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Indiana Statutes, Title 32

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Indiana/Statutes

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Title 32, PROPERTY

223 chapters · 1,791 sections in this title.

All chapters in Title 321,791 Ch 2, Estate273 Ch 1, Effect of Recodification by the Act …251 Ch 3, Tenancy148 Ch 7, Delivery or Filing of Disclaimer110 Ch 5, Partition Investment Limitations106 Ch 8, Uniform Statutory Rule Against Perpe…106 Ch 1.5, Revised Unclaimed Property Act88 Ch 6, Powers of Appointment-Renunciation o…79 Ch 11, Multiple Party Accounts66 Ch 10, Limitations on Possibility of Revert…65 Ch 4, Partition Proceedings64 Ch 14, Transfer on Death Property Act53 Ch 9, Tax Qualified Disclaimer51 Ch 13, Liability of Nonprobate Transferees …49

1,791 sections·Filtered byTitle 32✕

Ind. Code § 32-31-12-3 Affidavit
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Sec. 3. (a) A property owner who discovers that a squatter is occupying the owner's property may execute an affidavit stating that the squatter: (1) is occupying the owner's property; (2) does not have a rental agreement, permission of the owner, or any other property interest au…
Ind. Code § 32-31-12-4 Removal of a squatter by law enforcement
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Sec. 4. (a) A property owner may provide a law enforcement agency with a copy of the affidavit described in section 3 of this chapter. (b) Except as provided in subsection (c), not later than forty-eight (48) hours after receipt of the affidavit, the law enforcement agency shall …
Ind. Code § 32-31-12-5 Credible evidence that an individual is not a squatter
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Sec. 5. (a) Except as provided in subsection (b), a law enforcement officer dispatched to remove a squatter shall remove the squatter from the property unless the law enforcement officer discovers credible evidence that the individual is not a squatter because the individual: (1)…
Ind. Code § 32-31-12-6 Other legal remedies
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Sec. 6. The provisions for the removal of a squatter under this chapter are in addition to and supplement any other legal remedies available to the property owner, including filing an action for possession or emergency possession under this article. As added by P.L.191-2025, SEC.…

Ind. Code § 32-31-12-7 Law enforcement immunity

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Sec. 7. A law enforcement agency or law enforcement officer is immune from civil liability for acting within the scope of the law enforcement agency's or law enforcement officer's duties to enforce a requirement of this chapter. As added by P.L.191-2025, SEC.1.

Ind. Code § 32-31-12-8 Wrongful removal from property; civil cause of action

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Sec. 8. (a) For purposes of this section, a person is wrongfully removed from property under this chapter if the affiant knowingly makes a materially false statement on an affidavit described in section 3 of this chapter. (b) A person wrongfully removed from property under this c…

Ind. Code § 32-33-12-1 Products and services subject to lien

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Sec. 1. (a) The owner or operator of a machine or tool used in threshing or hulling grain or seeds or in the plowing, disking, or cultivating of land for the production of crops or in the combining, picking, or baling of crops has a lien upon the grain or seed threshed or hulled …

Ind. Code § 32-33-12-2 Necessity of notice

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Sec. 2. A lien provided for in this chapter does not attach to crops in the hands of an innocent purchaser or dealer in the usual course of trade unless all of the notices provided for in section 1 of this chapter have been given. [Pre-2002 Recodification Citation: 32-8-33-2.] As…

Ind. Code § 32-17-13-1 "Nonprobate transfer"; transfers involving multiple party accounts, motor vehicles, and watercraft

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Sec. 1. (a) As used in this chapter, "nonprobate transfer" means a valid transfer, effective at death, by a transferor: (1) whose last domicile was in Indiana; and (2) who immediately before death had the power, acting alone, to prevent transfer of the property by revocation or w…

Ind. Code § 32-17-13-10 Recovery of value of nonprobate transfer from nonprobate transferee; intervention

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Sec. 10. (a) If the personal representative of a deceased transferor's probate estate commences a separate proceeding under this chapter and recovers all or part of the value of the nonprobate transfer from the nonprobate transferees, the personal representative must: (1) include…

Ind. Code § 32-17-13-2 "Claimant"; "nonprobate transferee"; liability of nonprobate transferee

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Sec. 2. (a) As used in this chapter, "claimant" means the surviving spouse or a surviving child, to the extent that statutory allowances are affected, or a person who has filed a timely claim in a deceased transferor's probate estate under IC 29-1-14, and is entitled to enforce t…

Ind. Code § 32-17-13-3 Priority of liability to probate estate

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Sec. 3. Nonprobate transferees are liable for the insufficiency described in section 2 of this chapter in the following order: (1) As provided in the deceased transferor's will or other governing instrument. (2) To the extent of the value of the nonprobate transfer received or co…

Ind. Code § 32-17-13-4 Beneficiary interests in trusts

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Sec. 4. Unless otherwise provided by the trust instrument, interest of beneficiaries in all trusts incurring liabilities under this chapter shall abate as necessary to satisfy the liability as if all of the trust instruments were a single trust. As added by P.L.165-2002, SEC.11. …

Ind. Code § 32-17-13-5 Apportionment of liability by instrument

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Sec. 5. (a) A provision made in an instrument may direct the apportionment of the liability among the nonprobate transferees taking under that or any other governing instrument. (b) If a provision in an instrument conflicts with a provision in another instrument, the later provis…

Ind. Code § 32-17-13-6 Enforcement proceedings; jurisdiction

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Sec. 6. (a) Upon due notice to a nonprobate transferee, the liability imposed by this chapter is enforceable in proceedings in Indiana in the county where: (1) the transfer occurred; (2) the transferee is located; or (3) the probate action is pending. (b) A proceeding under this …

Ind. Code § 32-17-13-7 Commencement of proceedings; requirements; time limits; immunity of personal representative

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Sec. 7. (a) This subsection applies to a proceeding commenced under this chapter and a deceased transferor who died before July 1, 2018, if the personal representative or claimant commences the proceeding before January 1, 2020. A proceeding under this chapter may not be commence…

Ind. Code § 32-17-13-8 Deadline for commencement of proceedings

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Sec. 8. (a) This subsection applies to a proceeding commenced under this chapter with respect to a deceased transferor who died before July 1, 2018, if the personal representative or claimant commences the proceeding before January 1, 2020. A proceeding under this chapter must be…

Ind. Code § 32-17-13-9 Release of obligor or trustee from liability for transfer of assets to nonprobate transferee

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Sec. 9. Unless written notice asserting that a deceased transferor's probate estate is insufficient to pay allowed claims and statutory allowances has been received from the deceased transferor's personal representative, the following rules apply: (1) Payment or delivery of asset…

Ind. Code § 32-21-13-1 Application of election law definitions

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Sec. 1. The definitions in IC 3-5-2.1 apply to this chapter. As added by P.L.5-2010, SEC.1. Amended by P.L.186-2025, SEC.167.

Ind. Code § 32-21-13-2 "Rules"

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Sec. 2. As used in this chapter, "rules" refers to any of the following: (1) A restrictive covenant. (2) A homeowners association rule. As added by P.L.5-2010, SEC.1.

Ind. Code § 32-21-13-3 "Sign"

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Sec. 3. As used in this chapter, "sign" refers only to a sign advocating: (1) the election or defeat of one (1) or more candidates for: (A) nomination; or (B) election; to a public office; (2) support for or opposition to: (A) a political party; or (B) a political party's candida…

Ind. Code § 32-21-13-4 Prohibition on homeowner association adoption or enforcement of rules relating to display of political signs; exceptions

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Sec. 4. Except as provided in section 5 of this chapter, a homeowners association may not adopt or enforce a rule that prohibits a member of the homeowners association from displaying a sign on the member's property during the period: (1) beginning thirty (30) days before; and (2…

Ind. Code § 32-21-13-5 Permissible rules relating to display of political signs

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Sec. 5. A homeowners association may adopt and enforce rules relating to a sign described in section 3 of this chapter if the rules do any of the following: (1) Restrict the size of a sign if the rule permits a homeowner to display a sign that is at least as large as signs common…

Ind. Code § 32-21-13-6 Homeowners association may remove sign that violates permitted rules

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Sec. 6. A homeowners association may remove a sign that violates the rules permitted by this chapter. As added by P.L.5-2010, SEC.1.

Ind. Code § 32-21-13-7 Political activity on homeowners association property may not be prohibited; exception

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Sec. 7. (a) This section does not apply to homeowners association property if: (1) access to the property from the outside is controlled by gates or other means; and (2) the common areas, including roads and sidewalks, are privately owned and maintained. (b) As used in this secti…

Ind. Code § 32-23-13-1 "Adjacent mineral producer"

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Sec. 1. As used in this chapter, "adjacent mineral producer" means a person that: (1) is engaged in the production, development, or future development of at least one (1) mineral, including coal, oil, gas, or another mineral in solid, liquid, or gaseous form; and (2) owns or leas…

Ind. Code § 32-23-13-10 Lease payments; distribution of funds

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Sec. 10. (a) Any payment that is owed by the adjacent mineral producer petitioner under a mineral lease executed with the trustee shall be paid by the petitioner to the clerk of the court. (b) A person that wishes to claim the funds described in subsection (a) must file a verifie…

Ind. Code § 32-23-13-11 Subsequent court proceedings

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Sec. 11. (a) After the entry of the initial judgment authorizing a lease under this chapter, all subsequent proceedings that concern the land and the mineral interest involved in the initial litigation, including: (1) subsequent leasing proceedings; (2) proceedings by the trustee…

Ind. Code § 32-23-13-12 Application of lease

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Sec. 12. (a) The lease of a mineral interest and execution of any lease under this chapter is binding concerning the interest in the mineral and the right to produce and develop the mineral owned by any respondent to the action in the same manner as if the respondent personally h…

Ind. Code § 32-23-13-13 Marketable title

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Sec. 13. This chapter shall be construed so that any lease issued under this chapter conveys marketable title. As added by P.L.28-2015, SEC.1.

Ind. Code § 32-23-13-14 Additional remedies

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Sec. 14. The remedies provided in this chapter are not exclusive and do not prohibit the initiation of a petition for the integration of oil and gas interest as provided in IC 14-37-9, including the integration of interests of missing or unknown owners. As added by P.L.28-2015, S…

Ind. Code § 32-23-13-2 "Mineral interest of an unknown or missing owner"

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Sec. 2. As used in this chapter, "mineral interest of an unknown or missing owner" means: (1) the mineral estate in land; or (2) any portion of the mineral estate in land; that is owned by an unknown or missing owner. As added by P.L.28-2015, SEC.1.

Ind. Code § 32-23-13-3 "Unknown or missing owner"

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Sec. 3. (a) As used in this chapter, "unknown or missing owner" means a person: (1) vested of record or by operation of IC 32-23-10 with a property interest in: (A) a mineral estate in land; or (B) a portion of a mineral estate in land; and (2) whose identity or location cannot b…

Ind. Code § 32-23-13-4 Mineral interest of an unknown or missing owner; lease to produce or develop

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Sec. 4. An adjacent mineral producer that: (1) brings an action under; and (2) meets the requirements of; this chapter may produce and develop all or part of a mineral interest of an unknown or missing owner under a lease entered into under this chapter. As added by P.L.28-2015, …

Ind. Code § 32-23-13-5 Venue

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Sec. 5. An action brought under this chapter by an adjacent mineral producer must be brought in the circuit court or superior court of the county: (1) in which the land that contains the mineral interest of an unknown or missing owner sought to be affected is entirely located; or…

Ind. Code § 32-23-13-6 Action; requirements; guardian ad litem

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Sec. 6. (a) An adjacent mineral producer that brings an action under this chapter must do the following: (1) Name the following as respondents: (A) The last owners of record in the chain of title and all reasonably ascertainable heirs, devisees, successors, and assigns of the las…

Ind. Code § 32-23-13-7 Court determinations; trustee appointment

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Sec. 7. (a) The court shall receive evidence and hear testimony concerning: (1) the matters in the adjacent mineral producer's petition; and (2) the prevailing terms of similar mineral leases of the type sought by the petitioner obtained in the vicinity of the land in the petitio…

Ind. Code § 32-23-13-8 Additional court proceedings

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Sec. 8. (a) In proceedings under this chapter, the court may do the following: (1) Investigate and determine questions of conflicting or controverted titles. (2) Remove invalid and inapplicable encumbrances from the title to the subject land. (3) Establish and confirm the title t…

Ind. Code § 32-23-13-9 Trustee duties; lease

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Sec. 9. (a) The trustee shall do the following: (1) Enter into negotiations with the adjacent mineral producer petitioner. (2) Execute a mineral lease in favor of the petitioner covering the interest of the respondents that reflects the findings and judgment of the court. (3) Pro…

Ind. Code § 32-28-13-1 "Common law lien"

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Sec. 1. As used in this chapter, "common law lien" means a lien against real or personal property that is not: (1) a statutory lien; (2) a security interest created by agreement; or (3) except as provided in this chapter, a judicial lien obtained by legal or equitable process or …

Ind. Code § 32-28-13-1.5 "Public employee"

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Sec. 1.5. As used in this chapter, "public employee" means an individual who is an employee in the executive, judicial, or legislative branch of: (1) the state or a political subdivision (as defined in IC 5-11-10.5-1); or (2) the federal government; in Indiana. As added by P.L.19…

Ind. Code § 32-28-13-2 "Property owner"

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Sec. 2. As used in this chapter, "property owner" means the owner of record of real or personal property. [Pre-2002 Recodification Citation: 32-8-39-2.] As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.4.

Ind. Code § 32-28-13-3 "Public official"

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Sec. 3. As used in this chapter, "public official" means an individual who holds office or formerly held office at any time during the preceding four (4) years in the executive, judicial, or legislative branch of: (1) the state or a political subdivision (as defined in IC 5-11-10…

Ind. Code § 32-28-13-4 Common law lien against public official based on performance of official duty precluded; voiding common law lien

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Sec. 4. (a) This chapter provides the procedure for filing and releasing a common law lien. (b) This chapter does not create a common law lien. A common law lien does not exist against the property of a public official for the performance or nonperformance of the public official'…

Ind. Code § 32-28-13-5 Statement of intention to hold common law lien

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Sec. 5. (a) A person who wishes to record a common law lien must file with the county recorder of a county in which the real or personal property against which the common law lien is to be held is located a statement of the person's intention to hold a common law lien against the…

Ind. Code § 32-28-13-6 Notice to lienholder to commence suit; voiding common law lien

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Sec. 6. (a) A property owner who is not a public official or public employee may send to the lienholder a notice requiring the lienholder to commence suit on the common law lien. The notice to commence suit must be made by first class mail to the lienholder at the address given i…

Ind. Code § 32-28-13-6.5 Property owner who is a public official or public employee

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Sec. 6.5. (a) If a property owner who is a public official or public employee receives a statement of intention to hold a common law lien under section 5 of this chapter, the property owner may provide written notice to the county recorder swearing and affirming that the property…

Ind. Code § 32-28-13-7 Affidavit of service of notice to commence suit; release of property and expunging record; fee

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Sec. 7. (a) If a lienholder fails to commence suit after notice to commence suit is sent under section 6 of this chapter, a property owner may file an affidavit of service of notice to commence suit with the recorder of the county in which the statement of intention to hold a com…

Ind. Code § 32-28-13-8 Certificate of satisfaction

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Sec. 8. (a) When a common law lien recorded under this chapter has been satisfied, the lienholder shall record a certificate of satisfaction with the recorder of the county in which the statement of intention to hold a common law lien was recorded. The certificate must specify th…

Ind. Code § 32-28-13-9 Civil actions against lienholder

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Sec. 9. A person who is injured by a common law lien that is recorded under section 5 of this chapter may bring a civil action against the lienholder for: (1) actual damages; (2) costs; and (3) reasonable attorney's fees. [Pre-2002 Recodification Citation: 32-8-39-6.] As added by…