Title 32, PROPERTY

Sec. 4. (a) Except as provided in subsections (b) and (c) and in section 1(a) of this chapter, the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law. (b) For purposes of this chapter, if there is a p…

Sec. 4.5. For all purposes under this chapter and IC 30-4-5-26, this section applies only to a lifetime or inter vivos transfer of property to a trust or similar arrangement under which the spouse of the transferor is granted a limited power of appointment ("earlier power") that …

Sec. 5. (a) This section applies to a clause in a governing instrument that: (1) purports to: (A) postpone the vesting or termination of any interest or trust until; (B) disallow the vesting or termination of any interest or trust beyond; (C) require all interests or trusts to ve…

Sec. 6. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely preserves the transferor's plan of distribution and is within the three hundred sixty (360) years allowed by section 3(a)(2), 3(b)(2), or 3(c)(2) of this chapter …

Sec. 1. This chapter applies to a transfer of property made after June 30, 2001, that transfers ownership of the property from a delinquent taxpayer to another person after the property is sold at a tax sale under IC 6-1.1-24 and before the tax sale purchaser is issued a tax sale…

Sec. 2. A taxpayer must file a tax sale surplus fund disclosure form in duplicate with the county auditor before the taxpayer may transfer title to property if: (1) the taxpayer owes delinquent taxes on the property; (2) the property was sold at a tax sale under IC 6-1.1-24; and …

Sec. 3. A tax sale surplus fund disclosure form must contain the following information: (1) The name and address of the taxpayer transferring the property. (2) The name and address of the person acquiring the property. (3) The proposed date of transfer. (4) The purchase price for…

Sec. 4. The tax sale surplus fund disclosure form must be signed by the taxpayer transferring the property and acknowledged before an officer authorized to take acknowledgments of deeds. [Pre-2002 Recodification Citation: 32-2-8-4.] As added by P.L.2-2002, SEC.6.

Sec. 5. The county auditor shall: (1) stamp the tax sale surplus fund disclosure form to indicate the county auditor's receipt of the form; and (2) remit the duplicate to the taxpayer. [Pre-2002 Recodification Citation: 32-2-8-5.] As added by P.L.2-2002, SEC.6.

Sec. 6. The state board of accounts shall prescribe the tax sale surplus fund disclosure form required by this chapter. [Pre-2002 Recodification Citation: 32-2-8-6.] As added by P.L.2-2002, SEC.6.

Sec. 7. (a) Before a county auditor may make the endorsement required by IC 36-2-11-14 on a document of conveyance for property to which this chapter applies, the person acquiring the property must: (1) redeem the property by paying to the county treasurer the total amount requir…

Sec. 1. Leases for oil and gas that are recorded in Indiana are void: (1) after a period of one (1) year has elapsed since: (A) the last payment of rentals on the oil and gas lease as stipulated in the lease or contract; or (B) operation for oil or gas has ceased, both by the non…

Sec. 2. (a) The recorder of the county in which real estate described in section 1 of this chapter is situated shall certify upon the face of the record of the oil and gas lease that: (1) the leases and contracts are invalid and void by reason of nonpayment of rentals; and (2) th…

Sec. 3. If, at any time after the cancellation of a lease and contract and within the term provided in the lease or contract, the lessee submits to the recorder: (1) a receipt or a canceled check, or an affidavit, showing that the rental has been paid; or (2) an affidavit that: (…

Sec. 4. The owner of a lease that is canceled by a county recorder under this chapter may, not more than six (6) months after the date of cancellation of the lease, appeal the order and record of cancellation in the circuit court, superior court, or probate court of the county in…

Sec. 1. The administration of every property is governed by bylaws. A true copy of the bylaws shall be annexed to and made a part of the declaration. A modification of or amendment to the bylaws is valid only if: (1) the modification or amendment is set forth in an amendment to t…

Sec. 10. (a) In case of fire or any other casualty or disaster, other than complete destruction of all buildings containing the condominium units: (1) the improvements shall be reconstructed; and (2) the insurance proceeds shall be applied to reconstruct the improvements. (b) In …

Sec. 11. (a) If: (1) the: (A) improvements are not insured; or (B) insurance proceeds are not sufficient to cover the cost of repair or reconstruction; and (2) the property is not to be removed from the condominium; the co-owners shall contribute the balance of the cost of repair…

Sec. 12. The following apply if, under section 10 of this chapter, it is not determined by the co-owners to rebuild after a casualty or disaster has occurred: (1) The property is considered to be owned in common by the condominium unit owners. (2) The undivided interest in the pr…

Sec. 13. (a) Subject to the declaration and this chapter, a declarant may add additional real estate to an expandable condominium if an amendment to the declaration required by subsection (b) is executed in the manner described in section 3 of this chapter. The expansion is effec…

Sec. 14. (a) Subject to: (1) the declaration; (2) condominium instruments; and (3) this chapter; a declarant may withdraw withdrawable land from a contractable condominium unless the withdrawal is prohibited by subsection (c). The contraction is effective when the instruments req…

Sec. 15. If a declarant reserves an option in the declaration to not expand the condominium, the declarant shall: (1) make a full disclosure of that option to every prospective buyer in writing before the buyer enters an agreement to purchase a condominium unit; and (2) obtain an…

Sec. 16. (a) All of the co-owners may remove a property from this article by a recorded removal instrument if the holders of all liens affecting any of the condominium units: (1) consent in a recorded instrument to the removal; or (2) agree in a recorded instrument that their lie…

Sec. 2. The bylaws must provide for the following: (1) With respect to the board of directors: (A) the election of the board from among the co-owners; (B) the number of persons constituting the board; (C) the expiration of the terms of at least one-third (1/3) of the directors an…

Sec. 2.5. (a) A co-owner of the condominium is entitled to attend any meeting of the board of directors of the condominium, including the annual meeting. However, the board of directors may meet in private to discuss delinquent assessments. The board of directors may also meet in…

Sec. 3. (a) The following shall be recorded: (1) A declaration. (2) An amendment to a declaration. (3) An instrument by which this article may be waived. (4) An instrument affecting the property or any condominium unit. (b) A declaration and any amendment to a declaration are val…

Sec. 4. (a) A declarant may: (1) maintain: (A) sales offices; (B) management offices; and (C) model condominium units; in the condominium only if the condominium instruments provide for those items; and (2) specify the rights of the declarant with regard to the: (A) number; (B) s…

Sec. 5. A condominium unit owner may not make an alteration or structural change that would: (1) jeopardize the soundness or safety of the property; (2) reduce the value of the property; or (3) impair any easement or hereditament; unless the condominium unit owner has obtained th…

Sec. 6. The: (1) common profits of the property shall be credited to; and (2) common expenses of the property shall be charged to; the condominium unit owners according to the percentage of the owners' undivided interests in the common areas and facilities. [Pre-2002 Recodificati…

Sec. 6.5. (a) As used in this section, "condominium association" refers to: (1) the association of co-owners (as defined in IC 32-25-2-2); (2) the board of directors; or (3) the manager or managing agent; for a condominium that is subject to this article. (b) A condominium associ…

Sec. 7. (a) Taxes, assessments, and other charges of: (1) the state; (2) any political subdivision; (3) any special improvement district; or (4) any other taxing or assessing authority; shall be assessed against and collected on each condominium unit. Taxes, assessments, and othe…

Sec. 8. (a) The manager or board of directors shall keep detailed, accurate records in chronological order of the receipts and expenditures affecting the common areas and facilities, specifying and itemizing: (1) the maintenance and repair expenses of the common areas and facilit…

Sec. 9. (a) The co-owners, through the association of co-owners, shall purchase: (1) a master casualty policy, payable as part of the common expenses, affording fire and extended coverage in an amount consonant with the full replacement value of the improvement that in whole or i…

Sec. 1. (a) When the fence rails or other property of a person in Indiana are removed by high water and lodged upon the real property of another person, the owner of the fence rails or other property may proceed, within sixty (60) days after the fence rails or other property are …

Sec. 2. Before the arbitrators proceed under section 1 of this chapter, the arbitrators must swear, before a person who may administer oaths, to discharge the arbitrators' duties faithfully, impartially, and according to law. [Pre-2002 Recodification Citation: 32-10-8-2.] As adde…

Sec. 3. If at least ten (10) persons claim the same property under section 1 of this chapter, the persons shall give notice to all interested persons of the time and place of the arbitration. Upon hearing all the facts and circumstances in the case, the arbitrators shall award to…

Sec. 4. It is not a trespass for a person to go upon the real property of another person for the purposes set forth in this chapter. A person who goes upon the real property of another person under this chapter shall go upon the route that will do the least possible injury to the…

Sec. 1. (a) Except as provided in subsection (b), an action may not be brought for the foreclosure of a lien of an assessment for a: (1) street; (2) sewer; (3) sidewalk; (4) ditch; or (5) other public improvement; if the action is not commenced within five (5) years after the rig…

Sec. 1. If a suit is brought to foreclose a mortgage, the mortgagee or an assignee shown on the record to hold an interest in the mortgage shall be named as a defendant. [Pre-2002 Recodification Citation: 32-8-17-1 part.] As added by P.L.2-2002, SEC.14.

Sec. 2. A person who is assigned a mortgage and fails to have the assignment properly placed on the mortgage record is bound by the court's judgment or decree as if the person were a party to the suit. [Pre-2002 Recodification Citation: 32-8-17-1 part.] As added by P.L.2-2002, SE…

Sec. 3. A person who: (1) purchases a mortgaged premises or any part of a mortgaged premises under the court's judgment or decree at a judicial sale or who claims title to the mortgaged premises under the judgment or decree; and (2) buys the mortgaged premises or any part of the …

Sec. 4. (a) As used in this section, "interested person", with respect to an action to foreclose a mortgage on an interest in real property in Indiana, means: (1) the holder of the evidence of debt secured by the mortgage being foreclosed; (2) a person: (A) who purchases the prop…

Sec. 1. As used in this chapter, "nuisance" means the use of a property to commit an act constituting an offense under IC 35-48-4. [Pre-2002 Recodification Citation: 34-19-3-1.] As added by P.L.2-2002, SEC.15. Amended by P.L.142-2020, SEC.50.

Sec. 10. The court may issue an injunction or order other equitable relief under this chapter regardless of whether an adequate remedy exists at law. [Pre-2002 Recodification Citation: 34-19-3-10.] As added by P.L.2-2002, SEC.15.

Sec. 10.5. In addition to the remedies and penalties specified in sections 10, 11, 12, and 13 of this chapter, the court may do any of the following in an action brought under this chapter concerning the sale or solicited sale of a synthetic drug (as defined in IC 35-31.5-2-321),…

Sec. 11. Notwithstanding any other provision of law, and in addition to or as a component of a remedy ordered under section 10 of this chapter, the court, after a hearing, may order a tenant that created a nuisance on the property leased by the tenant to vacate the property withi…