Title 32, PROPERTY

Sec. 1. In a sale of real estate by: (1) a receiver; or (2) an assignee or trustee under IC 32-18-1; a person may, before the confirmation of the sale by the proper court, file with the clerk of the court, or in open court, a bond in the sum sufficient to secure the sale. The sur…

Sec. 2. If on resale of the real estate, or any part of the real estate, the real estate sells for ten percent (10%) more than the amount bid at the previous sale, the court may not confirm the sale but order the real estate resold. If on resale the additional sum is not realized…

Sec. 1. If coordinates are used to describe any tract of land, that, in the same document, is also described by reference to any subdivision, line, or corner of the United States public land surveys: (1) the description by coordinates shall be construed as supplemental to the bas…

Sec. 0.1. The amendments made to section 2 of this chapter by P.L.18-2008 apply only to determinations of marketable record title after June 30, 2008. As added by P.L.220-2011, SEC.521.

Sec. 1. A person who has an unbroken chain of title of record to an interest in land for at least fifty (50) years has a marketable record title to that interest, subject to section 2 of this chapter. A person is considered to have this unbroken chain of title when: (1) the offic…

Sec. 2. Marketable record title is subject to the following: (1) All interests and defects that are inherent in the muniments of which the chain of record title is formed. However, a general reference in the muniments, or any one (1) of them, to: (A) easements; (B) use restrictio…

Sec. 3. Subject to section 2 of this chapter, marketable record title is held by its owner and is taken by a person dealing with the land free and clear of all interests, claims, or charges whose existence depends upon any act, transaction, event, or omission that occurred before…

Sec. 1. As used in this chapter, "conveyance" means: (1) an instrument of writing concerning land or an interest in land, except a last will and testament; (2) a lease for a term not exceeding three (3) years; or (3) an executory contract for the sale and purchase of land; for pu…

Sec. 2. 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. 2.5. As used in this chapter, "proof" has the meaning set forth in IC 32-21-2-1.7. As added by P.L.185-2021, SEC.50.

Sec. 3. A conveyance of any real estate in fee simple or for life, a conveyance of any future estate, or a lease for more than three (3) years after the making of the lease is not valid and effectual against any person other than: (1) the grantor; (2) the grantor's heirs and devi…

Sec. 4. (a) The following may be recorded in the county where the land to which the letter or contract relates is situated: (1) Letters of attorney containing a power to a person to: (A) sell or convey land; or (B) sell and convey land as the agent of the owner of the land. (2) A…

Sec. 1. If: (1) land that belongs to a landowner in Indiana is shut off from a public highway because of the: (A) straightening of a stream under Indiana law; (B) construction of a ditch under Indiana law; or (C) erection of a dam that is constructed by the state or by the United…

Sec. 1. If the governor considers it necessary: (1) to acquire property on which to construct public buildings for the state; or (2) to acquire property adjoining state property on which buildings have been erected; the governor may order the attorney general to file an action in…

Sec. 2. Upon filing the petition, the attorney general shall provide the owners of the property the notice required by law in the commencement of a civil action. It is sufficient to make defendants to the petition all persons who are in possession of the property and those who ap…

Sec. 3. (a) Before entering upon their duties, the appraisers shall take and subscribe an oath that they will honestly appraise the property at its fair cash value. (b) The appraisers shall make a report of their appraisement within a time fixed by the court. (c) If the appraiser…

Sec. 4. (a) After the appraisers file their report, any of the defendants may, within a reasonable time fixed by the court, file exceptions to the report, alleging that the appraisement of the property, as made by the appraisers, is not the true cash value of the property. If exc…

Sec. 5. When the value of the property has been finally determined by the court, the governor may provide for the amount so found and may direct the state comptroller to draw a warrant on the treasurer of state to be paid out of any fund available in favor of the clerk of the cir…

Sec. 6. Upon payment to the clerk of the circuit court and the filing of a receipt for the payment of the money in open court as a part of the proceedings of the cause, the court shall direct the clerk of the circuit court to: (1) execute a deed conveying the title of the propert…

Sec. 1. A condominium unit and the unit's undivided interest in the common areas and facilities constitute real property. [Pre-2002 Recodification Citation: 32-1-6-4.] As added by P.L.2-2002, SEC.10.

Sec. 1. Adjoining property owners who elect to erect, repair, maintain, or pay for fences separating their lands in a manner other than that set forth under this article shall do so by written agreement. When the agreement is signed by the adjoining property owners, the agreement…

Sec. 2. This chapter may not be held or construed as annulling or abrogating any subsisting legal right created under or any cause of action that arose and was fully accrued under any law or agreement if the legal right became effective before January 1, 1950. [Pre-2002 Recodific…

Sec. 1. The following definitions apply throughout this chapter: (1) "Action" means any civil lawsuit or action in contract or tort for damages or indemnity brought against a construction professional to assert a claim, whether by complaint, counterclaim, or cross claim, for dama…

Sec. 10. If a construction professional unreasonably: (1) disputes a home owner's claim; (2) fails to remedy or compromise and settle the claim; (3) fails to repair the construction defect within a reasonable time, subject to the nature of the repair or some unforeseen event not …

Sec. 11. (a) In every action brought against a construction professional, the claimant must file with the court and serve on the defendant a list of known construction defects in accordance with this section. (b) The list of known construction defects must contain a description o…

Sec. 12. (a) Upon entering into a contract for sale, construction, or substantial remodeling of a residence, a construction professional must provide notice to each home owner of the construction professional's right to offer to cure construction defects before a home owner may c…

Sec. 13. Nothing in this chapter shall be construed to hinder or otherwise affect the employment, agency, or contractual relationship between and among home owners and construction professionals during the process of construction or remodeling and does not preclude the terminatio…

Sec. 14. If a written notice of claim is served under section 2 of this chapter within the time prescribed for the filing of an action against a construction professional based on an alleged construction defect, the applicable statute of limitations for construction related claim…

Sec. 2. (a) At least sixty (60) days before filing a construction defect action against a construction professional, the claimant must serve written notice of claim on the construction professional. The notice of claim must state that the claimant asserts a construction defect cl…

Sec. 3. (a) If the construction professional disputes the claim or does not respond to the claimant's notice of claim within the time set forth in section 2(b) of this chapter, the claimant may bring an action against the construction professional for the claim described in the n…

Sec. 4. (a) If the construction professional makes a proposal to inspect the residence under section 2(b)(1) of this chapter and the claimant elects to allow the construction professional to inspect in accordance with the construction professional's proposal, the claimant must pr…

Sec. 5. (a) To accept the offer of a construction professional to remedy the construction defect under section (4)(b)(1) of this chapter, the claimant must serve on the construction professional a written notice of acceptance within a reasonable time period after receipt of the o…

Sec. 6. Any action commenced by a claimant before compliance with the requirements of this chapter is subject to dismissal without prejudice, and may not be recommenced until the claimant complies with the requirements of this section. As added by P.L.134-2003, SEC.1.

Sec. 7. Nothing in this section may be construed to prevent a claimant from commencing an action on the construction defect claim described in the notice of claim if the construction professional fails to perform the construction agreed upon, fails to remedy the defect, or fails …

Sec. 8. (a) Before commencing any action alleging a construction defect, or after the dismissal of any action without prejudice under section 6 of this chapter, the claimant may amend the notice of claim to include construction defects discovered after the service of the original…

Sec. 9. (a) If a claimant: (1) unreasonably rejects a reasonable written offer of settlement made under this chapter; or (2) does not permit the construction professional a reasonable opportunity to inspect or to repair the defect under a reasonable offer of settlement; and there…

Sec. 0.2. (a) The amendments made to IC 32-8-3-1 (before its repeal, now codified at section 1 of this chapter), IC 32-8-3-3 (before its repeal, now codified at section 3 of this chapter), and IC 32-8-3-5 (before its repeal, now codified at section 5 of this chapter) by P.L.53-19…

Sec. 1. (a) A contractor, a subcontractor, a mechanic, a lessor leasing construction and other equipment and tools, whether or not an operator is also provided by the lessor, a journeyman, a laborer, or any other person performing labor or furnishing materials or machinery, inclu…

Sec. 10. (a) A lien is void if both of the following occur: (1) The owner of property subject to a mechanic's lien or any person or corporation having an interest in the property, including a mortgagee or a lienholder, provides written notice to the owner or holder of the lien to…

Sec. 11. (a) In an action to foreclose a lien: (1) the defendant or owner of the property subject to the lien; or (2) any person having an interest in the property subject to the lien, including a mortgagee or other lienholder; may file in the action a written undertaking with su…

Sec. 12. (a) This section applies to a person who: (1) performs work or labor such as: (A) grading; (B) building embankments; (C) making excavations for track; (D) building: (i) bridges; (ii) trestlework; (iii) works of masonry; (iv) fencing; or (v) other structures; or (E) perfo…

Sec. 13. A person who desires to acquire the lien provided for in section 12 of this chapter must give notice of the person's intention to hold the lien by causing the notice to be recorded in the recorder's office of the county in which the work was done or material furnished in…

Sec. 14. (a) Except as provided in subsection (b), in an action to enforce a lien under this chapter, a plaintiff or lienholder who recovers a judgment in any sum is entitled to recover reasonable attorney's fees. The court shall enter the attorney's fees as a part of the judgmen…

Sec. 15. A person who knowingly or intentionally: (1) performs labor, supplies services, or furnishes material or machinery in the: (A) construction; (B) repair; or (C) remodeling; of a building, structure, or other work; (2) accepts payment for the labor, services, material, or …

Sec. 16. (a) This section applies to a construction contract for the construction, alteration, or repair of a building or structure other than: (1) a Class 2 structure (as defined in IC 22-12-1-5) or an improvement on the same real estate auxiliary to a Class 2 structure (as defi…

Sec. 17. A provision in a contract for the improvement of real estate in Indiana is void if the provision: (1) makes the contract subject to the laws of another state; or (2) requires litigation, arbitration, or other dispute resolution process on the contract occur in another st…