Title 32, PROPERTY

Sec. 5. (a) The circuit court, superior court, or probate court: (1) of the county in which a will, deed, or instrument: (A) is probated or recorded; and (B) under or from which a party claims or derives the party's interest in the real or personal property that is the subject of…

Sec. 6. If the proceeds under section 3 of this chapter are invested in personal property, the court may, in the court's decree, direct additional investment: (1) in securities; and (2) upon terms and conditions; that the court considers to be in the best interests of the parties…

Sec. 1. A person may not use the privilege of: (1) filing notices under this article; or (2) using the procedures under IC 32-28-13 concerning common law liens; to slander the title to land. [Pre-2002 Recodification Citation: 32-1-5-9 part.] As added by P.L.2-2002, SEC.5. Amended…

Sec. 2. In any action to quiet title to land, if the court finds that a person has filed a claim only to slander title to land, the court shall: (1) award the plaintiff all the costs of the action, including attorney's fees that the court allows to the plaintiff; and (2) decree t…

Sec. 1. (a) This chapter applies only to a sale of, an exchange of, an installment sales contract for, or a lease with option to buy residential real estate that contains not more than four (4) residential dwelling units. (b) This chapter does not apply to the following: (1) Tran…

Sec. 10. (a) An owner must complete and sign a disclosure form and submit the form to a prospective buyer before an offer for the sale of the residential real estate is accepted. (b) An appraiser retained to appraise the residential real estate for which the disclosure form has b…

Sec. 11. The owner is not liable for any error, inaccuracy, or omission of any information required to be delivered to the prospective buyer under this chapter if: (1) the error, inaccuracy, or omission was not within the actual knowledge of the owner or was based on information …

Sec. 12. (a) An owner does not violate this chapter if the owner subsequently discovers that the disclosure form is inaccurate as a result of any act, circumstance, information received, or agreement subsequent to the delivery of the disclosure form. However, at or before settlem…

Sec. 13. (a) Notwithstanding section 12 of this chapter, if a prospective buyer receives a disclosure form or an amended disclosure form after an offer has been accepted that discloses a defect, the prospective buyer may after receipt of the disclosure form and within two (2) bus…

Sec. 2. As used in this chapter, "buyer" means a transferee in a transaction described in section 1 of this chapter. [Pre-2002 Recodification Citation: 24-4.6-2-2.] As added by P.L.2-2002, SEC.6.

Sec. 3. As used in this chapter, "closing" means a transfer of an interest described in section 1 of this chapter by a deed, installment sales contract, or lease. [Pre-2002 Recodification Citation: 24-4.6-2-3.] As added by P.L.2-2002, SEC.6.

Sec. 4. As used in connection with disclosure forms required by this chapter, "defect" means a condition that would have a significant adverse effect on the value of the property, that would significantly impair the health or safety of future occupants of the property, or that if…

Sec. 5. As used in this chapter, "disclosure form" refers to a disclosure form prepared under section 8 of this chapter or a disclosure form that meets the requirements of section 8 of this chapter. [Pre-2002 Recodification Citation: 24-4.6-2-5.] As added by P.L.2-2002, SEC.6.…

Sec. 6. As used in this chapter, "owner" means the owner of residential real estate that is for sale, exchange, lease with an option to buy, or sale under an installment contract. [Pre-2002 Recodification Citation: 24-4.6-2-6.] As added by P.L.2-2002, SEC.6.

Sec. 7. (a) The Indiana real estate commission established by IC 25-34.1-2-1 shall adopt a specific disclosure form that contains the following: (1) Disclosure by the owner of the known condition of the following: (A) The foundation. (B) The mechanical systems. (C) The roof. (D) …

Sec. 8. An owner may prepare or use a disclosure form that contains the information required in the disclosure form under section 7 of this chapter and any other information the owner determines is appropriate, including whether the subject property is located in a regional sewag…

Sec. 8.5. (a) This section applies to all transfers of title to property after June 30, 2015. (b) The definitions in IC 32-25.5-2 apply in this section. (c) As used in this section, "property" refers to real property covered by the governing documents of a homeowners association.…

Sec. 9. A disclosure form is not a warranty by the owner or the owner's agent, if any, and the disclosure form may not be used as a substitute for any inspections or warranties that the prospective buyer or owner may later obtain. [Pre-2002 Recodification Citation: 24-4.6-2-9.] A…

Sec. 1. (a) This chapter applies to any interest created after September 1, 1984, that complies with this chapter, whether the interest is designated: (1) as a conservation easement; (2) as a covenant; (3) as an equitable servitude; (4) as a restriction; (5) as an easement; or (6…

Sec. 2. As used in this chapter, "conservation easement" means a nonpossessory interest of a holder in real property that imposes limitations or affirmative obligations with the purpose of: (1) retaining or protecting natural, scenic, or open space values of real property; (2) as…

Sec. 3. As used in this chapter, "holder" means any of the following: (1) A governmental body that is empowered to hold an interest in real property under the laws of Indiana or the United States. (2) A charitable corporation, charitable association, nonprofit corporation, or cha…

Sec. 4. As used in this chapter, "third party right of enforcement" means a right that is: (1) provided in a conservation easement to enforce any of the conservation easement's terms; and (2) granted to a governmental body, charitable corporation, charitable association, or chari…

Sec. 5. (a) Except as otherwise provided in this chapter, a conservation easement may be: (1) created; (2) conveyed; (3) recorded; (4) assigned; (5) released; (6) modified; (7) terminated; or (8) otherwise altered or affected; in the same manner as other easements. (b) A right or…

Sec. 6. (a) An action that affects a conservation easement may be brought by: (1) an owner of an interest in the real property burdened by the easement; (2) a holder of the easement; (3) a person having a third party right of enforcement; or (4) a person authorized by other law. …

Sec. 7. A conservation easement is valid even though: (1) the conservation easement is not appurtenant to an interest in real property; (2) the conservation easement can be or has been assigned to another holder; (3) the conservation easement is not of a character that has been r…

Sec. 8. For the purposes of IC 6-1.1, real property that is subject to a conservation easement shall be assessed and taxed on a basis that reflects the easement. [Pre-2002 Recodification Citation: 32-5-2.6-7.] As added by P.L.2-2002, SEC.8.

Sec. 1. (a) Whereas, the storage of gas in subsurface strata or formations of the earth in Indiana tends to insure a more adequate supply of gas to domestic, commercial, and industrial consumers of gas in this state and materially promotes the economy of the state, the storage of…

Sec. 2. (a) A person, firm, limited liability company, municipal corporation, or other corporation authorized to do business in Indiana and engaged in the business of transporting or distributing gas by means of pipelines into, within, or through Indiana for ultimate public use m…

Sec. 3. (a) The rights acquired by condemnation under this chapter must be without prejudice to the rights and interests of the owners or their lessees to: (1) execute oil and gas leases; (2) drill or bore to any other strata or formation not condemned; and (3) produce oil and ga…

Sec. 4. Only the rights in land necessary for use in connection with: (1) the underground storage of gas and those subsurface strata adaptable for underground storage of gas; and (2) the carbon sequestration pilot project established under IC 14-39-1; may be appropriated and cond…

Sec. 5. The appropriation and condemnation of: (1) subsurface strata or formations in land; and (2) rights in and easements in land and subsurface strata or formations; authorized by this chapter must be made under IC 32-24-1. [Pre-2002 Recodification Citation: 32-11-4-5.] As add…

Sec. 1. (a) At the time of the first conveyance of each condominium unit: (1) every mortgage and other lien affecting the condominium unit, including the unit's percentage of undivided interest in the common areas and facilities, must be paid and satisfied of record; or (2) the c…

Sec. 2. (a) Except as provided in subsection (b) or (d), in a voluntary conveyance, the grantee of a condominium unit is jointly and severally liable with the grantor for all unpaid assessments against the grantor for the grantor's share of the common expenses incurred before the…

Sec. 1. A hedge or other live fence grown along the lines dividing properties owned by different persons in Indiana shall be cut and trimmed down to the height of not more than five (5) feet and to a width of not more than three (3) feet once in each calendar year. [Pre-2002 Reco…

Sec. 2. (a) Upon receiving a complaint in writing signed by an owner of land adjoining a hedge or fence to which this chapter applies alleging that the owner of the fence has neglected to cut and trim the hedge or fence, the township trustee shall examine, within five (5) days af…

Sec. 3. The prosecuting attorney shall prosecute a suit under this chapter in the name of the state on relation of a township trustee. The prosecuting attorney shall receive ten dollars ($10) collected as part of the cost of the suit, for bringing a suit under this section. [Pre-…

Sec. 1. (a) If a grantee has satisfied a lien on real property, the grantor shall, upon the request of the grantee, record on the lien record that the lien has been satisfied. (b) Recording on the record of a lien under subsection (a) that the lien has been satisfied operates as …

Sec. 2. (a) If a grantee has satisfied a lien on real property but the grantor has not recorded that the lien has been satisfied under section 1 of this chapter, the grantor shall, at the request of the grantee, certify that the lien has been satisfied. The grantor's certificatio…

Sec. 1. (a) It is lawful for: (1) the president, vice president, cashier, secretary, treasurer, attorney in fact, or other authorized representative of a national bank, state bank, trust company, or savings bank; or (2) the president, vice president, general manager, secretary, t…

Sec. 1. (a) As used in this section, "utility" means a utility, however organized, that: (1) provides electric, gas, water, or wastewater retail utility service to customers in Indiana; or (2) is owned, operated, or held in trust by a consolidated city. (b) A receiver may be appo…

Sec. 10. (a) In all cases commenced or pending in any Indiana court in which a receiver may be appointed or refused, the party aggrieved may, within ten (10) days after the court’s decision, appeal the court's decision to the supreme court without awaiting the final determination…

Sec. 11. In any suit or action by a receiver appointed by any court of record in Indiana, it is only necessary for the receiver, in the receiver’s complaint or pleading, to state: (1) the court; (2) the cause of action in which the receiver was appointed; and (3) the date on whic…

Sec. 12. The clerk of the court of each county shall keep a record book suitable to enter and record statements of assets and liabilities. [Pre-2002 Recodification Citation: 34-48-3-1.] As added by P.L.2-2002, SEC.15.

Sec. 13. All claims against the assets in the hands of the receiver that are filed with the receiver shall be filed by the receiver with the clerk of the court in which the receivership is pending. The clerk shall record the claims with the statements under this chapter, resultin…

Sec. 14. In all receiverships pending or begun in any court, the receiver, within the time as may be fixed by an order of the court in which the receivership is pending, shall file with the court an account or report in partial or final settlement of the liquidation or receiversh…

Sec. 15. The account or report required by section 14 of this chapter must set forth all: (1) receipts and disbursements to the date of the accounting; and (2) other appropriate information relative to the: (A) administration of the receivership; (B) liquidation of the receiversh…