Title 32, PROPERTY

Sec. 19. (a) This section applies to a person who, by mistake, erects a fence on the property of another person. (b) Within six (6) months after the determination of the legal property line, a person to whom this section applies may enter upon the other person's property and remo…

Sec. 2. (a) This subsection applies in a township for which the board of county commissioners has adopted an ordinance that allows domestic animals to run at large in unenclosed public areas. If a domestic animal breaks into an enclosure or enters upon the property of another per…

Sec. 20. If the fence to be removed under section 19 of this chapter forms any part of a fence enclosing a field of another party on which there is a crop, the person to whom section 19 of this chapter applies may not remove the fence in a manner that exposes the field until the …

Sec. 3. (a) The owner of a domestic animal described in section 2 of this chapter may: (1) tender to the person injured by the domestic animal: (A) any costs that have accrued; and (B) an amount, in lieu of damage, which equals or exceeds the amount of damages awarded by the cour…

Sec. 4. Except as provided in this chapter, if a domestic animal breaks into the enclosure of a person who is not the owner of the domestic animal, the person, without regard to the season of the year: (1) may confine the animal in the same manner as a stray animal may be confine…

Sec. 5. A person described in section 4 of this chapter shall, within twenty-four (24) hours after confining a stray animal, give notice to the owner of the animal, if the owner is known and can be immediately found. [Pre-2002 Recodification Citation: 32-10-2-5.] As added by P.L.…

Sec. 6. Before posting or advertising a stray animal, a person described in section 4 of this chapter shall procure from two (2) disinterested property owners an examination and assessment of the damages caused by the stray animal with a certificate of the damages. Damages under …

Sec. 7. A notice or advertisement described in section 6 of this chapter must specify the following: (1) The fact of trespass in the enclosure of the person confining the stray animal. (2) The damages assessed, including pay for the person making the assessment. [Pre-2002 Recodif…

Sec. 8. The owner of a stray animal confined under section 4 of this chapter may demand the stray animal from the person who confined the stray animal only if the following conditions are met: (1) The owner proceeds under IC 32-34-8-18 to prove that the stray animal is the owner'…

Sec. 9. (a) Within five (5) days after the owner of a stray animal confined under section 4 of this chapter receives a notice under section 7 of this chapter, the owner may file a civil action to: (1) controvert the amount of damages assessed; or (2) deny the trespass. (b) If the…

Sec. 1. The warranties defined by this chapter (or IC 34-4-20.5 or IC 32-15-7 before their repeal) become effective on the warranty date attributed to a new home or model home. [Pre-2002 Recodification Citation: 32-15-7-1.] As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023,…

Sec. 10. (a) If a builder provides and breaches a warranty set forth in section 8 or 8.5 of this chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 before their repeal), the home buyer may bring an action against the builder for: (1) damages arising from the breach; or (2) specific perfo…

Sec. 11. (a) The warranties set forth in this chapter (or IC 34-4-20.5 or IC 32-15-7 before their repeal) are in addition to any rights created by contract between the parties. (b) The remedies provided in section 10 of this chapter (or IC 34-4-20.5-10 or IC 32-15-7-10 before the…

Sec. 2. As used in this chapter, "initial home buyer" means a person who: (1) executes a contract with a builder to buy a new home; and (2) either: (A) occupies the new home as: (i) the home's first occupant; and (ii) a residence; or (B) rents the new home to an individual who oc…

Sec. 3. As used in this chapter, "major structural defect" means actual damage to the load bearing part of a new home or model home, including actual damage due to: (1) subsidence; (2) expansion; or (3) lateral movement; of the soil affecting the load bearing function, unless the…

Sec. 3.5. (a) As used in this chapter, "model home" means a new dwelling that is used for the first time after construction as: (1) a model; (2) a sales office; (3) a design center; or (4) any combination of subdivisions (1) through (3). (b) After June 30, 2023, the term does not…

Sec. 4. (a) As used in this chapter, "new home" means a new dwelling occupied for the first time as a residence after construction. (b) The term does not include: (1) a detached garage; (2) a driveway; (3) a walkway; (4) a patio; (5) a boundary wall; (6) a retaining wall not nece…

Sec. 5. (a) As used in this chapter, "home buyer" means a purchaser of a new home or a model home. (b) The term includes any owner of the new home or model home before the expiration of the warranties defined by this chapter. [Pre-2002 Recodification Citation: 32-15-7-5.] As adde…

Sec. 6. As used in this chapter, "builder" means a person who constructs new homes for sale, including the construction of new homes on land owned by home buyers. [Pre-2002 Recodification Citation: 32-15-7-6.] As added by P.L.2-2002, SEC.12.

Sec. 7. As used in this chapter, "warranty date" means the following: (1) In the case of a new home, the date of the first occupancy of the new home as a residence by one (1) of the following: (A) The builder. (B) An individual renting the home from the builder. (C) An individual…

Sec. 8. (a) In selling a completed new home, and in contracting to sell a new home to be completed, the builder may warrant to the initial home buyer the following: (1) During the two (2) year period beginning on the warranty date, the new home will be free from defects caused by…

Sec. 8.5. (a) In selling a model home, the builder may warrant to the home buyer that during the ten (10) year period beginning on the warranty date the model home will be free from major structural defects. (b) The warranty provided in this section survives the passing of legal …

Sec. 9. (a) A builder may disclaim all implied warranties on a new home or model home only if the following conditions are met: (1) The warranties defined in this chapter are expressly provided for in the written contract between a builder and: (A) an initial home buyer of a new …

Sec. 1. (a) Except as provided in subsections (b) and (c), if the record of a judgment of an Indiana court that would otherwise be a lien upon real estate is destroyed, six (6) months after the date when the record is destroyed the judgment ceases to be a lien upon any real estat…

Sec. 1. A person who transfers or assigns a mortgage within Indiana shall do so in writing by: (1) noting the assignment or transfer on the record recording the mortgage; or (2) separate written instrument. A person who transfers or assigns a mortgage as described in this section…

Sec. 2. In order to be recorded, a written instrument that transfers or assigns a mortgage under this chapter must state the location and business address of the person to whom the mortgage is transferred or assigned. [Pre-2002 Recodification Citation: 32-8-12-2.] As added by P.L…

Sec. 1. A person having a valid subsisting interest in real property and a right to the possession of the real property may recover the real property and take possession by an action brought against the tenant in possession or, if there is not a tenant, against the person claimin…

Sec. 10. A petition for a new trial under this chapter may be made by the party against whom judgment is rendered, or the party's heirs, assigns, or personal representatives, under the same restrictions and on the same grounds as allowed in other civil actions. [Pre-2002 Recodifi…

Sec. 11. The petition for a new trial must be filed at the time provided for the filing of petitions for a new trial in other civil actions. [Pre-2002 Recodification Citation: 32-15-2-11.] As added by P.L.2-2002, SEC.15.

Sec. 12. Third persons acquiring an interest in the subject matter of the action during the pendency of the proceedings initiated under this chapter shall take their interests subject to the final result of the proceedings. [Pre-2002 Recodification Citation: 32-15-2-12.] As added…

Sec. 13. A party who, after a new trial, proves that the party is entitled to the premises that have been transferred in good faith to a purchaser may recover the proper amount of damages against the other party, either in the same action or in a subsequent action. [Pre-2002 Reco…

Sec. 14. In an action against a tenant under this chapter, the judgment is conclusive evidence against the landlord who has received notice under section 2 of this chapter. [Pre-2002 Recodification Citation: 32-15-2-14.] As added by P.L.2-2002, SEC.15.

Sec. 15. To recover through an action brought under this chapter, the plaintiff must recover on the strength of the plaintiff's own title. [Pre-2002 Recodification Citation: 32-15-2-15.] As added by P.L.2-2002, SEC.15.

Sec. 16. After: (1) the plaintiff has filed a motion with the court; (2) notice has been delivered to the defendant; and (3) a hearing at which the plaintiff has shown cause; the court may grant an order allowing the plaintiff to enter upon the property in controversy and make a …

Sec. 17. An order issued by a court under section 16 of this chapter must describe the property. A copy of the court order must be served upon the owner or person having occupancy and control of the property. [Pre-2002 Recodification Citation: 32-15-2-17.] As added by P.L.2-2002,…

Sec. 18. If a plaintiff in an action under this chapter is entitled to damages for withholding, using, or injuring the plaintiff's property, the defendant may set off the value of any permanent improvements made to the property to the extent of the damages, unless the defendant p…

Sec. 19. If a defendant has demonstrated wanton aggression concerning the property that is subject to an action under this chapter, the jury may award the plaintiff exemplary damages. [Pre-2002 Recodification Citation: 32-15-2-19.] As added by P.L.2-2002, SEC.15.

Sec. 2. If it appears in an action brought under section 1 of this chapter that the defendant is only a tenant, the landlord may be substituted as the defendant if the landlord has received reasonable notice. [Pre-2002 Recodification Citation: 32-15-2-2.] As added by P.L.2-2002, …

Sec. 20. An action to determine and quiet a question of title to property may be brought by a plaintiff who: (1) is in possession of the property; (2) is out of possession of the property; or (3) has a remainder or reversion interest in the property; against a defendant who claim…

Sec. 21. This chapter applies, as far as applicable, to: (1) cases and partition cases where the title to real estate is a genuine question; and (2) the pleadings and evidence between parties concerning questions of title to real estate. [Pre-2002 Recodification Citation: 32-15-2…

Sec. 22. If the defendant's answer to a complaint under this chapter disclaims any interest or estate in the property, or if the defendant does not answer the complaint and the court issues a default judgment against the defendant, the defendant may not be required to pay the pla…

Sec. 23. In an action by a plaintiff who is a tenant in common or joint tenant of real property against the plaintiff's cotenant, the plaintiff must show, in addition to the plaintiff's evidence of right, that defendant: (1) denied plaintiff's right; or (2) did some act amounting…

Sec. 3. Legal service on a defendant who is a nonresident: (1) is considered served on the defendant if the service is made to the defendant's agent for the property and the defendant's agent resides in Indiana; or (2) may be had by publication, as in other cases. [Pre-2002 Recod…

Sec. 4. In an action initiated under section 1 of this chapter, the plaintiff's complaint must contain the following information: (1) A claim that the plaintiff is entitled to the possession of the premises, including a description of the premises. (2) The interest the plaintiff …

Sec. 5. The answer of the defendant to a complaint under section 4 of this chapter may contain a denial of each material statement or allegation in the plaintiff's complaint. With each denial, the defendant may give in evidence every legal or equitable defense to the action that …

Sec. 6. The defendant is not required to prove the defendant is in possession of the premises to make a defense under this chapter. [Pre-2002 Recodification Citation: 32-15-2-6.] As added by P.L.2-2002, SEC.15.