Title 32, PROPERTY

Sec. 11. "Trust" means: (1) a charitable or noncharitable express trust and any additions to the trust, regardless of when or how the trust is created; and (2) a trust created under a statute, judgment, or decree which requires the trust to be administered in the manner of an exp…

Sec. 2. "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. As added by P.L.5-2003, SEC.1.

Sec. 3. "Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made. As added by P.L.5-2003, SEC.1.

Sec. 4. "Disclaimer" means a refusal to accept an interest in or power over property. As added by P.L.5-2003, SEC.1.

Sec. 5. "Fiduciary" means: (1) a personal representative, a trustee, or an agent acting under a power of attorney; or (2) a person authorized to act as a fiduciary with respect to the property of another person. As added by P.L.5-2003, SEC.1.

Sec. 6. "Future interest" means an interest that, if it takes effect in possession or enjoyment, takes effect later than the time of its creation. As added by P.L.5-2003, SEC.1.

Sec. 7. "Jointly held property" means property held in the name of at least two (2) persons under an arrangement in which: (1) all holders have concurrent interests; and (2) the last surviving holder is entitled to the whole of the property. As added by P.L.5-2003, SEC.1.…

Sec. 8. "Person" means an individual, a corporation, a business trust, an estate, a trust, a partnership, a limited liability company, an association, a joint venture, a government, a governmental subdivision, an agency, or instrumentality, a public corporation, or any other lega…

Sec. 9. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band or Alaskan native villag…

Sec. 1. The most recent system of plane coordinates established by the NGS, based on the NSRS, and known as the SPCS, for defining and stating the geographic positions or locations of points on the surface of earth within Indiana shall be known as the "Indiana Plane Coordinate Sy…

Sec. 2. (a) For purposes of the use of the INPCS, Indiana is divided into a statewide zone layer and a multizone layer. (b) The statewide zone layer: (1) consists of a single zone, which is constituted by the total area included in Indiana; (2) should generally be used for applic…

Sec. 3. The use of the term "Indiana Plane Coordinate System" or "INPCS" on any map, report of survey, or other document must be limited to coordinates based on the INPCS as described in this article. As added by P.L.147-2026, SEC.18.

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.167-2009, SEC.2.

Sec. 2. "Board" refers to the board of directors of a homeowners association. As added by P.L.167-2009, SEC.2.

Sec. 3. "Governing documents" includes the following: (1) The articles of incorporation and bylaws of a homeowners association and all adopted amendments to the articles of incorporation and bylaws. (2) Any applicable covenants filed with the office of the county recorder of the …

Sec. 4. "Homeowners association" means a corporation or another entity that: (1) is organized and operated exclusively for the benefit of two (2) or more persons who each own a dwelling in fee simple; (2) acts, in accordance with the articles, bylaws, or other documents governing…

Sec. 5. "Subdivision" means the division of a parcel of land into lots, parcels, tracts, units, or interests in the manner defined and prescribed by a subdivision control ordinance adopted by a legislative body under IC 36-7-4. As added by P.L.167-2009, SEC.2.

Sec. 1. A campground owner may ask that an individual leave a campground if: (1) the individual is not a registered guest or visitor of the campground; (2) the individual remains on the campground beyond an agreed upon departure time and date; (3) the individual defaults in the p…

Sec. 2. An individual who: (1) remains on; or (2) returns to; a campground after having been asked to leave the campground under section 1 of this chapter commits criminal trespass under IC 35-43-2-2. As added by P.L.106-2021, SEC.1.

Sec. 3. A campground owner shall refund the unused portion of any prepaid fees, less any amount otherwise owed to the campground owner or deducted for damages, to a guest who is removed from a campground under section 1 of this chapter. As added by P.L.106-2021, SEC.1.

Sec. 1. (a) This section applies to a written contract in which a husband and wife: (1) purchase real estate; or (2) lease real estate with an option to purchase. (b) Except as provided in subsection (d), a contract described in subsection (a) creates an estate by the entireties …

Sec. 2. If a husband and wife are divorced while a contract described in section 1(a) of this chapter is in effect, the husband and wife own the interest in the contract and the equity created by the contract in equal shares. [Pre-2002 Recodification Citation: 32-4-2-2.] As added…

Sec. 3. If: (1) a husband and wife execute a title bond or contract for the conveyance of real estate owned by them as tenants by the entireties; and (2) one (1) of the spouses dies: (A) during the continuance of the marriage; and (B) before the whole of the agreed purchase price…

Sec. 4. (a) A joint deed of conveyance by a husband and wife is sufficient to convey and pass any interest described in the deed of either or both of them in land held by them as: (1) tenants in common; (2) joint tenants; or (3) tenants by the entireties. (b) An executed and reco…

Sec. 1. In a sale of real estate by: (1) a receiver; or (2) an assignee or trustee under IC 32-18-1; a person may, before the confirmation of the sale by the proper court, file with the clerk of the court, or in open court, a bond in the sum sufficient to secure the sale. The sur…

Sec. 2. If on resale of the real estate, or any part of the real estate, the real estate sells for ten percent (10%) more than the amount bid at the previous sale, the court may not confirm the sale but order the real estate resold. If on resale the additional sum is not realized…

Sec. 1. If coordinates are used to describe any tract of land, that, in the same document, is also described by reference to any subdivision, line, or corner of the United States public land surveys: (1) the description by coordinates shall be construed as supplemental to the bas…

Sec. 0.1. The amendments made to section 2 of this chapter by P.L.18-2008 apply only to determinations of marketable record title after June 30, 2008. As added by P.L.220-2011, SEC.521.

Sec. 1. A person who has an unbroken chain of title of record to an interest in land for at least fifty (50) years has a marketable record title to that interest, subject to section 2 of this chapter. A person is considered to have this unbroken chain of title when: (1) the offic…

Sec. 2. Marketable record title is subject to the following: (1) All interests and defects that are inherent in the muniments of which the chain of record title is formed. However, a general reference in the muniments, or any one (1) of them, to: (A) easements; (B) use restrictio…

Sec. 3. Subject to section 2 of this chapter, marketable record title is held by its owner and is taken by a person dealing with the land free and clear of all interests, claims, or charges whose existence depends upon any act, transaction, event, or omission that occurred before…

Sec. 1. As used in this chapter, "conveyance" means: (1) an instrument of writing concerning land or an interest in land, except a last will and testament; (2) a lease for a term not exceeding three (3) years; or (3) an executory contract for the sale and purchase of land; for pu…

Sec. 2. As used in this chapter, "grantor" has the meaning set forth in IC 32-17-1-1. [2002 Recodification Citation: New.] As added by P.L.2-2002, SEC.6.

Sec. 2.5. As used in this chapter, "proof" has the meaning set forth in IC 32-21-2-1.7. As added by P.L.185-2021, SEC.50.

Sec. 3. A conveyance of any real estate in fee simple or for life, a conveyance of any future estate, or a lease for more than three (3) years after the making of the lease is not valid and effectual against any person other than: (1) the grantor; (2) the grantor's heirs and devi…

Sec. 4. (a) The following may be recorded in the county where the land to which the letter or contract relates is situated: (1) Letters of attorney containing a power to a person to: (A) sell or convey land; or (B) sell and convey land as the agent of the owner of the land. (2) A…

Sec. 1. If: (1) land that belongs to a landowner in Indiana is shut off from a public highway because of the: (A) straightening of a stream under Indiana law; (B) construction of a ditch under Indiana law; or (C) erection of a dam that is constructed by the state or by the United…

Sec. 1. If the governor considers it necessary: (1) to acquire property on which to construct public buildings for the state; or (2) to acquire property adjoining state property on which buildings have been erected; the governor may order the attorney general to file an action in…

Sec. 2. Upon filing the petition, the attorney general shall provide the owners of the property the notice required by law in the commencement of a civil action. It is sufficient to make defendants to the petition all persons who are in possession of the property and those who ap…

Sec. 3. (a) Before entering upon their duties, the appraisers shall take and subscribe an oath that they will honestly appraise the property at its fair cash value. (b) The appraisers shall make a report of their appraisement within a time fixed by the court. (c) If the appraiser…

Sec. 4. (a) After the appraisers file their report, any of the defendants may, within a reasonable time fixed by the court, file exceptions to the report, alleging that the appraisement of the property, as made by the appraisers, is not the true cash value of the property. If exc…

Sec. 5. When the value of the property has been finally determined by the court, the governor may provide for the amount so found and may direct the state comptroller to draw a warrant on the treasurer of state to be paid out of any fund available in favor of the clerk of the cir…

Sec. 6. Upon payment to the clerk of the circuit court and the filing of a receipt for the payment of the money in open court as a part of the proceedings of the cause, the court shall direct the clerk of the circuit court to: (1) execute a deed conveying the title of the propert…

Sec. 1. A condominium unit and the unit's undivided interest in the common areas and facilities constitute real property. [Pre-2002 Recodification Citation: 32-1-6-4.] As added by P.L.2-2002, SEC.10.

Sec. 1. Adjoining property owners who elect to erect, repair, maintain, or pay for fences separating their lands in a manner other than that set forth under this article shall do so by written agreement. When the agreement is signed by the adjoining property owners, the agreement…

Sec. 2. This chapter may not be held or construed as annulling or abrogating any subsisting legal right created under or any cause of action that arose and was fully accrued under any law or agreement if the legal right became effective before January 1, 1950. [Pre-2002 Recodific…