Title 32, PROPERTY

Sec. 5. A conveyance made by a tenant for life or years that purports to grant or convey a greater estate than the tenant possesses or can lawfully convey: (1) does not result in a forfeiture of the tenants's estate; and (2) passes to the grantee or alienee all the estate that th…

Sec. 0.2. To the extent applicable, the following statutes (before their repeal by P.L.144-1994) apply to a transfer made or an obligation incurred before July 1, 1994: (1) IC 30-1-9-7. (2) IC 32-2-1-7. (3) IC 32-2-1-8. (4) IC 32-2-1-9. (5) IC 32-2-1-10. (6) IC 32-2-1-14. (7) IC …

Sec. 1. (a) This chapter applies to all transfers made and obligations incurred after June 30, 1994. (b) This chapter does not apply to a transfer made or an obligation incurred before July 1, 1994. [Pre-2002 Recodification Citation: 32-2-7-1.] As added by P.L.2-2002, SEC.3.…

Sec. 12. (a) For purposes of this section, assets do not include property that has been: (1) transferred, concealed, or removed with intent to hinder, delay, or defraud creditors; or (2) transferred in a manner making the transfer voidable under this chapter. (b) For purposes of …

Sec. 13. (a) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied. Value does not include an unperformed promise made otherwise than in the ordinary course of the promi…

Sec. 14. (a) A transfer made or an obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (1) with actual in…

Sec. 15. (a) A transfer made or an obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if: (1) the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent …

Sec. 16. The following apply for purposes of this chapter: (1) A transfer is made: (A) with respect to an asset that is real property other than a fixture (but including the interest of a seller or purchaser under a contract for the sale of the asset), when the transfer is so far…

Sec. 17. (a) In an action for relief against a transfer or an obligation under this chapter, a creditor, subject to the limitations in section 18 of this chapter, may obtain any of the following: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the c…

Sec. 18. (a) A transfer or an obligation is not voidable under section 14(a)(1) of this chapter against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent transferee or obligee. (b) To the extent that a transfer is av…

Sec. 19. A claim for relief with respect to a transfer or obligation under this chapter is extinguished unless brought as follows: (1) If brought under section 14(a)(1) of this chapter, an action is extinguished unless brought not later than the later of the following: (A) Four (…

Sec. 19.3. (a) In this section, the following rules determine a debtor's location: (1) A debtor who is an individual is located at the individual's principal residence. (2) A debtor that is an organization and has only one (1) place of business is located at its place of business…

Sec. 19.5. (a) The following definitions apply throughout this section: (1) "Protected series" means an arrangement, however denominated, created by a series organization that, under the law under which the series organization is organized, has the characteristics set forth in su…

Sec. 2. The following definitions apply throughout this chapter: (1) "Asset" means property of a debtor, but the term does not include: (A) property to the extent that it is encumbered by a valid lien; (B) property to the extent that it is generally exempt under nonbankruptcy law…

Sec. 20. Unless superseded by this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, equitable subordination, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or…

Sec. 21. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. [Pre-2002 Recodification Citation: 32-2-7-21.] As added by P.L.2-2002, SEC.3.

Sec. 22. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of …

Sec. 23. This chapter: (1) adopts, in part, provisions of the Uniform Voidable Transactions Act as released by the National Conference of Commissioners on Uniform State Laws; and (2) may be cited as the Indiana Uniform Voidable Transactions Act. However, in interpreting solely th…

Sec. 1. (a) The plane coordinates of a point on the earth's surface, used to express the position or location of that point in the appropriate zone of the Indiana coordinate system described in IC 32-19-1, must consist of two (2) distances expressed in: (1) U.S. Survey feet (1 me…

Sec. 2. Coordinates based on the Indiana coordinate system of 1927, the Indiana coordinate system of 1983, or any other coordinate system published by an agency of the federal government or of the state, including the Indiana Geospatial Coordinate System, purporting to define the…

Sec. 1. The definitions in this chapter apply throughout this article. [2002 Recodification Citation: New.] As added by P.L.2-2002, SEC.5.

Sec. 2. "Marketable record title" means a title of record, as described in IC 32-20-3-1, that operates to extinguish interests and claims existing before the effective date of the root of title, as provided in IC 32-20-3-3. [Pre-2002 Recodification Citation: 32-1-5-8(a).] As adde…

Sec. 3. "Muniments" means the records of title transactions in the chain of title of a person that: (1) purport to create the interest in land claimed by the person; and (2) upon which the person relies as a basis for the marketability of the person's title; commencing with the r…

Sec. 4. "Person dealing with land" includes: (1) a purchaser of an estate or interest in an estate; (2) a mortgagee; (3) a levying or attaching creditor; (4) a land contract vendee; or (5) a person seeking to: (A) acquire an estate or interest in an estate; or (B) impose a lien o…

Sec. 5. "Records" includes all official public records that affect title to land. [Pre-2002 Recodification Citation: 32-1-5-8(c).] As added by P.L.2-2002, SEC.5.

Sec. 6. "Root of title" means that title transaction in the chain of title of a person: (1) that purports to create the interest claimed by the person; (2) upon which the person relies as a basis for the marketability of the person's title; and (3) that is the most recent to be r…

Sec. 7. "Title transaction" means any transaction affecting title to any interest in land, including the following: (1) Title by will or descent. (2) Title by tax deed. (3) Title by trustee's, referee's, guardian's, executor's, administrator's, commissioner's, or sheriff's deed. …

Sec. 1. As used in this chapter, "grantor" has the meaning set forth in IC 32-17-1-1. [2002 Recodification Citation: New.] As added by P.L.2-2002, SEC.6.

Sec. 1.2. As used in this chapter, "homeowners association" means a corporation or another entity that: (1) is organized and operated exclusively for the benefit of two (2) or more persons who each own a dwelling in fee simple; (2) acts, in accordance with bylaws governing the co…

Sec. 1.5. As used in this chapter, "instrument" means: (1) an electronic document as defined in IC 32-21-2.5-3; or (2) any paper document as defined in IC 32-21-2.5-8(a); that is submitted to a county recorder for recording under IC 29-1-7-23(d), IC 32-21-2, IC 32-21-2.5, IC 32-2…

Sec. 1.7. As used in this chapter, "proof", with respect to a notarial act, means a proof: (1) under common law; or (2) where the witness: (A) appears before a notarial officer; (B) was personally known by the notarial officer or identified by the notarial officer through satisfa…

Sec. 10. (a) A recorder of deeds and other instruments shall keep a book or electronic index that includes: (1) the names of grantor and grantee; (2) the date and time of the recording; (3) the location of the recording; and (4) a legal description, if required. (b) A deed or ins…

Sec. 11. If an instrument is recorded without an acknowledgment's or proof's certificate as required under this article and IC 33-42-9-12, the instrument or a transcript of the instrument may not be read or received in evidence. [Pre-2002 Recodification Citation: 32-1-2-28.] As a…

Sec. 12. The: (1) acknowledgment's or proof's certificate of an instrument as required under this article and IC 33-42-9-12; (2) instrument; or (3) transcript of the instrument; is not conclusive and may be rebutted and the force and effect of it contested by a party affected by …

Sec. 13. (a) Except as provided in subsection (c), if the auditor of the county or the township assessor (if any) under IC 6-1.1-5-9 and IC 6-1.1-5-9.1 determines it necessary, an instrument transferring fee simple title to less than the whole of a tract that will result in the d…

Sec. 14. A county recorder may not record a document of conveyance to which IC 32-21-8-7 applies unless the document of conveyance has been endorsed by the auditor of the proper county under IC 36-2-11-14. As added by P.L.187-2016, SEC.13.

Sec. 15. An instrument concerning real property that may be recorded with a county recorder under this title may be recorded electronically as an electronic document as provided under IC 32-21-2.5. As added by P.L.127-2017, SEC.7. Amended by P.L.185-2021, SEC.44.

Sec. 16. (a) A county recorder shall include a cross-reference concerning a previously recorded document if: (1) the person presenting the document for recording has made a request to the county recorder for a cross-reference between the document being recorded and a previously r…

Sec. 2. As used in this chapter, "tract" means an area of land that is: (1) under common fee simple ownership; (2) contained within a continuous border; and (3) a separately identified parcel for property tax purposes. [Pre-2002 Recodification Citation: 32-1-2-37(a).] As added by…

Sec. 3. (a) Any instrument to be recorded must have one (1) of the following notarial acts: (1) An acknowledgment (as defined in IC 33-42-0.5-2). (2) A proof. (b) A notarial act described in subsection (a)(1) must be performed: (1) by a notarial officer (as defined in IC 33-42-0.…

Sec. 3.5. (a) This section applies only to land developments that include: (1) at least two hundred fifty (250) single family homes; and (2) at least two (2) different sections of lots: (A) whose titles have all been conveyed from the land developer; (B) whose first plat and cove…

Sec. 6. An instrument that complies with this article, IC 33-42, and IC 36-2-11 is entitled to be recorded. [Pre-2002 Recodification Citation: 32-1-2-21.] As added by P.L.2-2002, SEC.6. Amended by P.L.185-2021, SEC.38.

Sec. 7. (a) The form set forth in this subsection and any other form substantially the same are good or sufficient forms for an acknowledgment of an instrument that is described in section 3 of this chapter and to be recorded: (1) An acknowledgment that complies with IC 33-42-0.5…

Sec. 9. An instrument's acknowledgment or proof as required under section 3 of this chapter is incomplete when the instrument does not include the certificate described in IC 33-42-9-12. [Pre-2002 Recodification Citation: 32-1-2-26.] As added by P.L.2-2002, SEC.6. Amended by P.L.…

Sec. 1. The title of any resident of Indiana who was in actual possession of any land on or before November 1, 1851, or the title of any person holding under the resident may not be defeated or prejudiced by: (1) the alienism of the resident; or (2) the alienism of any other pers…

Sec. 5. (a) Natural persons who are aliens, whether they reside in the United States or any foreign country, subject to section 7 of this chapter, may: (1) acquire real estate by purchase, devise, or descent; (2) hold and enjoy real estate; and (3) convey, devise, transmit, mortg…