Title 32, PROPERTY

Sec. 4. Unless otherwise provided by the trust instrument, interest of beneficiaries in all trusts incurring liabilities under this chapter shall abate as necessary to satisfy the liability as if all of the trust instruments were a single trust. As added by P.L.165-2002, SEC.11. …

Sec. 5. (a) A provision made in an instrument may direct the apportionment of the liability among the nonprobate transferees taking under that or any other governing instrument. (b) If a provision in an instrument conflicts with a provision in another instrument, the later provis…

Sec. 6. (a) Upon due notice to a nonprobate transferee, the liability imposed by this chapter is enforceable in proceedings in Indiana in the county where: (1) the transfer occurred; (2) the transferee is located; or (3) the probate action is pending. (b) A proceeding under this …

Sec. 7. (a) This subsection applies to a proceeding commenced under this chapter and a deceased transferor who died before July 1, 2018, if the personal representative or claimant commences the proceeding before January 1, 2020. A proceeding under this chapter may not be commence…

Sec. 8. (a) This subsection applies to a proceeding commenced under this chapter with respect to a deceased transferor who died before July 1, 2018, if the personal representative or claimant commences the proceeding before January 1, 2020. A proceeding under this chapter must be…

Sec. 9. Unless written notice asserting that a deceased transferor's probate estate is insufficient to pay allowed claims and statutory allowances has been received from the deceased transferor's personal representative, the following rules apply: (1) Payment or delivery of asset…

Sec. 1. The definitions in IC 3-5-2.1 apply to this chapter. As added by P.L.5-2010, SEC.1. Amended by P.L.186-2025, SEC.167.

Sec. 2. As used in this chapter, "rules" refers to any of the following: (1) A restrictive covenant. (2) A homeowners association rule. As added by P.L.5-2010, SEC.1.

Sec. 3. As used in this chapter, "sign" refers only to a sign advocating: (1) the election or defeat of one (1) or more candidates for: (A) nomination; or (B) election; to a public office; (2) support for or opposition to: (A) a political party; or (B) a political party's candida…

Sec. 4. Except as provided in section 5 of this chapter, a homeowners association may not adopt or enforce a rule that prohibits a member of the homeowners association from displaying a sign on the member's property during the period: (1) beginning thirty (30) days before; and (2…

Sec. 5. A homeowners association may adopt and enforce rules relating to a sign described in section 3 of this chapter if the rules do any of the following: (1) Restrict the size of a sign if the rule permits a homeowner to display a sign that is at least as large as signs common…

Sec. 6. A homeowners association may remove a sign that violates the rules permitted by this chapter. As added by P.L.5-2010, SEC.1.

Sec. 7. (a) This section does not apply to homeowners association property if: (1) access to the property from the outside is controlled by gates or other means; and (2) the common areas, including roads and sidewalks, are privately owned and maintained. (b) As used in this secti…

Sec. 1. As used in this chapter, "adjacent mineral producer" means a person that: (1) is engaged in the production, development, or future development of at least one (1) mineral, including coal, oil, gas, or another mineral in solid, liquid, or gaseous form; and (2) owns or leas…

Sec. 10. (a) Any payment that is owed by the adjacent mineral producer petitioner under a mineral lease executed with the trustee shall be paid by the petitioner to the clerk of the court. (b) A person that wishes to claim the funds described in subsection (a) must file a verifie…

Sec. 11. (a) After the entry of the initial judgment authorizing a lease under this chapter, all subsequent proceedings that concern the land and the mineral interest involved in the initial litigation, including: (1) subsequent leasing proceedings; (2) proceedings by the trustee…

Sec. 12. (a) The lease of a mineral interest and execution of any lease under this chapter is binding concerning the interest in the mineral and the right to produce and develop the mineral owned by any respondent to the action in the same manner as if the respondent personally h…

Sec. 13. This chapter shall be construed so that any lease issued under this chapter conveys marketable title. As added by P.L.28-2015, SEC.1.

Sec. 14. The remedies provided in this chapter are not exclusive and do not prohibit the initiation of a petition for the integration of oil and gas interest as provided in IC 14-37-9, including the integration of interests of missing or unknown owners. As added by P.L.28-2015, S…

Sec. 2. As used in this chapter, "mineral interest of an unknown or missing owner" means: (1) the mineral estate in land; or (2) any portion of the mineral estate in land; that is owned by an unknown or missing owner. As added by P.L.28-2015, SEC.1.

Sec. 3. (a) As used in this chapter, "unknown or missing owner" means a person: (1) vested of record or by operation of IC 32-23-10 with a property interest in: (A) a mineral estate in land; or (B) a portion of a mineral estate in land; and (2) whose identity or location cannot b…

Sec. 4. An adjacent mineral producer that: (1) brings an action under; and (2) meets the requirements of; this chapter may produce and develop all or part of a mineral interest of an unknown or missing owner under a lease entered into under this chapter. As added by P.L.28-2015, …

Sec. 5. An action brought under this chapter by an adjacent mineral producer must be brought in the circuit court or superior court of the county: (1) in which the land that contains the mineral interest of an unknown or missing owner sought to be affected is entirely located; or…

Sec. 6. (a) An adjacent mineral producer that brings an action under this chapter must do the following: (1) Name the following as respondents: (A) The last owners of record in the chain of title and all reasonably ascertainable heirs, devisees, successors, and assigns of the las…

Sec. 7. (a) The court shall receive evidence and hear testimony concerning: (1) the matters in the adjacent mineral producer's petition; and (2) the prevailing terms of similar mineral leases of the type sought by the petitioner obtained in the vicinity of the land in the petitio…

Sec. 8. (a) In proceedings under this chapter, the court may do the following: (1) Investigate and determine questions of conflicting or controverted titles. (2) Remove invalid and inapplicable encumbrances from the title to the subject land. (3) Establish and confirm the title t…

Sec. 9. (a) The trustee shall do the following: (1) Enter into negotiations with the adjacent mineral producer petitioner. (2) Execute a mineral lease in favor of the petitioner covering the interest of the respondents that reflects the findings and judgment of the court. (3) Pro…

Sec. 1. As used in this chapter, "common law lien" means a lien against real or personal property that is not: (1) a statutory lien; (2) a security interest created by agreement; or (3) except as provided in this chapter, a judicial lien obtained by legal or equitable process or …

Sec. 1.5. As used in this chapter, "public employee" means an individual who is an employee in the executive, judicial, or legislative branch of: (1) the state or a political subdivision (as defined in IC 5-11-10.5-1); or (2) the federal government; in Indiana. As added by P.L.19…

Sec. 2. As used in this chapter, "property owner" means the owner of record of real or personal property. [Pre-2002 Recodification Citation: 32-8-39-2.] As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.4.

Sec. 3. As used in this chapter, "public official" means an individual who holds office or formerly held office at any time during the preceding four (4) years in the executive, judicial, or legislative branch of: (1) the state or a political subdivision (as defined in IC 5-11-10…

Sec. 4. (a) This chapter provides the procedure for filing and releasing a common law lien. (b) This chapter does not create a common law lien. A common law lien does not exist against the property of a public official for the performance or nonperformance of the public official'…

Sec. 5. (a) A person who wishes to record a common law lien must file with the county recorder of a county in which the real or personal property against which the common law lien is to be held is located a statement of the person's intention to hold a common law lien against the…

Sec. 6. (a) A property owner who is not a public official or public employee may send to the lienholder a notice requiring the lienholder to commence suit on the common law lien. The notice to commence suit must be made by first class mail to the lienholder at the address given i…

Sec. 6.5. (a) If a property owner who is a public official or public employee receives a statement of intention to hold a common law lien under section 5 of this chapter, the property owner may provide written notice to the county recorder swearing and affirming that the property…

Sec. 7. (a) If a lienholder fails to commence suit after notice to commence suit is sent under section 6 of this chapter, a property owner may file an affidavit of service of notice to commence suit with the recorder of the county in which the statement of intention to hold a com…

Sec. 8. (a) When a common law lien recorded under this chapter has been satisfied, the lienholder shall record a certificate of satisfaction with the recorder of the county in which the statement of intention to hold a common law lien was recorded. The certificate must specify th…

Sec. 9. A person who is injured by a common law lien that is recorded under section 5 of this chapter may bring a civil action against the lienholder for: (1) actual damages; (2) costs; and (3) reasonable attorney's fees. [Pre-2002 Recodification Citation: 32-8-39-6.] As added by…

Sec. 1. If, upon the sale of real or personal property of a debtor, the title of the purchaser is invalid as to all or any part of the property by reason of any defect in the proceedings or want of title, the purchaser may be subrogated to the rights of the creditor against the d…

Sec. 2. If the judgment is entered satisfied, in whole or in part, by reason of a sale referred to in section 1 of this chapter, the purchaser, upon notice to the parties to the proceeding and upon motion, may have the satisfaction of the judgment vacated in whole or in part. [Pr…

Sec. 3. A purchaser of property referred to in section 1 of this chapter, if the proceedings are defective or the description of the property sold is imperfect, also has a lien to the same extent on the property sold as against all persons except bona fide purchasers without noti…

Sec. 4. This chapter may not be construed to require the creditor to refund the purchase money by reason of the invalidity of any sale. [Pre-2002 Recodification Citation: 32-15-9-1 part.] As added by P.L.2-2002, SEC.15.

Sec. 1. A person, firm, limited liability company, or corporation engaged in performing work upon any watch, clock, or jewelry for a price has a lien upon the watch, clock, or jewelry upon which the person, firm, limited liability company, or corporation performs the work for the…

Sec. 2. (a) A lien provided for in section 1 of this chapter includes the value or agreed price, if any, of all materials furnished by the bailees for hire in connection with the work, whether added to the article or otherwise. (b) If the account remains unpaid for one hundred tw…

Sec. 3. This chapter does not preclude the remedy of enforcing the lien by any other action provided by law. [Pre-2002 Recodification Citation: 32-8-34-1 part.] As added by P.L.2-2002, SEC.18.