Title 32, PROPERTY

Sec. 1. If: (1) a landowner in Indiana has had a pond or lake built on the landowner's real estate by the federal Works Progress Administration; and (2) as a requisite to the building of the pond or lake, the landowner has given a lease in writing to the state relative to the bui…

Sec. 2. A release under section 1 of this chapter may be filed with the recorder of the county in which the real estate is situated and recorded in the miscellaneous record in the recorder's office. [Pre-2002 Recodification Citation: 32-5-6-1(b).] As added by P.L.2-2002, SEC.8.…

Sec. 1. (a) A party may file a written objection in a proceeding for the condemnation or appropriation of property for public use brought by: (1) the state of Indiana; (2) a commission, a department, or an agency of the state; (3) a county; (4) a township; (5) a city; (6) a town;…

Sec. 2. In the exercise of the power of eminent domain, notice of filing of the appraisers' report shall be given by the clerk of the court to all known parties to the action by certified mail. Any period of exceptions after which the parties are barred from disputing the apprais…

Sec. 1. (a) After a declaration is recorded under this article and while the property remains subject to this article, a lien may not arise or be effective against the property as a whole. Except as provided in subsection (b), liens or encumbrances may arise or be created only ag…

Sec. 2. Subject to any restrictions and limitations in the condominium instruments, the declarant has a transferable easement over and upon the common areas and facilities for the purpose of: (1) making improvements within: (A) the condominium; or (B) additional real estate; unde…

Sec. 3. (a) All sums assessed by the association of co-owners but unpaid for the share of the common expenses chargeable to any condominium unit constitute a lien on the unit effective at the time of assessment. The lien has priority over all other liens except: (1) tax liens on …

Sec. 1. (a) The owners of real property in a county who own the major portion of the property in the county that is: (1) improved and used for purposes of agriculture; (2) in an area that is: (A) definitely described by sections or subdivisions of sections; or (B) sufficiently de…

Sec. 2. (a) After having performed the duties required under section 1 of this chapter, the viewers shall, as soon as practicable, submit a report in writing to the board of county commissioners of the viewers' actions and a tabular statement of the viewers' assessment. The repor…

Sec. 3. (a) A certified copy of the report of the viewers, as approved by the board of commissioners, shall be filed in the office of the county auditor. (b) Thirty (30) days after the fence and gates described in section 1 of this chapter have been constructed, any person intere…

Sec. 4. The viewers appointed under this chapter may, if necessary, employ a surveyor, who shall be paid for the surveyor's services as may be agreed upon. The board of county commissioners shall fix the compensation of the viewers for their services. The entire cost and expenses…

Sec. 5. A person who owns property enclosed under this chapter may not allow stock to run at large upon the enclosed property during the period beginning March 16 and ending December 25 of any year. [Pre-2002 Recodification Citation: 32-10-6-5.] As added by P.L.2-2002, SEC.11.

Sec. 1. (a) If: (1) a person owns or has an interest in real estate to which a mechanic's lien has been attached; (2) the debt secured by the lien has satisfied or paid; and (3) the person who owns or has an interest in the encumbered real estate demands that the lien be released…

Sec. 2. If a person who owns or has an interest in real estate encumbered by a mechanic's lien prepares and files the affidavit described in section 1(c) of this chapter, the recorder of the county in which the encumbered real estate is situated shall immediately record the affid…

Sec. 1. As used in this chapter, "mortgage" means a mortgage or mortgage lien on an interest in real property in Indiana given to secure a loan in the original principal amount of not more than one million dollars ($1,000,000). [Pre-2002 Recodification Citation: 32-8-15.5-1.] As …

Sec. 10. A certificate of release executed under this chapter must contain substantially all of the following: (1) The name of the mortgagor, the name of the original mortgagee and, if applicable, the name of the mortgage servicer, the date of the mortgage, the date of recording …

Sec. 11. A certificate of release authorized by this chapter shall be executed and acknowledged in the same manner as required by law in Indiana for the execution and acknowledgment of a deed. [Pre-2002 Recodification Citation: 32-8-15.5-11.] As added by P.L.2-2002, SEC.14.

Sec. 12. (a) A title insurance company may authorize an appointed agent of the title insurance company to execute certificates of release under this chapter by recording a notice of authorization in the office of the county recorder for each county in which the duly appointed age…

Sec. 13. A creditor or mortgage servicer may not withhold the release of a mortgage if the written mortgage payoff statement misstates the amount of the payoff and the written payoff is relied upon in good faith by an independent closing agent without knowledge of the misstatemen…

Sec. 14. The acceptance of a payment by a creditor or mortgage servicer of an amount that is not sufficient to pay the amount owed does not constitute a waiver, release, accord and satisfaction, or other impairment of the creditors or mortgage servicers rights notwithstanding any…

Sec. 15. A certificate of release prepared, executed, and recorded in accordance with the requirements of this chapter constitutes a release of the mortgage described in that certificate of release, and the county recorder shall enter and index the certificate of release in the s…

Sec. 16. (a) The execution and recording of a wrongful or erroneous certificate of release by a title insurance company or a duly appointed agent with authority from a title insurance company does not relieve the mortgagor, or anyone succeeding to or assuming the interest of the …

Sec. 17. This chapter applies to the release of a mortgage after June 30, 2001, regardless of when the mortgage was created or assigned. [Pre-2002 Recodification Citation: 32-8-15.5-17.] As added by P.L.2-2002, SEC.14. Amended by P.L.48-2003, SEC.1 and P.L.79-2003, SEC.1.

Sec. 2. As used in this chapter, "mortgagee" means: (1) the grantee of a mortgage; or (2) if a mortgage has been assigned of record, the last person to whom the mortgage has been assigned of record. [Pre-2002 Recodification Citation: 32-8-15.5-2.] As added by P.L.2-2002, SEC.14.…

Sec. 3. As used in this chapter, "mortgage servicer" means the last person to whom a mortgagor or the mortgagor's successor in interest has been instructed by a mortgagee to send payments on a loan secured by a mortgage. A person transmitting a payoff statement is the mortgage se…

Sec. 4. As used in this chapter, "mortgagor" means the grantor of a mortgage. [Pre-2002 Recodification Citation: 32-8-15.5-4.] As added by P.L.2-2002, SEC.14.

Sec. 5. As used in this chapter, "payoff statement" means a statement of the amount of: (1) the unpaid balance of a loan secured by a mortgage, including principal, interest, and any other charges properly due under or secured by the mortgage; and (2) interest on a per day basis …

Sec. 6. As used in this chapter, "person" means an individual, a corporation, or any other legal entity. [Pre-2002 Recodification Citation: 32-8-15.5-6.] As added by P.L.2-2002, SEC.14.

Sec. 7. As used in this chapter, "record" means to record with the county recorder. [Pre-2002 Recodification Citation: 32-8-15.5-7.] As added by P.L.2-2002, SEC.14.

Sec. 8. As used in this chapter, "title insurance company" means a corporation or other business entity authorized and licensed to transact the business of insuring titles to interests in real property in Indiana under IC 27. [Pre-2002 Recodification Citation: 32-8-15.5-8.] As ad…

Sec. 9. An officer or appointed agent of a title insurance company may, on behalf of a mortgagor or a person who acquired from the mortgagor a lien against all or part of the property described in a mortgage, execute a certificate of release that complies with the requirements of…

Sec. 1. As used in this chapter, "agricultural operation" includes any facility used for the production of crops, livestock, poultry, livestock products, poultry products, or horticultural products or for growing timber. [Pre-2002 Recodification Citation: 34-6-2-7.] As added by P…

Sec. 1.5. As used in this chapter, "forestry operation" includes facilities, activities, and equipment used to plant, raise, manage, harvest, and remove trees on private land. The term includes site preparation, fertilization, pest control, and wildlife management. As added by P.…

Sec. 10. (a) This section does not apply if a nuisance results from the negligent operation of a public use airport operation or the operation's appurtenances. (b) It is the purpose of this section to limit the circumstances under which a public use airport operation may be a nui…

Sec. 11. (a) This section does not apply if a nuisance results from the negligent operation of a forestry operation. (b) For purposes of subsection (d), a forestry operation is considered to be in continuous operation if the locality supports an actual or a developing timber crop…

Sec. 2. As added used in this chapter, "industrial operation" includes any facility used for the: (1) manufacture of a product from other products; (2) transformation of a material from one (1) form to another; (3) mining of a material and related mine activities; or (4) storage …

Sec. 3. As used in this chapter, "locality" means the following: (1) For purposes of section 9 of this chapter, the specific area of land upon which an: (A) agricultural operation; or (B) industrial operation; is conducted. (2) For purposes of section 10 of this chapter, the foll…

Sec. 4. As used in this chapter, "public use airport operation" includes any facility used as a public use airport for the landing, take off, storage, or repair of aircraft. [Pre-2002 Recodification Citation: 34-6-2-126.] As added by P.L.2-2002, SEC.15.

Sec. 5. As used in this chapter, "vicinity of the locality" means the following: (1) Three (3) miles from the locality (as defined in section 3(2) of this chapter) of a public use airport operation that serves regularly scheduled air carrier or military turbojet aircraft. (2) One…

Sec. 6. Whatever is: (1) injurious to health; (2) indecent; (3) offensive to the senses; or (4) an obstruction to the free use of property; so as essentially to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action. [Pre-2002 Re…

Sec. 7. (a) An action to abate or enjoin a nuisance may be brought by any person whose: (1) property is injuriously affected; or (2) personal enjoyment is lessened; by the nuisance. (b) A civil action to abate or enjoin a nuisance may also be brought by: (1) an attorney represent…

Sec. 8. If a proper case is made, the nuisance may be enjoined or abated and damages recovered for the nuisance. [Pre-2002 Recodification Citation: 34-19-1-3.] As added by P.L.2-2002, SEC.15.

Sec. 9. (a) This section does not apply if a nuisance results from the negligent operation of an agricultural or industrial operation or its appurtenances. (b) The general assembly declares that it is the policy of the state to conserve, protect, and encourage the development and…

Sec. 9.5. (a) If a court finds that an agricultural operation that is the subject of a nuisance action: (1) was not a nuisance under section 9 of this chapter and that the nuisance action was frivolous, the court shall award court costs and reasonable attorney's fees, to the defe…

Sec. 1. The definitions in IC 32-31-3 and IC 32-31-5 apply throughout this chapter. [Pre-2002 Recodification Citation: 32-7-9-1.] As added by P.L.2-2002, SEC.16.

Sec. 10. The adjudication of an emergency possessory claim under section 6(b), 7(c), or 7.1(b) of this chapter does not bar a subsequent claim a party may have against the other party arising out of the landlord and tenant relationship unless that claim has been adjudicated under…