Title 32, PROPERTY

Sec. 13. Nothing in this chapter shall be construed to hinder or otherwise affect the employment, agency, or contractual relationship between and among home owners and construction professionals during the process of construction or remodeling and does not preclude the terminatio…

Sec. 14. If a written notice of claim is served under section 2 of this chapter within the time prescribed for the filing of an action against a construction professional based on an alleged construction defect, the applicable statute of limitations for construction related claim…

Sec. 2. (a) At least sixty (60) days before filing a construction defect action against a construction professional, the claimant must serve written notice of claim on the construction professional. The notice of claim must state that the claimant asserts a construction defect cl…

Sec. 3. (a) If the construction professional disputes the claim or does not respond to the claimant's notice of claim within the time set forth in section 2(b) of this chapter, the claimant may bring an action against the construction professional for the claim described in the n…

Sec. 4. (a) If the construction professional makes a proposal to inspect the residence under section 2(b)(1) of this chapter and the claimant elects to allow the construction professional to inspect in accordance with the construction professional's proposal, the claimant must pr…

Sec. 5. (a) To accept the offer of a construction professional to remedy the construction defect under section (4)(b)(1) of this chapter, the claimant must serve on the construction professional a written notice of acceptance within a reasonable time period after receipt of the o…

Sec. 6. Any action commenced by a claimant before compliance with the requirements of this chapter is subject to dismissal without prejudice, and may not be recommenced until the claimant complies with the requirements of this section. As added by P.L.134-2003, SEC.1.

Sec. 7. Nothing in this section may be construed to prevent a claimant from commencing an action on the construction defect claim described in the notice of claim if the construction professional fails to perform the construction agreed upon, fails to remedy the defect, or fails …

Sec. 8. (a) Before commencing any action alleging a construction defect, or after the dismissal of any action without prejudice under section 6 of this chapter, the claimant may amend the notice of claim to include construction defects discovered after the service of the original…

Sec. 9. (a) If a claimant: (1) unreasonably rejects a reasonable written offer of settlement made under this chapter; or (2) does not permit the construction professional a reasonable opportunity to inspect or to repair the defect under a reasonable offer of settlement; and there…

Sec. 0.2. (a) The amendments made to IC 32-8-3-1 (before its repeal, now codified at section 1 of this chapter), IC 32-8-3-3 (before its repeal, now codified at section 3 of this chapter), and IC 32-8-3-5 (before its repeal, now codified at section 5 of this chapter) by P.L.53-19…

Sec. 1. (a) A contractor, a subcontractor, a mechanic, a lessor leasing construction and other equipment and tools, whether or not an operator is also provided by the lessor, a journeyman, a laborer, or any other person performing labor or furnishing materials or machinery, inclu…

Sec. 10. (a) A lien is void if both of the following occur: (1) The owner of property subject to a mechanic's lien or any person or corporation having an interest in the property, including a mortgagee or a lienholder, provides written notice to the owner or holder of the lien to…

Sec. 11. (a) In an action to foreclose a lien: (1) the defendant or owner of the property subject to the lien; or (2) any person having an interest in the property subject to the lien, including a mortgagee or other lienholder; may file in the action a written undertaking with su…

Sec. 12. (a) This section applies to a person who: (1) performs work or labor such as: (A) grading; (B) building embankments; (C) making excavations for track; (D) building: (i) bridges; (ii) trestlework; (iii) works of masonry; (iv) fencing; or (v) other structures; or (E) perfo…

Sec. 13. A person who desires to acquire the lien provided for in section 12 of this chapter must give notice of the person's intention to hold the lien by causing the notice to be recorded in the recorder's office of the county in which the work was done or material furnished in…

Sec. 14. (a) Except as provided in subsection (b), in an action to enforce a lien under this chapter, a plaintiff or lienholder who recovers a judgment in any sum is entitled to recover reasonable attorney's fees. The court shall enter the attorney's fees as a part of the judgmen…

Sec. 15. A person who knowingly or intentionally: (1) performs labor, supplies services, or furnishes material or machinery in the: (A) construction; (B) repair; or (C) remodeling; of a building, structure, or other work; (2) accepts payment for the labor, services, material, or …

Sec. 16. (a) This section applies to a construction contract for the construction, alteration, or repair of a building or structure other than: (1) a Class 2 structure (as defined in IC 22-12-1-5) or an improvement on the same real estate auxiliary to a Class 2 structure (as defi…

Sec. 17. A provision in a contract for the improvement of real estate in Indiana is void if the provision: (1) makes the contract subject to the laws of another state; or (2) requires litigation, arbitration, or other dispute resolution process on the contract occur in another st…

Sec. 18. (a) This section applies to a provider of labor, materials, or equipment under a contract for the improvement of real estate that conditions the right of the provider to receive payment on the obligor's receipt of payment from a third person with whom the provider does n…

Sec. 2. (a) The entire land upon which the building, erection, or other improvement is situated, including the part of the land not occupied by the building, erection, or improvement, is subject to a lien to the extent of the right, title, and interest of the owner for whose imme…

Sec. 3. (a) Except as provided in subsection (b), a person who wishes to acquire a lien upon property, whether the claim is due or not, must file in duplicate a sworn statement and notice of the person's intention to hold a lien upon the property for the amount of the claim: (1) …

Sec. 4. Any otherwise valid and enforceable statement and notice of intention to hold a lien filed before March 10, 1967, is valid and enforceable. [Pre-2002 Recodification Citation: 32-8-3-4.] As added by P.L.2-2002, SEC.13.

Sec. 5. (a) As used in this section, "lender" refers to: (1) an individual; (2) a supervised financial organization (as defined in IC 26-1-4-102.5); (3) an insurance company or a pension fund; or (4) any other entity that has the authority to make loans. (b) The recorder shall re…

Sec. 6. (a) A person may enforce a lien by filing a complaint in the circuit or superior court of the county where the real estate or property that is the subject of the lien is situated. The complaint must be filed not later than one (1) year after: (1) the date the statement an…

Sec. 7. (a) A person whose lien is recorded under this chapter may be a party to an action to enforce a lien. (b) The court may, by judgment, direct a sale of the land and building for the satisfaction of the liens and costs. The sale shall not prejudice the rights of: (1) a prio…

Sec. 8. If the proceeds of the sale of the property subject to a lien are insufficient to pay all the claimants, the court shall order the claimants to be paid in proportion to the amount due each claimant. [Pre-2002 Recodification Citation: 32-8-3-8.] As added by P.L.2-2002, SEC…

Sec. 9. (a) This section applies to a: (1) subcontractor; (2) lessor leasing construction and other equipment and tools, regardless of whether an operator is also provided by the lessor; (3) journeyman; or (4) laborer; employed or leasing any equipment or tools used by the lessee…

Sec. 1. The release of a mortgage, lease, or other instrument required by law to be recorded written upon the margin, or upon the record, of any mortgage in Indiana by the party authorized to release the mortgage is not a valid release of the mortgage, lease, or other instrument …

Sec. 1. (a) This section applies to all actions: (1) in ejectment; or (2) for the recovery of possession of real estate. (b) At the time of filing a complaint or at any time before judgment, a plaintiff may file with the clerk of the court in which the action is filed or pending …

Sec. 10. If the property is in the possession or control of the defendant or the defendant's agent, the executing officer shall take the property into custody and remove the occupants from the property not earlier than forty-eight (48) hours after the order of possession is serve…

Sec. 11. The executing officer shall return the order of possession with the proceedings endorsed on the order to the court in which the action is pending not more than five (5) days after taking into custody the property described in the order. [Pre-2002 Recodification Citation:…

Sec. 12. A final judgment supersedes any: (1) prejudgment order for possession; (2) temporary restraining order; or (3) order temporarily changing possession of property; issued under this chapter. [Pre-2002 Recodification Citation: 32-6-1.5-12.] As added by P.L.2-2002, SEC.15.…

Sec. 13. Any person having a right to: (1) recover the possession of; or (2) quiet title to; real estate in the name of any other person has a right to recover possession or quiet title in the person's own name. An action may not be defeated or reversed if the plaintiff could hav…

Sec. 14. (a) This section applies to the following proceedings brought in a state court concerning real estate or any interest in real estate located in Indiana: (1) An action to: (A) quiet or determine title to; (B) obtain title or possession of; or (C) partition; real estate. (…

Sec. 15. Section 14 of this chapter may not be construed to contravene or repeal any other Indiana law concerning title to real estate or suits or actions affecting title to real estate. Section 14 of this chapter supplements laws existing on April 26, 1915. [Pre-2002 Recodificat…

Sec. 16. (a) In a suit to quiet title to real estate in a state court, the plaintiff shall serve: (1) all resident and nonresident defendants whose residence is known; and (2) all defendants whose residence is unknown. (b) Service on a known defendant by: (1) the defendant's indi…

Sec. 17. (a) The clerk of a court shall enter in the civil order book all orders and decrees in any suit to quiet the title to real estate. After a court enters final judgment in a proceeding, the clerk shall certify a copy of the final judgment. The clerk shall include the costs…

Sec. 18. (a) A nonresident who, if alive, would be entitled to take and to own real estate in Indiana by descent or devise is presumed dead if the following conditions are met: (1) The nonresident has been absent from the nonresident's last place of residence in any other state o…

Sec. 19. (a) A person who claims real estate under section 18 of this chapter may file a verified complaint in the circuit or superior court of the county in which the real estate is located. The complaint must: (1) name as a defendant the nonresident who is presumed dead under s…

Sec. 2. (a) Upon the filing of an affidavit described in section 1 of this chapter, the clerk shall issue an order for a time fixed by the judge directing the defendant to appear to controvert the affidavit or to show cause why the judge should not remove the defendant from the p…

Sec. 20. (a) A resident householder in Indiana who may claim real estate owned by the householder exempt from sale on execution may quiet the title to the real estate against any judgment or lien. (b) The complaint in an action described in subsection (a) must state the following…

Sec. 21. At the hearing under section 20 of this chapter, the court shall determine the value of the householder's interest in the real estate and shall set forth this amount in the decree quieting the title to the real estate. While the householder owns the real estate, the amou…

Sec. 3. After reviewing the complaint, affidavits, and other evidence or testimony, the court may issue an order for possession before the hearing if probable cause appears that: (1) the property is in immediate danger of destruction, serious harm, or sale to an innocent purchase…

Sec. 4. (a) If a court issues an order of possession under section 3 of this chapter, the defendant or other person from whom possession of the property has been taken may apply to the court for an order shortening the time for hearing on the order to show cause. The court may sh…