to anyone going through a divorce because attorneys not only help you with the legal aspects of the divorce but also counsel you on what is in your best interest.
Finances
Attorneys know how difficult divorce is financially. It affects every family differently, but everyone feels the financial effects of divorce in one way or another.
Having an attorney can lessen these adverse effects because attorneys who try these cases regularly know from experience what is and is not helpful.
Children
If children are involved and you must deal with child custody and child support matters, having an attorney is critical. They will advocate for your rights and help you negotiate what is best for you and your child.
While it is possible to go through a divorce without using the services of a qualified attorney, the benefits of hiring a divorce attorney are significant. They can make a massive difference in the outcome of your divorce.]]>On Behalf of Scott & Aplin LLC<![CDATA[Co-parenting champs: Mastering communication after divorce]]>https://www.scottaplinllc.com/?p=493792024-04-29T22:29:01Z2024-04-29T22:29:01ZDivorce can be tough, but when there are kids involved, the challenge doubles. Co-parenting, raising your children together even though you're no longer a couple, is key. But how do you talk to your ex about things like schedules, school plays and that new haircut they hate?
Here are some winning communication tips to turn you and your ex into co-parenting champs.
Rule #1: Kids first, always
This might seem obvious, but it's the most important rule. Remember, your disagreements are between you and your ex. Don't put your kids in the middle or use them as messengers. Avoid bad-mouthing your ex in front of the kids. They love both parents, and negativity hurts them.
Communication game plan: How to talk it out
Next, establish clear communication channels. Decide how you'll talk about co-parenting issues. Texting can be quick, but consider email or a co-parenting app. These platforms keep a record and reduce misunderstandings.
Scheduling superstars: Sticking to the plan
Life can be messy, but sticking to a parenting schedule as much as possible is crucial. Be flexible when things come up, but explain changes clearly and well in advance. Respect each other's time and avoid last-minute swaps that mess up plans.
Teamwork makes the dream work: Sharing information
Communication isn't just about schedules. Keep each other informed about important things like doctor's appointments, school plays or any changes in your child's life. This shows you're a team working together for your kids' well-being.
Bonus tip: Empathy is your secret weapon
Divorce can cause strong feelings. Try to see things from your ex's perspective, even if you disagree. Finding common ground is easier when you understand where they're coming from. Remember, you're not getting back together, but you are working together to raise happy, healthy kids.Co-parenting isn't always easy, but with good communication and a focus on your children's needs, you can create a positive and supportive environment for them to thrive. If you find communication continues to be a struggle, consider consulting a co-parenting counselor or mediator. They can help you develop healthy communication skills and create a workable plan for raising your children together.]]>On Behalf of Scott & Aplin LLC<![CDATA[Divorcing with children – 3 factors to consider]]>https://www.scottaplinllc.com/?p=493112024-02-09T00:05:46Z2024-02-09T00:05:46Zdivorce in a relationship where children are present, it can help to focus your concerns on big-picture issues. These three factors are among the most significant to take into account.
Should you stay together for the children's sake?
When a relationship breaks down or goes through a rough patch, there may reach a point where a couple feels they no longer wish to continue it. But worries about the impact that divorce will have on the children may make the option of staying together until the children are older seem wiser.
In general, children are often more resilient then we give them credit for. While a divorce can lead to some temporary trauma, assuming you handle the process well you should see your children grow into well-adjusted adults afterwards.
How do you tell your children?
If you've decided to divorce, you may be dreading the experience of telling your children that the family situation will be changing drastically. Fears of handling it incorrectly and doing damage to your children may cause you to avoid or overthink the process.
Probably the number one precept to keep in mind when informing your children of your divorce is to avoid overburdening them with details and/or expressing anger or blame. Let them know the facts, and stress to them that they're not losing their parents.
How do you move forward post-divorce?
Your life after a divorce is inevitably going to be different, and that includes your children's lives as well. But it's possible to manage that post-divorce life in a way that minimizes the disruption and harm to your children.
After a divorce, your children may exhibit certain behaviors that express hurt, anger, confusion or other negative emotional states. During that time, it's crucial that you provide your children with as much stability as possible while reassuring them that things will get better over time.]]>On Behalf of Scott & Aplin LLC<![CDATA[The different types of real estate deeds]]>https://www.scottaplinllc.com/?p=493092023-11-10T04:43:00Z2023-11-10T04:43:00ZThe mortgage deed
If you finance the purchase of your home with a mortgage, the lender will place a lien on that property. In the event that you fail to make a mortgage payment in a timely manner, the lender can repossess the property. A trust deed is similar to a mortgage deed in that a lien is placed on the home until a loan balance is paid off. However, in this scenario, the deed is held by a trustee until this happens. Once the mortgage is paid in full, the beneficiary receives total ownership of the house.
Grant and warranty deeds
A grant or warranty deed is used by the home's current owner to indicate that it's owned free and clear. The owner promises that he or she can transfer or sell the property without issue. A warranty deed offers the highest possible level of protection as the seller takes personal responsibility for any claims that might be made after the real estate transaction is complete.
Quitclaim deeds
A quitclaim deed merely states that an existing owner is walking away from any claim to the property. However, it doesn't mean that there aren't any liens or other issues that could make it difficult or impossible to legally own the property after a sale or transfer is complete.
If you are looking to buy or take ownership of a property, it's important to make sure that the title is clean and valid. A title search is typically part of the real estate purchase process, and the local records office will be able to answer any questions you might have about who owns the property you want to acquire.]]>On Behalf of Scott & Aplin LLC<![CDATA[A commonly used co-parenting schedule might not be optimal]]>https://www.scottaplinllc.com/?p=493072023-08-09T02:53:47Z2023-08-09T02:53:47ZThink about the options before using alternating weeks
Many parents believe alternating weeks is the preferred strategy. However, there are common obstacles to it, and alternatives could be better for the parents and the child. In general, the child spending half their time with each parent is considered best for them. Arranging it can cause problems.
A child could experience separation anxiety and other emotional repercussions going a full week without seeing a parent. Coordinating is an issue as parents have their own schedules that they must adjust depending on whether they have their child that week. Some parents have an adversarial relationship, which can complicate matters.
The child’s age is key when deciding on a schedule. Younger children could benefit from a 2-2-3 setup, where they are with one parent for two days, the other parent for three days, and then three days back with the first parent. A 3-4-4-3 plan could also work.
When 50-50 time-sharing is the goal, it could be better for the child and the parents to show flexibility. A 60-40 schedule would not be as complex to plan with work schedules and the distance between the parents' homes. It could involve the child spending the school week with one parent and having an extended weekend with the other.
Parents must remember to focus on their child regardless of the custody arrangement. This is true for anyone thinking about their parenting schedule or who is having trouble with one already in place. It is particularly relevant for professionals whose workweeks and off days fluctuate.
A viable custody and parenting time plan is essential
Difficulties can arise with custody after parents have ended their relationship. The children are especially vulnerable. Understanding how to make scheduling easier and benefit the child is crucial. Being aware of which tactics work and which do not, while being up to date on the options, is beneficial from the outset.]]>