Title 32, PROPERTY

Sec. 23. A person may not throw down the common fence. A person who throws down a common fence shall pay to the association at least five dollars ($5) but not more than twenty dollars ($20), recoverable before any court with jurisdiction. A person who throws down a common fence i…

Sec. 24. It is a Class C infraction for a person to allow the person's stock to run at large in the enclosed area unless expressly permitted to do so by the board of directors of the association. A person who violates this section is liable to all persons whose lands are trespass…

Sec. 25. (a) Any stock found roving about in the enclosed area contrary to the laws or regulations of the association shall be taken up and impounded at the expense of the owner. The poundkeeper shall: (1) if the owner is known, notify the owner, in writing, of the impounding of …

Sec. 3. At the election, at least five (5) of the association members shall elect by ballot at least three (3) but not more than seven (7) association members as directors of the association. [Pre-2002 Recodification Citation: 32-10-1-3.] As added by P.L.2-2002, SEC.11.

Sec. 4. (a) After the election of directors, the association shall record articles of association in the office of the recorder of the county where the proposed fence will be located. (b) The articles must specify the following: (1) The name and objects of the association. (2) Th…

Sec. 5. (a) The board of directors shall petition the board of commissioners of the county where the fence is to be located. (b) The petition must do the following: (1) Be signed by the owners of the major part of the improved land. (2) Give a full description of the contemplated…

Sec. 6. (a) At the time and place named by the board of commissioners and fixed by the notices, the appointed viewers shall do the following: (1) Meet and inspect the lands improved and used for cultivation in the area. (2) Assess against the owners of the improved land the costs…

Sec. 7. (a) The appointed viewers, after having completed their apportionment, shall submit a written report of their work to the board of commissioners, together with a tabular statement of the assessments made. (b) The directors of the association shall record the written repor…

Sec. 8. (a) The board of directors may make annual assessments after the first assessment for the purpose of repairing and maintaining the improvement and for other necessary expenses. (b) The board of directors shall apportion the annual assessments among the owners and file a t…

Sec. 9. (a) If the owners of land have, under or by virtue of any law of Indiana or by mutual consent, erected a fence before March 14, 1877, as described in this chapter, the landowners may: (1) organize an association according to the provisions of this chapter; (2) file their …

Sec. 1. (a) This chapter applies only to a home improvement that is made under a home improvement contract. (b) This chapter applies only to a home improvement contract entered into after June 30, 1992. [Pre-2002 Recodification Citation: 24-5-11.5-1.] As added by P.L.2-2002, SEC.…

Sec. 10. As used in this chapter, "remodeler" means a person who contracts with an owner to alter, repair, or modify the owner's home. [Pre-2002 Recodification Citation: 24-5-11.5-10.] As added by P.L.2-2002, SEC.12.

Sec. 11. As used in this chapter, "warranty date" means the date by which all home improvements and work under the home improvement contract have been substantially completed so the owner can occupy and use the improvement in the manner contemplated by the home improvement contra…

Sec. 12. (a) In performing home improvements and in contracting to perform home improvements, a remodeler may warrant to the owner the following: (1) During the two (2) year period beginning on the warranty date, the home improvement must be free from defects in workmanship or ma…

Sec. 13. (a) A remodeler may disclaim all implied warranties only if all of the following conditions are met: (1) The warranties defined in this chapter are expressly provided for in the home improvement contract between a remodeler and an owner. (2) The performance of the warran…

Sec. 14. (a) If a remodeler breaches a warranty set forth in section 12 of this chapter, the owner may bring an action against the remodeler for: (1) damages arising from the breach; or (2) specific performance. (b) If damages are awarded for a breach of a warranty set forth in s…

Sec. 15. (a) The warranties defined in this chapter are in addition to any other rights created by contract between the parties. (b) The remedies provided in section 14 of this chapter do not limit any remedies available in an action that is not predicated on the breach of an exp…

Sec. 2. The warranties defined by this chapter become effective on the warranty date. [Pre-2002 Recodification Citation: 24-5-11.5-2.] As added by P.L.2-2002, SEC.12.

Sec. 3. (a) As used in this chapter, "home" means an attached or detached single family dwelling. (b) The term includes an attached garage. (c) The term does not include: (1) a driveway; (2) a walkway; (3) a patio; (4) a boundary wall; (5) a retaining wall not necessary for the s…

Sec. 4. As used in this chapter, "home improvement" means any alteration, repair, or other modification of an existing home. [Pre-2002 Recodification Citation: 24-5-11.5-4.] As added by P.L.2-2002, SEC.12.

Sec. 5. As used in this chapter, "home improvement contract" means a written agreement between a remodeler and an owner to make a home improvement. [Pre-2002 Recodification Citation: 24-5-11.5-5.] As added by P.L.2-2002, SEC.12.

Sec. 6. As used in this chapter, "load bearing parts of the home" means the following: (1) Foundation systems and footings. (2) Beams. (3) Girders. (4) Lintels. (5) Columns. (6) Walls and partitions. (7) Floor systems. (8) Roof framing systems. [Pre-2002 Recodification Citation: …

Sec. 7. As used in this chapter, "major structural defect" means actual physical damage to the load bearing functions of the load bearing parts of the home that: (1) were installed, altered, or repaired by the remodeler in the course of remodeling the home; or (2) although not in…

Sec. 8. As used in this chapter, "owner" means a person who: (1) owns the home; and (2) contracts with the remodeler to perform the home improvement work in the home improvement contract. The term includes any of the owner's successors in title before the expiration of the warran…

Sec. 9. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a business trust, an estate, a trust, a partnership, an association, a cooperative, or other legal entity. [Pre-2002 Recodification Citation: 24-5-11.5-9.] As added by P.L.2…

Sec. 1. (a) This section applies to a person, a firm, a limited liability company, a corporation, a copartnership, an association, an administrator, an executor, a guardian, a trustee, or another person who is the owner, holder, or custodian of any mortgage, mechanic's lien, judg…

Sec. 2. (a) This section applies if: (1) the mortgagor or another person having the right to demand the release of a mortgage or lien makes a written demand, sent by registered or certified mail with return receipt requested, to the owner, holder, or custodian to release, dischar…

Sec. 0.2. The addition of IC 32-8-11-9 (before its repeal, now codified at section 10 of this chapter) by P.L.157-1990 applies to a mortgage lien created after June 30, 1990. As added by P.L.220-2011, SEC.525.

Sec. 1. (a) This section does not apply to security interests in rents and profits arising from real estate. (b) Unless a mortgage specifically provides that the mortgagee shall have possession of the mortgaged premises, the mortgagee is not entitled to possession of the mortgage…

Sec. 10. (a) In addition to any other obligation secured by a mortgage, a mortgage may also secure: (1) future obligations and advances up to the maximum amount stated in the mortgage (whether made as an obligation, made at the option of the lender, made after a reduction to a ze…

Sec. 11. (a) This chapter does not limit: (1) the right to assign, mortgage, or pledge the rents and profits arising from real estate; (2) the right of an assignee, a mortgagee, or a pledgee to collect rents and profits for application in accordance with an assignment, a mortgage…

Sec. 2. A mortgage may not be construed to imply a covenant for the payment of the sum intended to be secured by the mortgage so as to enable the mortgagee or the mortgagee's assignees or representatives to maintain an action for the recovery of this sum. If an express covenant i…

Sec. 2.5. A mortgagee or a mortgagee's assignee or representative may not require a mortgagor, as a condition of receiving or maintaining a mortgage, to obtain hazard insurance coverage against risks to improvements on the mortgaged property in an amount exceeding the replacement…

Sec. 3. A mortgage of real estate, including an instrument having the legal effect of a mortgage, may not authorize the mortgagee to sell the mortgaged property. The sale of mortgaged property by the mortgagee may only be made under a judicial proceeding. [Pre-2002 Recodification…

Sec. 4. A mortgage granted by a purchaser to secure purchase money has priority over a prior judgment against the purchaser. [Pre-2002 Recodification Citation: 32-8-11-4.] As added by P.L.2-2002, SEC.14.

Sec. 5. A mortgage of land that is: (1) worded in substance as "A.B. mortgages and warrants to C.D." (here describe the premises) "to secure the repayment of" (here recite the sum for which the mortgage is granted, or the notes or other evidences of debt, or a description of the …

Sec. 6. After a mortgagee of property whose mortgage has been recorded has received full payment from the mortgagor of the sum specified in the mortgage, the mortgagee shall, at the request of the mortgagor, enter in the record of the mortgage that the mortgage has been satisfied…

Sec. 7. If a mortgage has been paid and satisfied by the mortgagor, the mortgagor may take a certificate of satisfaction, duly acknowledged by the mortgagee or the mortgagee's lawful agent, as required for the acknowledgment of conveyances to entitle them to be recorded. The cert…

Sec. 8. (a) Any mortgage of record or any part of the mortgage may be assigned by the mortgagee or any assignee of the mortgage, either by an assignment entered on the margin of the record, signed by the person making the assignment and attested by the recorder, or by a separate …

Sec. 9. This chapter does not affect any provisions made by law relating to the foreclosure of mortgages to the state, so far as the provisions conflict with the provisions of this chapter. [Pre-2002 Recodification Citation: 32-8-11-8.] As added by P.L.2-2002, SEC.14.

Sec. 0.1. The amendments made to section 5 of this chapter by P.L.79-2005 apply only to a cause of action accruing after June 30, 2005. As added by P.L.220-2011, SEC.527.

Sec. 1. As used in this chapter, "person" means an individual, a partnership, an association, a limited liability company, a corporation, a business trust, a joint stock company, or an unincorporated organization. [Pre-2002 Recodification Citation: 32-15-1-1 part.] As added by P.…

Sec. 2. As used in this chapter, "contract" means an oral or a written contract. [Pre-2002 Recodification Citation: 32-15-1-1 part.] As added by P.L.2-2002, SEC.15.

Sec. 3. As used in this chapter, "tort" means an injury to person or property caused by a means other than a breach of contract. [Pre-2002 Recodification Citation: 32-15-1-1 part.] As added by P.L.2-2002, SEC.15.

Sec. 4. As used in this chapter, "date of substantial completion" means the earlier of: (1) the date upon which construction of an improvement to real property is sufficiently completed under a contract of construction, as modified by any additions, deletions, or other amendments…

Sec. 5. (a) As used in this section, "designer" means a person who: (1) designs, plans, supervises, or observes the construction of an improvement to real property; or (2) constructs an improvement to real property. (b) As used in this section, "possessor" means a person having o…