Business & Insurance Litigation Newsletter for Indiana

Contamination Does Not Affect Real Estate Title

In Humphries v. Ables, 789 N.E.2d 1025 (Ind. Ct. App. 2003), the buyer of a commercial property which contained abandoned underground storage tanks sued the seller for breach of warranty of good title after having difficulty re-selling the property. The Court of Appeals held that the presence of contamination on property does not affect the marketability of title to the land. While the presence of contamination might affect the market value of the property, it does not affect the title. The buyer had no remedy based on a failure to transfer marketable title.

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The Bloomington, Indiana, law firm of Mallor Clendening Grodner & Bohrer LLP handles a wide range of legal issues and provides a lifetime of solutions to clients throughout Central and Southern Indiana including those from Monroe County and from cities and communities such as Bloomington, Evansville, Indianapolis, Bedford, Bloomfield, Franklin, Martinsville, French Lick, Paoli, Columbus, Spencer, Mooresville, and Seymour.