Title 32, PROPERTY

Sec. 1. (a) A person claiming an interest in land may preserve and keep effective that interest by filing for record during the fifty (50) year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a n…

Sec. 2. (a) To be effective and to be entitled to be recorded, the notice referred to in section 1 of this chapter must contain the following: (1) An accurate and full description of all land affected by the notice in specific terms. However, if the claim is founded upon a record…

Sec. 3. (a) Failure to file the notice required under this chapter does not bar: (1) a lessor or the lessor's successor as a reversioner of the lessor's right to possession on the expiration of any lease; or (2) a lessee or the lessee's successor of the lessee's rights in and to …

Sec. 4. (a) A claim for an interest in land filed under this chapter is void if both of the following occur: (1) The owner of the property subject to the claim or any person or corporation having an interest in the property, including a mortgagee or a lienholder, provides written…

Sec. 0.5. For purposes of section 1 of this chapter, the general assembly makes the following findings: (1) It is in the public interest for any conveyance, as defined in section 1(a) of this chapter, and any mortgage recorded in the office of an Indiana county recorder to not be…

Sec. 1. (a) As used in this section, "conveyance" means an electronic document as defined in IC 32-21-2.5-3 or a paper document as defined in IC 32-21-2.5-8(a) that is: (1) a deed or other instrument concerning land or an interest in land, except a last will and testament; (2) a …

Sec. 2. (a) This section applies to an instrument regardless of when the instrument was recorded, except that this section does not divest rights that vested before May 1, 1993. (b) An assignment, a mortgage, or a pledge of rents and profits arising from real estate that is inten…

Sec. 3. (a) This section applies when a deed: (1) purports to contain an absolute conveyance of any estate in land; and (2) is made or intended to be made defeasible by: (A) a deed of defeasance; (B) a bond; or (C) another instrument. (b) The original conveyance is not defeated o…

Sec. 1. As used in this chapter, "passive solar energy system" means a structure specifically designed to retain heat that is derived from solar energy. [Pre-2002 Recodification Citation: 32-5-2.5-1 part.] As added by P.L.2-2002, SEC.8.

Sec. 2. As used in this chapter, "solar easement" means an easement obtained for the purpose of exposure of a solar energy device or a passive solar energy system to the direct rays of the sun. [Pre-2002 Recodification Citation: 32-5-2.5-1 part.] As added by P.L.2-2002, SEC.8.

Sec. 3. As used in this chapter, "solar energy device" means an artifice, an instrument, or the equipment designed to receive the direct rays of the sun and convert the rays into heat, electricity, or another form of energy to provide heating, cooling, or electrical power. [Pre-2…

Sec. 4. A solar easement: (1) must be created in writing; and (2) is subject to the conveyancing and recording requirements of this title. [Pre-2002 Recodification Citation: 32-5-2.5-2.] As added by P.L.2-2002, SEC.8.

Sec. 5. An instrument that creates a solar easement must include the following: (1) The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property that is subject to the solar easement, and a description of the real property t…

Sec. 1. (a) A person, firm, partnership, limited liability company, or corporation authorized to do business in Indiana and authorized to: (1) furnish, supply, transmit, transport or distribute electrical energy, gas, oil, petroleum, water, heat, steam, hydraulic power, or commun…

Sec. 2. The condemnor may take, acquire, condemn, and appropriate a fee simple estate, title, and interest in an amount of land as the condemnor considers necessary for the condemnor's proper uses and purposes. However, for rights-of-way, the condemnor shall take, acquire, condem…

Sec. 3. The appropriation and condemnation of land and easements in land authorized under this chapter shall be made under IC 32-24-1, except as otherwise provided in this chapter. [Pre-2002 Recodification Citation: 32-11-3-3.] As added by P.L.2-2002, SEC.9.

Sec. 4. (a) This section applies to a public utility that appropriates by condemnation procedures an easement for right-of-way purposes on land zoned or used for agricultural purposes. (b) If a public utility makes a uniform easement acquisition offer under IC 32-24-1-5 or a sett…

Sec. 5. (a) Notwithstanding IC 8-1.5-2-3, this section applies to a municipally owned utility that seeks to take, acquire, condemn, or appropriate land or real estate, or any interest in the land or real estate, for the purpose of extending a water main or a wastewater main if th…

Sec. 1. (a) If property is submitted to the condominium, each condominium unit owner is seized of: (1) the fee simple title to; (2) the exclusive ownership of; and (3) the exclusive possession of; the owner's condominium unit and undivided interest in the common areas and facilit…

Sec. 2. A condominium unit may be held and owned by two (2) or more persons: (1) as joint tenants; (2) as tenants in common; (3) as tenants by the entirety; or (4) in any other real property tenancy relationship recognized under the law of the state. [Pre-2002 Recodification Cita…

Sec. 3. (a) Each condominium unit owner is entitled to an undivided interest in the common areas and facilities as designated in the declaration. Except as provided in subsection (b), the undivided interest must be expressed as a percentage interest based on: (1) the size of the …

Sec. 3.5. (a) This section applies only to a condominium located on the shore of a lake located in a township with a population of more than two thousand (2,000) and less than two thousand seven hundred eighty (2,780) located in a county having a population of more than forty-six…

Sec. 4. (a) Except as provided in subsection (d) or (e), the co-owners are bound to contribute pro rata, in the percentages computed under section 3 of this chapter, toward: (1) the expenses of administration and of maintenance and repair of the general common areas and facilitie…

Sec. 1. (a) This chapter: (1) does not apply to: (A) a highway intersection located within a city or town; or (B) a building of a substantial character that is located at the intersection of highways; and (2) except for the provisions of this chapter concerning hedge fences, appl…

Sec. 2. (a) The trustee of each township, the county highway superintendent, the Indiana department of transportation, or other officer in control of the maintenance of a highway shall between January 1 and April 1 of each year, examine all hedges, live fences, natural growths al…

Sec. 3. The prosecuting attorney shall prosecute a suit under section 2(e) of this chapter in the name of the state on relation of the supervisor or county highway superintendent. The prosecuting attorney shall receive a fee of ten dollars ($10), collected as a part of the costs …

Sec. 1. (a) A mortgage or vendor's lien upon real estate expires ten (10) years after the last installment of the debt secured by the mortgage or vendor's lien becomes due, as shown by the record of the mortgage or vendor's lien unless an action to foreclose is brought not later …

Sec. 2. (a) Except as provided in section 3 of this chapter, if the record of a mortgage or vendor's lien described in section 1 of this chapter does not show when the debt or the last installment of the debt secured by the mortgage or vendor's lien becomes due, the following app…

Sec. 3. (a) If the record of a mortgage or vendor's lien to which this chapter applies does not show the time when the debt or the last installment of the debt secured by the mortgage or vendor's lien becomes due: (1) the original mortgagee; (2) the owner of the mortgage; or (3) …

Sec. 1. If the mortgage records of a county in Indiana indicate that a mortgage has been executed to the state and: (1) there is no evidence of indebtedness secured by the mortgage in the possession of the treasurer of state or state comptroller; and (2) there is no evidence in t…

Sec. 1. (a) Wrongs that were previously remediable by an action of waste are remediable by a judgment for damages, forfeiture of the estate of the offending party, and eviction from the premises. (b) A judgment of forfeiture and eviction may be given to a person who is entitled t…

Sec. 2. Notwithstanding an intervening estate for life or years, a person who has a remainder or reversion in an estate may maintain an action for waste, trespass, or injury to the inheritance. [Pre-2002 Recodification Citation: 32-15-4-2.] As added by P.L.2-2002, SEC.15.

Sec. 1. As used in this chapter, "exempt property" means personal property that is any of the following: (1) Medically necessary for an individual. (2) Used by a tenant for the tenant's trade or business. (3) Any of the following, as necessary for the tenant or a member of the te…

Sec. 1.5. As used in this chapter, "storage facility" means any location approved by a court for storage of a tenant's personal property under section 2(e) of this chapter. As added by P.L.115-2007, SEC.1.

Sec. 2. (a) A landlord has no liability for loss or damage to a tenant's personal property if the tenant's personal property has been abandoned by the tenant. (b) For purposes of this section, a tenant's personal property is considered abandoned if a reasonable person would concl…

Sec. 3. (a) If a tenant has failed to remove the tenant's personal property under section 2 of this chapter, a landlord may deliver the personal property to a warehouseman or to a storage facility if notice of both of the following has been personally served on the tenant at the …

Sec. 4. (a) A warehouseman or storage facility that receives property under this chapter holds a lien on all of that property that is not exempt property to the extent of the expenses for any of the following incurred by the warehouseman or storage facility with respect to all of…

Sec. 5. If a tenant does not claim the tenant's property within forty-five (45) days after receiving notice under section 3 of this chapter, a warehouseman or storage facility may sell the property received under this chapter under IC 26-1-7-210(b). [Pre-2002 Recodification Citat…

Sec. 1. Subject to sections 3(c), 3(d), and 3.5 of this chapter, a person, a firm, a partnership, an association, a limited liability company, or a corporation maintaining a hospital in Indiana or a hospital owned, maintained, or operated by the state or a political subdivision o…

Sec. 2. The lien provided for in section 1 of this chapter is junior and inferior to all claims for attorney's fees, court costs, and all other expenses contracted for or incurred in the recovery of claims or damages for personal injuries as described in this chapter. [Pre-2002 R…

Sec. 3. (a) A person, a firm, a partnership, an association, a limited liability company, or a corporation maintaining a hospital in Indiana or a hospital owned, maintained, or operated by the state or a political subdivision has a lien for all reasonable and necessary charges fo…

Sec. 3.5. (a) This section applies to any person who holds a lien under this chapter. (b) As used in this section, "hospital lienholder" means: (1) a person, firm, partnership, association, limited liability company, or corporation maintaining a hospital in Indiana; or (2) a hosp…

Sec. 4. (a) To perfect the lien provided for in section 3 of this chapter, the hospital must file for record in the office of the recorder of the county in which the hospital is located, within ninety (90) days after the person is discharged or not later than the date of the fina…

Sec. 5. (a) The recorder of the county shall endorse on the statement filed under section 4(a) of this chapter the date and hour of filing. (b) The recorder shall charge a fee for filing the claim in accordance with the fee schedule established in IC 36-2-7-10. (c) The department…

Sec. 6. (a) A lien perfected under section 4 of this chapter is valid unless the lienholder executes a release of the lien under section 7 of this chapter. (b) The release or settlement of a claim with a patient by a person claimed to be liable for the damages incurred by the pat…

Sec. 7. (a) To release a lien perfected under section 4 of this chapter, the operator of the hospital that claims the lien must file with each recorder in whose office the notice of the hospital lien was filed an executed certificate: (1) stating that the claim filed by the hospi…