Ind. Code § 32-34-6-3 — Indiana Code / Title 32 / Article 34 / Chapter 6 / Section 32-34-6-3
"Fabricator" defined
Status: in_force

Sec. 3. As used in this chapter, "fabricator" means an individual or entity, including a tool or die maker, who:

(1) manufactures, causes to be manufactured, assembles, or improves a die, mold, form, jig, or pattern for a customer; or

(2) uses a die, mold, form, jig, or pattern to manufacture, assemble, or otherwise make a product for a customer.

[Pre-2002 Recodification Citation: 32-9-6-1(2).]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-31-12-5 — Indiana Code / Title 32 / Article 31 / Chapter 12 / Section 32-31-12-5
Credible evidence that an individual is not a squatter
Status: in_force

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) has a rental agreement, permission of the property owner, or any other property interest permitting the individual to occupy the property; or

(2) formerly had a rental agreement, permission of the property owner, or any other property interest that allowed the individual to occupy the property.

(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 an invitee of:

(1) the property owner; or

(2) a person who has or formerly had a rental agreement or permission of the property owner to occupy the property.

A law enforcement officer dispatched to remove a squatter from a railroad or a railroad car may rely upon a statement from an individual working on the railroad or in the railroad car that the individual alleged to be the squatter does not have a lawful reason to be on the railroad or in the railroad car as credible evidence to remove the squatter under this subsection.

(c) In addition to removing the squatter from the property, a law enforcement officer may arrest the squatter if the law enforcement officer has probable cause to believe that the squatter has committed an offense.

As added by P.L.191-2025, SEC.1.
Ind. Code § 32-33-20-15 — Indiana Code / Title 32 / Article 33 / Chapter 20 / Section 32-33-20-15
Proceeds of special tool sale
Status: in_force

Sec. 15. (a) The proceeds of a sale of a special tool under section 13 of this chapter shall be paid as follows:

(1) The proceeds shall be paid first to the prior lienholder who has a perfected lien in an amount sufficient to satisfy the lienholder's interest.

(2) Any remainder after payment is made under subdivision (1) shall be paid to the special tool builder who possesses a lien under this chapter in an amount sufficient to extinguish that interest.

(3) Any remainder after payment is made under subdivision (2) shall be paid to the customer.

(b) A sale may not be made or possession may not be obtained under section 13 of this chapter if the sale or possession would violate any right a customer or an end user has under federal patent, bankruptcy, or copyright law.

As added by P.L.73-2009, SEC.4.
Ind. Code § 32-30-3-10 — Indiana Code / Title 32 / Article 30 / Chapter 3 / Section 32-30-3-10
Removal of occupants within 48 hours service
Status: in_force

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 served on the defendant or the defendant's agent.

[Pre-2002 Recodification Citation: 32-6-1.5-10.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-19-2-1 — Indiana Code / Title 32 / Article 19 / Chapter 2 / Section 32-19-2-1
Positions expressed by x-coordinate and y-coordinate
Status: in_force

Sec. 1. (a) The plane coordinates of a point on the earth's surface, used to express the position or location of that point in the appropriate zone of the Indiana coordinate system described in IC 32-19-1, must consist of two (2) distances expressed in:

(1) U.S. Survey feet (1 meter = 39.37/12 feet) and decimals of a foot when using the Indiana coordinate system of 1927; and

(2) meters and decimals of a meter and United States Survey feet and decimals of a foot when using the Indiana coordinate system of 1983.

(b) The distance described in subsection (a) that gives the position in an east-and-west direction is called the "x-coordinate". The distance described in subsection (a) that gives the position in a north-and-south direction is called the "y-coordinate". These coordinates must be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American Horizontal Geodetic Control Network as published by the National Ocean Survey/National Geodetic Survey or its successors, if the successor's plane coordinates have been computed on the Indiana coordinate system of 1927 or the Indiana coordinate system of 1983. Any station may be used for establishing a survey connection to the Indiana coordinate system of 1927 or the Indiana coordinate system of 1983.

[Pre-2002 Recodification Citation: 32-1-1-3.]

As added by P.L.2-2002, SEC.4.
Ind. Code § 32-27-2-11 — Indiana Code / Title 32 / Article 27 / Chapter 2 / Section 32-27-2-11
Warranties in addition to contract rights; other remedies
Status: in_force

Sec. 11. (a) The warranties set forth in this chapter (or IC 34-4-20.5 or IC 32-15-7 before their repeal) are in addition to any rights created by contract between the parties.

(b) The remedies provided in section 10 of this chapter (or IC 34-4-20.5-10 or IC 32-15-7-10 before their repeal) do not limit any remedies available in an action that is not predicated upon the breach of an express or implied warranty set forth in this chapter (or IC 34-4-20.5 or IC 32-15-7 before their repeal) or otherwise existing.

[Pre-2002 Recodification Citation: 32-15-7-11.]

As added by P.L.2-2002, SEC.12.
Ind. Code § 32-25-8-11 — Indiana Code / Title 32 / Article 25 / Chapter 8 / Section 32-25-8-11
Insurance; reconstruction of building; insufficient proceeds
Status: in_force

Sec. 11. (a) If:

(1) the:

(A) improvements are not insured; or

(B) insurance proceeds are not sufficient to cover the cost of repair or reconstruction; and

(2) the property is not to be removed from the condominium;

the co-owners shall contribute the balance of the cost of repair or reconstruction in the percentage by which a condominium unit owner owns an undivided interest in the common areas and facilities as expressed in the declaration.

(b) The amount of the contribution under subsection (a):

(1) is assessed as part of the common expense; and

(2) constitutes a lien from the time of assessment of the contribution as provided in IC 32-25-6-3.

[Pre-2002 Recodification Citation: 32-1-6-20.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-26-8-1 — Indiana Code / Title 32 / Article 26 / Chapter 8 / Section 32-26-8-1
Rights of property owners; arbitration
Status: in_force

Sec. 1. (a) When the fence rails or other property of a person in Indiana are removed by high water and lodged upon the real property of another person, the owner of the fence rails or other property may proceed, within sixty (60) days after the fence rails or other property are lodged, upon the real property on which the fence rails or other property are lodged.

(b) If the owner of the real property refuses to deliver up the fence rails or other property, the parties shall each select an arbitrator, who shall examine or hear evidence upon all the circumstances and facts and determine the case.

(c) If the arbitrators selected under subsection (b) cannot agree, the arbitrators shall select an umpire. The decision of a majority of the arbitrators and the umpire is final.

[Pre-2002 Recodification Citation: 32-10-8-1.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-33-20-1 — Indiana Code / Title 32 / Article 33 / Chapter 20 / Section 32-33-20-1
"Customer"
Status: in_force

Sec. 1. As used in this chapter, "customer" means a person who:

(1) causes a special tool builder to design, develop, manufacture, assemble for sale, or otherwise make a special tool; or

(2) causes an end user to use a special tool.

As added by P.L.73-2009, SEC.4.
Ind. Code § 32-23-5-2 — Indiana Code / Title 32 / Article 23 / Chapter 5 / Section 32-23-5-2
"Conservation easement"
Status: in_force

Sec. 2. As used in this chapter, "conservation easement" means a nonpossessory interest of a holder in real property that imposes limitations or affirmative obligations with the purpose of:

(1) retaining or protecting natural, scenic, or open space values of real property;

(2) assuring availability of the real property for agricultural, forest, recreational, or open space use;

(3) protecting natural resources;

(4) maintaining or enhancing air or water quality; or

(5) preserving the historical, architectural, archeological, or cultural aspects of real property.

[Pre-2002 Recodification Citation: 32-5-2.6-1 part.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-25.5-2-2 — Indiana Code / Title 32 / Article 25.5 / Chapter 2 / Section 32-25.5-2-2
"Board"
Status: in_force

Sec. 2. "Board" refers to the board of directors of a homeowners association.

As added by P.L.167-2009, SEC.2.
Ind. Code § 32-34-1.5-79 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-79
Disclosing confidential information
Status: in_force

Sec. 79. (a) When reasonably necessary to enforce or implement this chapter, the attorney general may disclose confidential information concerning property held by the attorney general or the attorney general's agent only to:

(1) an apparent owner or the apparent owner's personal representative, attorney, other legal representative, relative, or agent designated under section 76 of this chapter to have the information;

(2) the personal representative, other legal representative, relative of a deceased apparent owner, agent designated under section 76 of this chapter by the deceased apparent owner, or a person entitled to inherit from the deceased apparent owner;

(3) another department or agency of this state or the United States;

(4) the person that administers the unclaimed property law of another state, if the other state accords substantially reciprocal privileges to the attorney general of this state if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to sections 77, 78, 79, 80, 81, 82, 83, and 84 of this chapter; and

(5) a person subject to an examination under section 55(6) of this chapter.

(b) Except as otherwise provided in section 78(a) of this chapter, the attorney general shall include on the website or in the data base required by section 25(a) of this chapter the name of each apparent owner of property held by the attorney general. The attorney general may include in published notices, printed publications, telecommunications, the Internet, or other media and on the website or in the data base additional information concerning the apparent owner's property if the attorney general believes the information will assist in identifying and returning property to the owner and does not disclose personal information except the home or physical address of an apparent owner.

(c) The attorney general and the attorney general's agent may not use confidential information provided to them or in their possession except as expressly authorized by this chapter or required by another law of this state.

As added by P.L.141-2021, SEC.20. Amended by P.L.55-2025, SEC.3.
Ind. Code § 32-30-10-1 — Indiana Code / Title 32 / Article 30 / Chapter 10 / Section 32-30-10-1
"Auctioneer" defined
Status: in_force

Sec. 1. As used in this chapter, "auctioneer" means an auctioneer licensed under IC 25-6.1.

[Pre-2002 Recodification Citation: 32-15-6-6.5 part.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-38-2-1 — Indiana Code / Title 32 / Article 38 / Chapter 2 / Section 32-38-2-1
Applicability of definitions
Status: in_force

Sec. 1. The definitions in IC 27-7-3-2 apply throughout this article.

As added by P.L.95-2007, SEC.19.
Ind. Code § 32-31-9-2 — Indiana Code / Title 32 / Article 31 / Chapter 9 / Section 32-31-9-2
Applicability of definitions
Status: in_force

Sec. 2. Except as otherwise provided in this chapter, the definitions in IC 32-31-3 apply throughout this chapter.

As added by P.L.22-2007, SEC.2.
Ind. Code § 32-18-1-21 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-21
Fees allowed clerk of court; compensation of appraisers and trustee
Status: in_force

Sec. 21. (a) For whatever services the clerk of the circuit court is required to perform under this chapter, the clerk is allowed the same fees as are allowed the clerk by law for similar services in other civil proceedings.

(b) The appraisers under this chapter are entitled to one dollar ($1) per day each for their services.

(c) The judge shall remunerate the trustee for the trustee's services in executing the trust out of the general fund as the judge considers just and proper.

[Pre-2002 Recodification Citation: 32-12-1-21.]

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-17-11-5 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-5
"Multiple party account" defined
Status: in_force

Sec. 5. (a) As used in this chapter, "multiple party account" means any of the following types of accounts:

(1) A joint account.

(2) A trust account.

(b) The term does not include accounts established for deposit of funds of a partnership, joint venture, or other association for business purposes, or accounts controlled by one (1) or more persons as the duly authorized agent or trustee for a corporation, unincorporated association, charitable or civic organization, or a regular fiduciary or trust account where the relationship is established other than by deposit agreement.

[Pre-2002 Recodification Citation: 32-4-1.5-1(5).]

As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.33.
Ind. Code § 32-34-7-8 — Indiana Code / Title 32 / Article 34 / Chapter 7 / Section 32-34-7-8
Commencement of time period
Status: in_force

Sec. 8. For silk screens in existence on June 1, 1983, the three (3) year period specified in this chapter begins on the last date that the silk screen was used, regardless of whether that date was before June 1, 1983.

[Pre-2002 Recodification Citation: 32-9-7-7.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-32.5-1-4 — Indiana Code / Title 32 / Article 32.5 / Chapter 1 / Section 32-32.5-1-4
"Guest"
Status: in_force

Sec. 4. "Guest" means an individual who occupies a campsite in a campground under an agreement with the campground owner.

As added by P.L.106-2021, SEC.1.
Ind. Code § 32-33-11-1 — Indiana Code / Title 32 / Article 33 / Chapter 11 / Section 32-33-11-1
Services and property subject to lien
Status: in_force

Sec. 1. A transferman, a drayman, or any other person, firm, limited liability company, or corporation that is engaged in:

(1) packing for shipment or storage; or

(2) transferring, hauling, or conveying from place to place;

goods, merchandise, machines, machinery or other articles of value is entitled to a lien under this chapter for money paid for freight, storage or demurrage charges on the goods, merchandise, machines, machinery or other articles of value or for erecting machines, machinery, stacks or other equipment. The lien is imposed upon the goods, merchandise, machines, machinery, or other articles of value that are packed, hauled, transferred, conveyed, or erected, for charges for the hauling, packing, transferring, conveying, or erecting or for money paid for freight, storage, or demurrage on the goods, merchandise, machines, machinery, or other articles of value.

[Pre-2002 Recodification Citation: 32-8-32-1.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-18-2-11 — Indiana Code / Title 32 / Article 18 / Chapter 2 / Section 32-18-2-11
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-2-7-11.]

As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.10.
Ind. Code § 32-34-4-5 — Indiana Code / Title 32 / Article 34 / Chapter 4 / Section 32-34-4-5
Property having aggregate value of at least $10; notice to debtor
Status: in_force

Sec. 5. (a) If items of personal property having an estimated aggregate value of at least ten dollars ($10) are discovered within a vehicle that has been lawfully repossessed, the creditor must notify the debtor as follows:

(1) The notice must be written.

(2) The notice must list each item of personal property having an estimated value greater than five dollars ($5).

(3) The notice must include the estimated aggregate value of all of the items of personal property.

(4) The notice must include a statement that if the debtor does not claim the property within thirty (30) days after the notice was sent, the personal property will become the property of the creditor with no right of redemption by the debtor.

(5) The notice must be sent by certified mail.

(b) If the debtor does not claim the items of personal property included in a notice given under subsection (a) not more than thirty (30) days after the notice was mailed, the items of personal property become the property of the creditor with no right of redemption by the debtor.

[Pre-2002 Recodification Citation: 32-9-9-5.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-25-6-2 — Indiana Code / Title 32 / Article 25 / Chapter 6 / Section 32-25-6-2
Common areas; transferable easements for making improvements
Status: in_force

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;

under those instruments and this article; and

(2) doing all things reasonably necessary and proper in connection with the improvements referred to in subdivision (1).

[Pre-2002 Recodification Citation: 32-1-6-15.4.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-18-1-14 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-14
Distribution of money in possession of trustee
Status: in_force

Sec. 14. If the court confirms the report made as provided under section 11 of this chapter and if no contested claims are standing on the docket as provided under section 12 of this chapter, the court shall order the trustee to pay all money in the trustee's hands to the clerk of the court. The clerk, after deducting the costs incident to the execution of the trust, including an allowance to the trustee as the court considers just, shall:

(1) distribute the money among the creditors according to this chapter; and

(2) take receipts from each creditor.

[Pre-2002 Recodification Citation: 32-12-1-14.]

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-33-13-3 — Indiana Code / Title 32 / Article 33 / Chapter 13 / Section 32-33-13-3
Enforcement by other action not prohibited
Status: in_force

Sec. 3. This chapter does not preclude the remedy of enforcing the lien by any other action provided by law.

[Pre-2002 Recodification Citation: 32-8-34-1 part.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-17-3-3 — Indiana Code / Title 32 / Article 17 / Chapter 3 / Section 32-17-3-3
Title bond or contract for sale of land; survivorship
Status: in_force

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 has been paid;

the interest of the deceased spouse in the unpaid part of the purchase price passes to the surviving spouse in the same right as the surviving spouse's rights of survivorship in real estate held as tenants by the entireties.

[Pre-2002 Recodification Citation: 32-4-3-1.]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-24-2-13 — Indiana Code / Title 32 / Article 24 / Chapter 2 / Section 32-24-2-13
Due date of benefit assessments; foreclosure of liens; costs
Status: in_force

Sec. 13. (a) The benefit assessments are due and payable to the fiscal officer or county treasurer from the time of the preparation or delivery of the assessment duplicate.

(b) If an assessment is not paid within sixty (60) days, the municipality, by its attorney, shall proceed to foreclose the liens as mortgages are foreclosed, with similar rights of redemption, and have the property sold to pay the assessments. The municipality may recover costs, with reasonable attorney's fees, and interest from the expiration of the sixty (60) days allowed for payment, at the rate of six percent (6%) per year.

(c) If the person against whom the assessment is made is a resident of the municipality, demand for payment must be made by delivering to the person personally, or leaving at the person's last or usual place of residence, a notice of the assessment and demand for payment.

[Pre-2002 Recodification Citation: 32-11-1.5-10.]

As added by P.L.2-2002, SEC.9.
Ind. Code § 32-23-7-4 — Indiana Code / Title 32 / Article 23 / Chapter 7 / Section 32-23-7-4
"Person in interest"
Status: in_force

Sec. 4. (a) As used in this chapter, "person in interest" means:

(1) if used in reference to an oil and gas estate in land, the owner of a beneficial interest in the oil and gas estate in land; or

(2) if used in reference to a coal bed methane estate in land, the owner of a beneficial interest in the coal bed methane estate in land;

whether the interest is held for life, for a term of years, or in fee.

(b) The term includes a lessee, licensee, or duly qualified agent of the owner.

(c) The term does not include a mortgagee or security assignee of the owner if the mortgagee or security assignee does not have a right to the control or operation of the premises for:

(1) if used in reference to an oil and gas estate in land, oil and gas; or

(2) if used in reference to a coal bed methane estate in land, coal bed methane.

[Pre-2002 Recodification Citation: 32-5-7-1(c).]

As added by P.L.2-2002, SEC.8. Amended by P.L.140-2011, SEC.24.
Ind. Code § 32-30-7-16 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-16
Owner of personal property; petition for release of property; good faith; discharge of preliminary injunction
Status: in_force

Sec. 16. The owner of the personal property that has been restrained or is to be restrained under this chapter may appear after the filing of the complaint and before the hearing on the application for a permanent injunction and petition the court to release the personal property. If the court is satisfied that the owner:

(1) has acted in good faith; and

(2) did not know and, with reasonable care and diligence, could not have known that the personal property was used as an indecent nuisance;

the court shall, at the time of the hearing on the application for the preliminary injunction, refrain from issuing any order restraining the removal or interference with the personal property. If the preliminary injunction has been issued, the court shall discharge the order and deliver the property to the owner.

[Pre-2002 Recodification Citation: 34-19-2-11.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-33-20-5 — Indiana Code / Title 32 / Article 33 / Chapter 20 / Section 32-33-20-5
Transfer of rights, title, and interest in a special tool to an end user
Status: in_force

Sec. 5. (a) This section does not apply if an end user retains title to and possession of a special tool.

(b) Unless otherwise agreed in writing, if a customer does not claim possession of a special tool from an end user within three (3) years after the date the special tool is last used by the end user, at the option of the end user, all rights, title, and interest in the special tool may be transferred by operation of law to the end user for the purpose of destroying the special tool.

(c) After the three (3) year period described in subsection (b) expires, if an end user chooses to have all rights, title, and interest in a special tool transferred to the end user, the end user shall send written notice by registered mail, return receipt requested:

(1) to an address designated in writing by the customer; or

(2) if the customer has not designated an address in writing, to the customer's last known address;

that indicates the end user intends to terminate the customer's rights, title, and interest in the special tool by having all rights, title, and interest in the special tool transferred to the end user under this section.

(d) If a customer does not:

(1) claim possession of the special tool within one hundred twenty (120) days after the date the end user receives the return receipt of the notice sent under subsection (c); or

(2) make other arrangements with the end user for storage of the special tool within one hundred twenty (120) days after the date the end user receives the return receipt of the notice sent under subsection (c);

all rights, title, and interest of the customer in the special tool are transferred by operation of law to the end user for the purpose of destroying the special tool.

(e) This section may not be construed to:

(1) affect a right of a customer under a:

(A) federal patent or copyright law; or

(B) state or federal law concerning unfair competition; or

(2) grant a customer rights, title, or interest in a special tool.

As added by P.L.73-2009, SEC.4. Amended by P.L.1-2010, SEC.130.
Ind. Code § 32-25-2-10 — Indiana Code / Title 32 / Article 25 / Chapter 2 / Section 32-25-2-10
"Contractable condominium"
Status: in_force

Sec. 10. "Contractable condominium" means a condominium from which one (1) or more portions of the condominium real estate may be withdrawn.

[Pre-2002 Recodification Citation: 32-1-6-2(d).]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-22-1-2 — Indiana Code / Title 32 / Article 22 / Chapter 1 / Section 32-22-1-2
False representation; good faith purchaser
Status: in_force

Sec. 2. (a) This section does not apply to any sale or contract made and entered into before September 19, 1881.

(b) In all sales of real estate by a person less than eighteen (18) years of age, the person may not disaffirm the sale without first restoring to the purchaser the consideration received in the sale, if the person falsely represented himself or herself to the purchaser to be at least eighteen (18) years of age and the purchaser acted in good faith, relied upon the person's representations in the sale, and had good cause to believe the person to be at least eighteen (18) years of age.

[Pre-2002 Recodification Citations: 32-1-12-2; 32-1-12-3.]

As added by P.L.2-2002, SEC.7.
Ind. Code § 32-27-2-3 — Indiana Code / Title 32 / Article 27 / Chapter 2 / Section 32-27-2-3
"Major structural defect" defined
Status: in_force

Sec. 3. As used in this chapter, "major structural defect" means actual damage to the load bearing part of a new home or model home, including actual damage due to:

(1) subsidence;

(2) expansion; or

(3) lateral movement;

of the soil affecting the load bearing function, unless the subsidence, expansion, or lateral movement of the soil is caused by flood, earthquake, or some other natural disaster.

[Pre-2002 Recodification Citation: 32-15-7-3.]

As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.4.
Ind. Code § 32-34-5-9 — Indiana Code / Title 32 / Article 34 / Chapter 5 / Section 32-34-5-9
Mailing notice; change of address or ownership
Status: in_force

Sec. 9. (a) A notice given by a museum under this chapter must be mailed to the lender's last known address by certified mail. Proper notice is given if the museum receives proof of receipt of the notice not more than thirty (30) days after the notice was mailed.

(b) If:

(1) the lender's address; or

(2) the address of any designated agent of the lender;

changes, the lender shall provide written notice of the new address to the museum.

(c) If the ownership of property loaned to a museum changes while the museum is in possession of the property, the new owner of the property shall provide written notice of:

(1) the change of ownership of the property; and

(2) the address of the new owner;

to the museum.

[Pre-2002 Recodification Citation: 32-9-10-9.]

As added by P.L.2-2002, SEC.19. Amended by P.L.125-2016, SEC.2.
Ind. Code § 32-34-1.5-84 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-84
Claims regarding confidential information; indemnification
Status: in_force

Sec. 84. (a) If a claim is made or action commenced arising out of an event described in section 83(a) of this chapter relating to confidential information possessed by the attorney general's agent, the attorney general's agent shall indemnify, defend, and hold harmless a holder and the holder's affiliates, officers, directors, employees, and agents as to:

(1) any claim or action; and

(2) a liability, obligation, loss, damage, cost, fee, penalty, fine, settlement, charge, or other expense, including reasonable attorney's fees and costs, established by the claim or action.

(b) The attorney general shall require an agent that will receive confidential information required under this chapter to maintain adequate insurance for the indemnification obligations under subsection (a). The agent required to maintain the insurance shall provide evidence of the insurance to:

(1) the attorney general not less frequently than annually; and

(2) the holder on commencement of an examination and annually thereafter until all confidential information is returned or destroyed under section 82(e) of this chapter.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-34-8-27 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-27
Hearing
Status: in_force

Sec. 27. (a) The court shall hear and determine the matters in controversy in the most speedy manner practicable, as other proceedings are determined before the court.

(b) The court may fix the amount of compensation the claimant must pay and award a writ, or writs, for the delivery of the property to the claimant upon payment of the compensation.

[Pre-2002 Recodification Citation: 32-9-3-27.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-30-1-2 — Indiana Code / Title 32 / Article 30 / Chapter 1 / Section 32-30-1-2
"Contract" defined
Status: in_force

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.
Ind. Code § 32-27-2-8 — Indiana Code / Title 32 / Article 27 / Chapter 2 / Section 32-27-2-8
Warranties of builder; survival of warranties
Status: in_force

Sec. 8. (a) In selling a completed new home, and in contracting to sell a new home to be completed, the builder may warrant to the initial home buyer the following:

(1) During the two (2) year period beginning on the warranty date, the new home will be free from defects caused by faulty workmanship or defective materials.

(2) During the two (2) year period beginning on the warranty date, the new home will be free from defects caused by faulty installation of:

(A) plumbing;

(B) electrical;

(C) heating;

(D) cooling; or

(E) ventilating;

systems, exclusive of fixtures, appliances, or items of equipment.

(3) During the four (4) year period beginning on the warranty date, the new home will be free from defects caused by faulty workmanship or defective materials in the roof or roof systems of the new home.

(4) During the ten (10) year period beginning on the warranty date, the new home will be free from major structural defects.

(b) The warranties provided in this section (or IC 34-4-20.5-8 or IC 32-15-7 before their repeal) survive the passing of legal or equitable title in the new home to a home buyer.

(c) An individual identified in section 7(1)(A), 7(1)(B), or 7(1)(C) of this chapter who is selling a new home shall notify the purchaser of the home in writing on or before the date of closing or transfer of the new home of:

(1) the warranty date (as defined in section 7 of this chapter); and

(2) the amount of time remaining under the warranty.

[Pre-2002 Recodification Citation: 32-15-7-8.]

As added by P.L.2-2002, SEC.12. Amended by P.L.165-2005, SEC.10; P.L.137-2023, SEC.9.
Ind. Code § 32-31-3-3 — Indiana Code / Title 32 / Article 31 / Chapter 3 / Section 32-31-3-3
"Landlord" defined
Status: in_force

Sec. 3. As used in this chapter, "landlord" means:

(1) the owner, lessor, or sublessor of a rental unit or the property of which the unit is a part; or

(2) a person authorized to exercise any aspect of the management of the premises, including a person who directly or indirectly:

(A) acts as a rental agent; or

(B) receives rent or any part of the rent other than as a bona fide purchaser.

[Pre-2002 Recodification Citation: 32-7-5-3.]

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-31-3-6 — Indiana Code / Title 32 / Article 31 / Chapter 3 / Section 32-31-3-6
"Rent" defined
Status: in_force

Sec. 6. As used in this chapter, "rent" includes all payments made to a landlord under a rental agreement except a security deposit, however denominated.

[Pre-2002 Recodification Citation: 32-7-5-6.]

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-25-8-5 — Indiana Code / Title 32 / Article 25 / Chapter 8 / Section 32-25-8-5
Alteration or structural changes; impairing easements or hereditaments
Status: in_force

Sec. 5. A condominium unit owner may not make an alteration or structural change that would:

(1) jeopardize the soundness or safety of the property;

(2) reduce the value of the property; or

(3) impair any easement or hereditament;

unless the condominium unit owner has obtained the unanimous consent of all the other co-owners.

[Pre-2002 Recodification Citation: 32-1-6-9.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-17-11-8 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-8
"Payment" defined
Status: in_force

Sec. 8. As used in this chapter, "payment" of sums on deposit includes the following:

(1) Withdrawal.

(2) Payment on check or other directive of a party.

(3) Any pledge of sums on deposit by a party.

(4) Any set-off, reduction, or other disposition of all or part of any account pursuant to a pledge.

[Pre-2002 Recodification Citation: 32-4-1.5-1(8).]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-35-2-24 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-24
Effect of defendant's bond on show cause proceedings
Status: in_force

Sec. 24. If the defendant files an undertaking under section 22 of this chapter before the hearing of the order to show cause, proceedings under the order to show cause terminate, unless exception is taken to the surety.

[Pre-2002 Recodification Citation: 34-21-5-4.]

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-29-1-4 — Indiana Code / Title 32 / Article 29 / Chapter 1 / Section 32-29-1-4
Purchase money mortgage
Status: in_force

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.
Ind. Code § 32-19.5-1-1 — Indiana Code / Title 32 / Article 19.5 / Chapter 1 / Section 32-19.5-1-1
Applicability
Status: in_force

Sec. 1. Nothing in this article prohibits a person from using:

(1) the most recent or a prior version of the SPCS established by the NGS; or

(2) the Indiana Coordinate System of 1983, as provided in IC 32-19;

to state the geographic positions or locations of points above, on, or below the surface of the earth within Indiana.

As added by P.L.147-2026, SEC.18.
Ind. Code § 32-17-14-8 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-8
Transferring entity's acceptance of a beneficiary designation
Status: reserved

Sec. 8. (a) If a transferring entity accepts a beneficiary designation or beneficiary assignment or registers property in beneficiary form, the acceptance or registration constitutes the agreement of the owner and the transferring entity that, subject to this section, the owner's property will be transferred to and placed in the name and control of the beneficiary in accordance with the beneficiary designation or transfer on death direction, the agreement between the parties, and this chapter.

(b) An agreement described in subsection (a) is subject to the owner's power to revoke or change a beneficiary designation before the owner's death.

(c) A transferring entity's duties under an agreement described in subsection (a) are subject to the following:

(1) Receiving proof of the owner's death.

(2) Complying with the transferring entity's requirements for proof that the beneficiary is entitled to receive the property.

As added by P.L.143-2009, SEC.41.
Ind. Code § 32-32-3-15 — Indiana Code / Title 32 / Article 32 / Chapter 3 / Section 32-32-3-15
Assurance of voluntary compliance
Status: in_force

Sec. 15. In the administration of this chapter, the attorney general may execute an assurance of voluntary compliance with a time share developer in existence on September 1, 1985, in the same manner as provided in IC 24-5-0.5-7(a), except that no filing with the court is required in order for the assurance to be effective under this chapter.

[Pre-2002 Recodification Citation: 24-5-9-36.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-17-6-6 — Indiana Code / Title 32 / Article 17 / Chapter 6 / Section 32-17-6-6
Last unrevoked appointment
Status: in_force

Sec. 6. The last unrevoked exercise of a power of appointment is effective and controlling.

[Pre-2002 Recodification Citation: 32-3-1-1 part.]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-18-2-18 — Indiana Code / Title 32 / Article 18 / Chapter 2 / Section 32-18-2-18
Person taking in good faith and for equivalent value; creditor's remedies; limits on recovery; judgments based on value of asset transferred; remedies of good faith transferees or obligees; transfer resulting from lease termination or enforcement of security interest; burdens of proof
Status: reserved

Sec. 18. (a) A transfer or an obligation is not voidable under section 14(a)(1) of this chapter against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent transferee or obligee.

(b) To the extent that a transfer is avoidable in an action by a creditor under section 17(a)(1) of this chapter, the following rules apply:

(1) Except as otherwise provided in this chapter, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection (c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against:

(A) the first transferee of the asset or the person for whose benefit the transfer was made; or

(B) an immediate or mediate transferee of the first transferee, other than:

(i) a good faith transferee that took for value; or

(ii) an immediate or mediate good faith transferee of a person described in item (i).

(2) Recovery under section 17(a)(1) or 17(a)(2) of this chapter or from the asset transferred or its proceeds, by levy or otherwise, is available only against a person described in subdivision (1).

(c) If the judgment under subsection (b) is based upon the value of the asset transferred, the judgment must be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.

(d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to:

(1) a lien on or a right to retain an interest in the asset transferred;

(2) enforcement of an obligation incurred; or

(3) a reduction in the amount of the liability on the judgment.

(e) A transfer is not voidable under section 14(a)(2) or section 15 of this chapter if the transfer results from:

(1) termination of a lease upon default by the debtor when the termination is permitted by the lease and applicable law; or

(2) enforcement of a security interest in compliance with Article 9 of the Uniform Commercial Code, other than acceptance of collateral in full or partial satisfaction of the obligation it secures.

(f) The following rules determine the burden of proving matters referred to in this section:

(1) A party that seeks to invoke subsection (a), (d), or (e) has the burden of proving the applicability of that subsection.

(2) Except as otherwise provided in subdivisions (3) and (4), the creditor has the burden of proving each applicable element of subsection (b) or (c).

(3) The transferee has the burden of proving the applicability to the transferee of subsection (b)(1)(B)(i) or (b)(1)(B)(ii).

(4) A party that seeks adjustment under subsection (c) has the burden of proving the adjustment.

(g) The standard of proof required to establish matters referred to in this section is by a preponderance of the evidence.

[Pre-2002 Recodification Citation: 32-2-7-18.]

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.16.
Ind. Code § 32-25.5-5-6 — Indiana Code / Title 32 / Article 25.5 / Chapter 5 / Section 32-25.5-5-6
"Party"
Status: in_force

Sec. 6. As used in this chapter, "party" refers to any of the following:

(1) The homeowners association.

(2) A member of the homeowners association.

(3) The board.

As added by P.L.141-2015, SEC.14.
Ind. Code § 32-34-4-3 — Indiana Code / Title 32 / Article 34 / Chapter 4 / Section 32-34-4-3
"Value" defined
Status: in_force

Sec. 3. As used in this chapter, "value" means the amount of money that a reasonable person would estimate a willing buyer would pay for an item of personal property.

[Pre-2002 Recodification Citation: 32-9-9-3.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-30-7-9 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-9
Preliminary injunction; hearing; restraining order; service
Status: in_force

Sec. 9. (a) After filing the complaint, a complainant may apply to the court for a preliminary injunction. The court shall grant a hearing on the complainant’s motion for preliminary injunction not later than ten (10) days after it is filed.

(b) If an application for a preliminary injunction is made, the court may, on application of the complainant showing good cause, issue an ex parte restraining order restraining the defendant and all other persons from removing or in any manner interfering with the personal property and contents of the place where the indecent nuisance is alleged to exist until the decision of the court granting or refusing a preliminary injunction and until further order of the court. However, pending the court's decision, the stock in trade may not be restrained, but an inventory and full accounting of business transactions after the restraining order may be required.

(c) A restraining order issued under subsection (b) may be served by:

(1) handing to and leaving a copy of the order with a person who is:

(A) in charge of the place; or

(B) a resident of the place; or

(2) posting a copy of the order in a conspicuous place at or upon at least one (1) of the principal doors or entrances to the place.

(d) The officer serving a restraining order issued under subsection (b) shall immediately make and return into court an inventory of the personal property and contents situated in and used in conducting or maintaining alleged the indecent nuisance.

(e) Violation of a restraining order served under subsection (c) (or IC 34-1-52.5-4 or IC 34-19-2-4 before their repeal) is a contempt of court.

(f) If a restraining order is posted under subsection (c)(2), mutilation or removal of the order while it is in force is a contempt of court if the order contains a notice stating that mutilating or removing the order while it is in force is a contempt of court.

[Pre-2002 Recodification Citation: 34-19-2-4.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-33-1-1 — Indiana Code / Title 32 / Article 33 / Chapter 1 / Section 32-33-1-1
Shoeing animals or repairing vehicles; lien; precedence
Status: in_force

Sec. 1. (a) A person who, at the request of an owner or an owner's authorized agent:

(1) shoes or causes to be shod by the person's employees a horse, a mule, an ox, or other animal; or

(2) repairs or causes to be repaired by the person's employees, a vehicle;

has a lien upon the animal shod or vehicle repaired for the person's reasonable charge for shoeing the animal or repairing the vehicle.

(b) A lien conferred by this chapter takes the precedence of all other liens or claims upon the animal shod or the vehicle repaired that are not duly recorded before the recording of a claim for the lien conferred by this chapter. However, a lien may not attach to the animal shod or the vehicle repaired if the property has changed ownership before the filing of the lien.

[Pre-2002 Recodification Citation: 32-8-21-1.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-25-2-16 — Indiana Code / Title 32 / Article 25 / Chapter 2 / Section 32-25-2-16
"Majority" or "majority of co-owners"
Status: in_force

Sec. 16. "Majority" or "majority of co-owners" means the co-owners with at least fifty-one percent (51%) of the votes, in accordance with the percentages assigned in the declaration to the condominium units for voting purposes.

[Pre-2002 Recodification Citation: 32-1-6-2(o).]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-30-3.1-11 — Indiana Code / Title 32 / Article 30 / Chapter 3.1 / Section 32-30-3.1-11
Writ for possession of land; required payments
Status: in_force

Sec. 11. If any land is sold by an executor, an administrator, a guardian, a sheriff, or a commissioner of the court and afterwards the land is recovered in the proper action by:

(1) a person who was originally liable;

(2) a person in whose hands the land would be liable to pay the demand or judgment for which or for whose benefit the land was sold; or

(3) anyone making a claim under a person identified under subdivision (1) or (2);

the plaintiff is not entitled to a writ for the possession of the land without having paid the amount due, as determined under section 12 of this chapter (or IC 34-1-49-12 or IC 32-15-3-12 before their repeal) within the time determined by the court.

[Pre-2002 Recodification Citation: 32-15-3-11.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-33-16-0.5 — Indiana Code / Title 32 / Article 33 / Chapter 16 / Section 32-33-16-0.5
Application
Status: in_force

Sec. 0.5. This chapter does not apply to a special tool under IC 32-33-20.

As added by P.L.73-2009, SEC.3.
Ind. Code § 32-31-10-1 — Indiana Code / Title 32 / Article 31 / Chapter 10 / Section 32-31-10-1
Applicability
Status: in_force

Sec. 1. This chapter applies to an eviction action regardless of when the eviction action is originally filed.

As added by P.L.164-2022, SEC.2.
Ind. Code § 32-30-11-1 — Indiana Code / Title 32 / Article 30 / Chapter 11 / Section 32-30-11-1
Lis pendens record; electronic filing of documents
Status: in_force

Sec. 1. (a) Each clerk of the circuit court shall keep a lis pendens record. The lis pendens record is a public record. The clerk of the circuit court may keep the lis pendens record:

(1) in hard copy form; or

(2) in electronic form, if all information in the lis pendens record is available to the public to inspect or copy in the electronic form.

(b) A person may file with the clerk of the circuit court, in accordance with the rules adopted by the Indiana supreme court governing electronic filing, an electronic filing of any document that is required to be filed as part of the lis pendens record under this chapter.

[Pre-2002 Recodification Citation: 34-34-1-1.]

As added by P.L.2-2002, SEC.15. Amended by P.L.78-2014, SEC.4; P.L.72-2018, SEC.14.
Ind. Code § 32-24-3-4 — Indiana Code / Title 32 / Article 24 / Chapter 3 / Section 32-24-3-4
Exceptions to report of appraiser
Status: in_force

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 exceptions are filed, a trial on the exceptions shall be held by the court or before a jury, if asked by either party.

(b) The circuit court clerk shall give notice of filing of the appraisers' report to all known parties to the action and their attorneys of record by certified mail.

(c) Upon the trial of the exceptions, the court may revise, correct, amend, or confirm the appraisement in accordance with the finding of the court or verdict of the jury.

(d) The court shall apportion the costs accruing in the proceedings as justice may require. However, if applicable, a landowner who incurs attorney's fees through the exercise of eminent domain under this chapter is entitled to reasonable attorney's fees in accordance with IC 32-24-1-14.

(e) Changes of venue may be had as in other cases.

[Pre-2002 Recodification Citation: 32-11-2-4.]

As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.15.
Ind. Code § 32-31-1-15 — Indiana Code / Title 32 / Article 31 / Chapter 1 / Section 32-31-1-15
Rents; dependency on life of another; recovery of arrears
Status: in_force

Sec. 15. A person entitled to rents dependent on the life of another person may recover arrears unpaid at the death of the other person.

[Pre-2002 Recodification Citation: 32-7-1-14.]

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-28-15-1 — Indiana Code / Title 32 / Article 28 / Chapter 15 / Section 32-28-15-1
Applicability
Status: in_force

Note: This version of section amended by P.L.105-2026, SEC.12. See also following version of this section amended by P.L.115-2026, SEC.73.

Sec. 1. (a) Except as otherwise provided in this chapter, this chapter does not apply to a residential real estate service agreement entered into before March 15, 2024.

(b) This chapter does not apply to any of the following:

(1) A home warranty or similar product that covers the cost of maintenance of a major home system, such as:

(A) a plumbing system;

(B) a heating, cooling, and ventilation system; or

(C) electrical wiring;

for a fixed period.

(2) An insurance contract.

(3) An option to purchase residential real estate or a right of refusal to purchase residential real estate.

(4) A declaration that is created in the formation of:

(A) an association of co-owners (as defined in IC 32-25-2-2) for a condominium (as defined in IC 32-25-2-7); or

(B) a homeowners association (as defined in IC 32-25.5-2-4);

including any amendment to the declaration.

(5) A maintenance or repair agreement entered into by:

(A) an association of co-owners (as defined in IC 32-25-2-2) for a condominium (as defined in IC 32-25-2-7); or

(B) a homeowners association (as defined in IC 32-25.5-2-4).

(6) A mortgage loan or a commitment to make or receive a mortgage loan.

(7) A security agreement under IC 26-1 concerning the sale or rental of personal property or fixtures.

(8) Providers of:

(A) utility services, including water, sewer, gas, or electric service; or

(B) communications service (as defined in IC 8-1-32.5-3).

(9) A land contract (as defined in IC 24-9-2-9.5).

(10) An attorney's lien authorized by IC 33-43-4.

(11) A statutory lien authorized by this article, including:

(A) the lien of a broker company (as defined in IC 32-28-12.5-0.5) upon commercial real estate under IC 32-28-12.5-5; or

(B) a mechanic's or materialman's lien under IC 32-28-3.

(12) A written agreement executed between an individual who owns residential real property and:

(A) a family member of the individual;

(B) the individual's attorney in fact through a power of attorney;

(C) the individual's health care representative through a health care advanced directive; or

(D) a guardian of the individual's person or estate;

in which the person described in clauses (A) through (D) agrees to pay or provide for the maintenance, repair, costs, or upkeep of the residential real property. An agreement under this subdivision may grant or convey an interest in the residential real property to a person described in clauses (A) through (D) or the interest in the residential real property may be secured by a lien.

As added by P.L.62-2024, SEC.1. Amended by P.L.105-2026, SEC.12.
Ind. Code § 32-28-15-7 — Indiana Code / Title 32 / Article 28 / Chapter 15 / Section 32-28-15-7
Residential real estate service agreements void and unenforceable after March 14, 2024
Status: in_force

Sec. 7. A residential real estate service agreement that is entered into after March 14, 2024, is void and unenforceable.

As added by P.L.62-2024, SEC.1.
Ind. Code § 32-30-10-10 — Indiana Code / Title 32 / Article 30 / Chapter 10 / Section 32-30-10-10
Mutually exclusive actions
Status: in_force

Sec. 10. A plaintiff may not:

(1) proceed to foreclose the mortgagee's mortgage:

(A) while the plaintiff is prosecuting any other action for the same debt or matter that is secured by the mortgage;

(B) while the plaintiff is seeking to obtain execution of any judgment in any other action; or

(C) until the notice under IC 32-30-10.5-8(a) has been sent, if required, in the case of a mortgage transaction described in IC 32-30-10.5-5; or

(2) prosecute any other action for the same matter while the plaintiff is foreclosing the mortgagee's mortgage or prosecuting a judgment of foreclosure.

[Pre-2002 Recodification Citation: 32-15-6-7.]

As added by P.L.2-2002, SEC.15. Amended by P.L.105-2009, SEC.19.
Ind. Code § 32-17-2-4 — Indiana Code / Title 32 / Article 17 / Chapter 2 / Section 32-17-2-4
Contingent remainder
Status: in_force

Sec. 4. A remainder may be limited on a contingency. If the contingency occurs, the contingency abridges or determines the precedent estate.

[Pre-2002 Recodification Citation: 32-1-2-35.]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-25.5-3.7-2 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.7 / Section 32-25.5-3.7-2
Applicability
Status: in_force

Sec. 2. This chapter applies only to a homeowners association's adoption or amendment of governing documents after June 30, 2024.

As added by P.L.159-2024, SEC.1.
Ind. Code § 32-29-7-8 — Indiana Code / Title 32 / Article 29 / Chapter 7 / Section 32-29-7-8
Sheriff's sale; manner of sale
Status: in_force

Sec. 8. In selling real estate under this chapter, the sheriff is not required to first offer the rents and profits of the real estate or separate portions or parcels of the real estate. The sheriff may offer for sale the whole body of the mortgaged real estate together with rents, issues, income, and profits of the real estate unless the court in its judgment and order of sale has otherwise ordered. If any part of the judgment, interest, or costs remains unsatisfied, the sheriff shall immediately levy the residue on the other property of the defendant.

[Pre-2002 Recodification Citation: 32-8-16-4.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-26-2-10 — Indiana Code / Title 32 / Article 26 / Chapter 2 / Section 32-26-2-10
Jury trial
Status: in_force

Sec. 10. Either party in an action filed under section 9 of this chapter may demand a jury.

[Pre-2002 Recodification Citation: 32-10-2-10.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-30-10.5-1 — Indiana Code / Title 32 / Article 30 / Chapter 10.5 / Section 32-30-10.5-1
Legislative findings; purpose
Status: in_force

Sec. 1. (a) The general assembly makes the following findings:

(1) Indiana faces a serious threat to its state economy and to the economies of its political subdivisions because of Indiana's high rate of residential mortgage foreclosures, which constitutes an emergency.

(2) Indiana's high rate of residential mortgage foreclosures has adversely affected property values in Indiana, and may have an even greater adverse effect on property values if the foreclosure rate continues to rise.

(3) It is in the public interest for the state to modify the foreclosure process to encourage mortgage modification alternatives.

(b) The purpose of this chapter is to avoid unnecessary foreclosures of residential properties and thereby provide stability to Indiana's statewide and local economies by:

(1) requiring early contact and communications among creditors, their authorized agents, and debtors in order to engage in negotiations that could avoid foreclosure; and

(2) facilitating the modification of residential mortgages in appropriate circumstances.

As added by P.L.105-2009, SEC.20.
Ind. Code § 32-29-1-6 — Indiana Code / Title 32 / Article 29 / Chapter 1 / Section 32-29-1-6
Payment in full; release and discharge of mortgage
Status: in_force

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. An entry in the record showing that a mortgage has been satisfied operates as a complete release and discharge of the mortgage.

[Pre-2002 Recodification Citation: 32-8-11-5.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-24-5-5 — Indiana Code / Title 32 / Article 24 / Chapter 5 / Section 32-24-5-5
Statutory procedures for condemnation
Status: in_force

Sec. 5. The appropriation and condemnation of:

(1) subsurface strata or formations in land; and

(2) rights in and easements in land and subsurface strata or formations;

authorized by this chapter must be made under IC 32-24-1.

[Pre-2002 Recodification Citation: 32-11-4-5.]

As added by P.L.2-2002, SEC.9. Amended by P.L.291-2019, SEC.16.
Ind. Code § 32-25.5-3.8-2 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.8 / Section 32-25.5-3.8-2
"Automated license plate reader"
Status: in_force

Sec. 2. "Automated license plate reader" means a camera designed to automatically capture an image of a vehicle's license plate and convert the image into computer readable data to permit comparison of the license plate number of the captured image with license plate numbers contained in one (1) or more databases. The term does not include a security camera that may incidentally capture the image of a license plate.

As added by P.L.26-2026, SEC.3.
Ind. Code § 32-17.5-1-5 — Indiana Code / Title 32 / Article 17.5 / Chapter 1 / Section 32-17.5-1-5
Citing article
Status: in_force

Sec. 5. This article may be cited as the "Uniform Disclaimer of Property Interests Act (1999)".

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-34-9-6 — Indiana Code / Title 32 / Article 34 / Chapter 9 / Section 32-34-9-6
Brand adopted by timber dealer
Status: in_force

Sec. 6. A person, firm, or corporation that deals in timber in any form is considered a timber dealer and may adopt a brand in the manner and with the effect described in this chapter.

[Pre-2002 Recodification Citation: 32-9-5-5.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-30-5-9 — Indiana Code / Title 32 / Article 30 / Chapter 5 / Section 32-30-5-9
Time of receiver's appointment
Status: in_force

Sec. 9. Receivers may not be appointed in any case until the adverse party has appeared or has had reasonable notice of the application for the appointment, except upon sufficient cause shown by affidavit.

[Pre-2002 Recodification Citation: 34-48-1-9.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-21-16.5-1 — Indiana Code / Title 32 / Article 21 / Chapter 16.5 / Section 32-21-16.5-1
Applicability
Status: in_force

Sec. 1. This chapter applies only to an agreement entered into or renewed after June 30, 2024.

As added by P.L.47-2024, SEC.3.
Ind. Code § 32-17-14-29 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-29
Creditors of an owner
Status: in_force

Sec. 29. (a) This chapter does not limit the rights of an owner's creditors against beneficiaries and other transferees that may be available under any other applicable Indiana law.

(b) The liability of a beneficiary for creditor claims and statutory allowances is determined under IC 32-17-13.

As added by P.L.143-2009, SEC.41.
Ind. Code § 32-34-8-8 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-8
Unclaimed property and strays reported to court
Status: in_force

Sec. 8. If:

(1) an article described in section 1 of this chapter has an appraised value greater than twelve dollars ($12) and is not claimed and proven within ninety (90) days after the day the article is found; or

(2) a stray animal other than a horse, a mule, or an ass has an appraised value greater than ten dollars ($10) and is not claimed and proven within six (6) months after the animal is found;

the finder shall report that information to a court with jurisdiction where the property was initially found not later than five (5) days after the expiration of the time specified in this section.

[Pre-2002 Recodification Citation: 32-9-3-8.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-31-4-4 — Indiana Code / Title 32 / Article 31 / Chapter 4 / Section 32-31-4-4
Lien on nonexempt property for expenses incurred by warehouseman or storage facility
Status: in_force

Sec. 4. (a) A warehouseman or storage facility that receives property under this chapter holds a lien on all of that property that is not exempt property to the extent of the expenses for any of the following incurred by the warehouseman or storage facility with respect to all of the property, whether exempt or not exempt:

(1) Storage.

(2) Transportation.

(3) Insurance.

(4) Labor.

(5) Present or future charges related to the property.

(6) Expenses necessary for preservation of the property.

(7) Expenses reasonably incurred in the lawful sale of the property.

(b) A tenant may claim the tenant's property at any time until the sale of the property under section 5 of this chapter by paying the warehouseman or storage facility the expenses described in this section.

[Pre-2002 Recodification Citation: 32-7-6-3.]

As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.4.
Ind. Code § 32-21-8-6 — Indiana Code / Title 32 / Article 21 / Chapter 8 / Section 32-21-8-6
State board of accounts to prescribe form
Status: in_force

Sec. 6. The state board of accounts shall prescribe the tax sale surplus fund disclosure form required by this chapter.

[Pre-2002 Recodification Citation: 32-2-8-6.]

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-28-14-7 — Indiana Code / Title 32 / Article 28 / Chapter 14 / Section 32-28-14-7
Liability for unpaid assessment
Status: in_force

Sec. 7. (a) Except as provided in subsection (b), in a voluntary conveyance, the grantee of real estate is jointly and severally liable with the grantor for all unpaid assessments against the grantor for the grantor's share of the common expenses incurred before the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts of common expenses paid by the grantee.

(b) The grantee:

(1) is entitled to a statement from the manager, board of directors, or other governing authority of the homeowners association that sets forth the amount of the unpaid assessments against the grantor; and

(2) is not liable for, and the real estate conveyed is not subject to a homeowners association lien for, any unpaid assessments against the grantor unless the lien for unpaid assessments is recorded under section 6 of this chapter before recording the deed by which the grantee takes title.

(c) If the mortgagee of a first mortgage of record or other purchaser of real estate obtains title to the real estate as a result of foreclosure of the first mortgage, the acquirer of title or the acquirer's successors and assigns are not liable for the share of the common expenses or assessments by the homeowners association chargeable to the real estate that became due before the acquisition of title to real estate by the acquirer. The unpaid share of common expenses or assessments is considered to be common expenses collectible from all of the owners of real estate in the subdivision, including the acquirer or the acquirer's successors and assigns.

As added by P.L.135-2007, SEC.3.
Ind. Code § 32-29-10-4 — Indiana Code / Title 32 / Article 29 / Chapter 10 / Section 32-29-10-4
"Supplemental indenture"
Status: in_force

Sec. 4. As used in this chapter, "supplemental indenture" means an instrument or indenture executed to supplement the original security instrument, defining one (1) or more series of bonds, notes, or debentures secured, or to be secured, by the series mortgage, specifying property subject to the lien of the series mortgage or in another manner supplementing or amending the original security instrument.

[Pre-2002 Recodification Citation: 32-8-19-1(d).]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-28-3-12 — Indiana Code / Title 32 / Article 28 / Chapter 3 / Section 32-28-3-12
Railroads; labor and materials; lien
Status: in_force

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) performs work of any kind;

in the construction or repair of a railroad or part of a railroad in Indiana; or

(2) furnishes material for:

(A) a bridge, trestlework, work of masonry, fence, or other structure; or

(B) use in the construction or repair of a railroad or part of a railroad;

in Indiana.

(b) The work, labor, or material described in subsection (a) may be provided under a contract:

(1) with the railroad corporation building, repairing, or owning the railroad; or

(2) with a person, corporation, or company engaged as:

(A) lessee;

(B) contractor;

(C) subcontractor; or

(D) agent;

of the railroad corporation in the work of constructing or repairing the railroad or part of the railroad in Indiana.

(c) A person to whom this section applies may have a lien to the extent of the work or labor performed, or material furnished, or both, upon:

(1) the right-of-way and franchises of the railroad corporation; and

(2) the works and structures as set forth in this section that may be upon the right-of-way and franchise of the railroad corporation;

within the limits of the county in which the work or labor may be performed or the material may be furnished.

(d) A person performing work or labor or furnishing materials under a contract described in subsection (b)(2) is not required to give notice to the railroad corporation under section 9 of this chapter in order to acquire and hold a lien for labor performed or material furnished under the provisions of this section. The performance of the labor or the furnishing of the materials is sufficient notice to the railroad corporation. A lien that is acquired as set forth in this subsection shall be enforced as other mechanic's liens are enforced in Indiana.

(e) A person who, in doing business with a railroad company, has constructed a building or other improvement on a portion of the railroad right-of-way adjacent to the person's place of business may have a lien to the extent of the fair market value of the improvement on that portion of the right-of-way. The lien may be acquired and enforced:

(1) upon abandonment of the right-of-way by the railroad company; and

(2) against the successors in title of the railroad company.

This subsection does not apply to property that is subject to a written agreement providing for the disposition of improvements upon abandonment. Liens acquired under this subsection shall be enforced as other mechanic's liens are enforced in Indiana.

[Pre-2002 Recodification Citation: 32-8-3-12.]

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-31-3-8 — Indiana Code / Title 32 / Article 31 / Chapter 3 / Section 32-31-3-8
"Rental unit" defined
Status: in_force

Sec. 8. As used in this chapter, "rental unit" means:

(1) a structure, or the part of a structure, that is used as a home, residence, or sleeping unit by:

(A) one (1) individual who maintains a household; or

(B) two (2) or more individuals who maintain a common household; or

(2) any grounds, facilities, or area promised for the use of a residential tenant, including the following:

(A) An apartment unit.

(B) A boarding house.

(C) A rooming house.

(D) A mobile home space.

(E) A single or two (2) family dwelling.

[Pre-2002 Recodification Citation: 32-7-5-8.]

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-29-9-1 — Indiana Code / Title 32 / Article 29 / Chapter 9 / Section 32-29-9-1
Necessary party defendants
Status: in_force

Sec. 1. (a) In a suit brought in a court of Indiana to:

(1) foreclose a mortgage or other lien on real estate located in Indiana; or

(2) sell real estate located in Indiana;

if the plaintiff is required to make a person a party to the suit, the plaintiff may list the person as a defendant by the name in which the person's lien or claim appears on the public records of the county in which the suit is brought.

(b) Service of summons or notice by publication to the person, described in subsection (a) is sufficient to make the court's judgment binding as to the person.

[Pre-2002 Recodification Citation: 32-8-18-1.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-16-1-3 — Indiana Code / Title 32 / Article 16 / Chapter 1 / Section 32-16-1-3
Statutory construction of recodification
Status: in_force

Sec. 3. Subject to section 2 of this chapter, sections 4 through 9 of this chapter shall be applied to the statutory construction of the recodification act of the 2002 regular session of the general assembly.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.
Ind. Code § 32-22-3.5-7 — Indiana Code / Title 32 / Article 22 / Chapter 3.5 / Section 32-22-3.5-7
Prohibition on ownership of real property
Status: in_force

Sec. 7. Except as provided in section 7.5 of this chapter, after June 30, 2026, a prohibited person may not do any of the following:

(1) Acquire by grant, purchase, devise, descent, or otherwise any real property located in Indiana.

(2) Acquire by grant, purchase, devise, descent, or otherwise any mineral right or water or riparian right on any real property located in Indiana.

(3) Enter into a new lease agreement as a lessee for any real property located in Indiana. This subdivision does not apply to a lease agreement to which the following apply:

(A) The real property that is the subject of the lease agreement will be used only for residential purposes.

(B) The lease agreement is for a term of not more than twenty-four (24) months.

(4) Enter into a new lease agreement for any mineral right or riparian right on any real property located in Indiana.

As added by P.L.131-2026, SEC.5.
Ind. Code § 32-34-1.5-46 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-46
Property subject to superior claim
Status: in_force

Sec. 46. (a) If the attorney general knows that property held by the attorney general under this chapter is subject to a superior claim of another state, the attorney general shall:

(1) report and pay or deliver the property to the other state;

(2) return the property to the holder so that the holder may pay or deliver the property to the other state; or

(3) pay or deliver the property to the owner if the owner makes a claim while the property is in the custody of the attorney general.

(b) The attorney general is not required to enter into an agreement to transfer property to the other state under subsection (a).

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-30-10.5-7 — Indiana Code / Title 32 / Article 30 / Chapter 10.5 / Section 32-30-10.5-7
"Mortgage servicer"
Status: in_force

Sec. 7. As used in this chapter, "mortgage servicer" means the last person to whom:

(1) a debtor in a mortgage; or

(2) the debtor's successor in interest;

has been instructed to send payments on the mortgage.

As added by P.L.105-2009, SEC.20.
Ind. Code § 32-28-12.5-15 — Indiana Code / Title 32 / Article 28 / Chapter 12.5 / Section 32-28-12.5-15
Cost of proceedings; apportionment
Status: in_force

Sec. 15. The cost of proceedings brought under this chapter, including reasonable attorney's fees, costs, and prejudgment interest due to the prevailing party, shall be borne by the nonprevailing party. If more than one (1) party is responsible for costs, fees, and prejudgment interest, the costs, fees, and prejudgment interest shall be equitably apportioned by the court or alternative dispute resolution tribunal among the responsible parties.

As added by P.L.78-2006, SEC.1.
Ind. Code § 32-17-8-5 — Indiana Code / Title 32 / Article 17 / Chapter 8 / Section 32-17-8-5
Clauses taking effect upon the later of certain occurrences; portion invalid; construction
Status: in_force

Sec. 5. (a) This section applies to a clause in a governing instrument that:

(1) purports to:

(A) postpone the vesting or termination of any interest or trust until;

(B) disallow the vesting or termination of any interest or trust beyond;

(C) require all interests or trusts to vest or terminate not later than; or

(D) operate in any similar fashion upon;

the occurrence of an event described in subdivision (2); and

(2) takes effect upon the later of the following occurrences:

(A) The expiration of a period that exceeds twenty-one (21) years or that might exceed twenty-one (21) years after the death of the survivor of lives in being at the creation of the trust or other property arrangement.

(B) The death of, or the expiration of a period not exceeding twenty-one (21) years after the death of, the survivor of specified lives in being at the creation of the trust or other property arrangement.

(b) If a clause described in subsection (a) appears in an instrument creating a trust or other property arrangement, then, in measuring a period from the creation of a trust or other property arrangement, the portion of the clause that pertains to the period that exceeds twenty-one (21) years or that might exceed twenty-one (21) years after the death of the survivor of lives in being at the creation of the trust or other property arrangement is not valid. The court shall construe the clause as becoming effective upon:

(1) the death of; or

(2) the expiration of the period not exceeding twenty-one (21) years after the death of;

the survivor of the specified lives in being at the creation of the trust or other property arrangement.

[Pre-2002 Recodification Citation: 32-1-4.5-5.]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-28-12-6 — Indiana Code / Title 32 / Article 28 / Chapter 12 / Section 32-28-12-6
Undertaking of defendant
Status: in_force

Sec. 6. In a proceeding commenced under this chapter, a defendant may file a written undertaking, with surety to be approved by the court, in the exercise of sound discretion, to the effect that the defendant will pay the judgments that may be recovered, and costs. An undertaking under this section releases the defendant's property from the liens created under this chapter.

[Pre-2002 Recodification Citation: 32-8-24-5.]

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-34-1.5-60 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-60
Contract with person to conduct examination
Status: in_force

Sec. 60. (a) As used in this section, "related to the attorney general" means an individual who is:

(1) the attorney general's spouse, partner in a civil union, domestic partner, or reciprocal beneficiary;

(2) the attorney general's child, stepchild, grandchild, parent, stepparent, sibling, stepsibling, half-sibling, aunt, uncle, niece, or nephew;

(3) a spouse, partner in a civil union, domestic partner, or reciprocal beneficiary of an individual under subdivision (2); or

(4) any individual residing in the attorney general's household.

(b) The attorney general may contract with a person to conduct an examination under this chapter. The contract may be awarded only under IC 5-22.

(c) If the person with which the attorney general contracts under subsection (b) is:

(1) an individual, the individual may not be related to the attorney general; or

(2) a business entity, the entity may not be owned in whole or in part by the attorney general or an individual related to the attorney general.

(d) At least sixty (60) days before assigning a person under contract with the attorney general under subsection (b) to conduct an examination, the attorney general shall demand in a record that the person to be examined submit a report and deliver property that is previously unreported.

(e) If the attorney general contracts with a person under subsection (b):

(1) the contract may provide for compensation of the person based on a fixed fee, hourly fee, or contingent fee;

(2) a contingent fee arrangement may not provide for a payment that exceeds ten percent (10%) of the amount or value of property paid or delivered as a result of the examination; and

(3) on request by a person subject to examination by a contractor, the attorney general shall deliver to the person a complete and unredacted copy of the contract and any contract between the contractor and a person employed or engaged by the contractor to conduct the examination.

(f) A contract under subsection (b) is subject to public disclosure without redaction under IC 5-14-3.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-21-1-13 — Indiana Code / Title 32 / Article 21 / Chapter 1 / Section 32-21-1-13
Conveyance of land; written deed required
Status: in_force

Sec. 13. (a) As used in subsection (b), "conveyance" means any electronic record (as defined in IC 26-2-8-102) or any paper or other tangible medium or document that is:

(1) a lease or memorandum of lease for a term exceeding three (3) years;

(2) a deed of:

(A) land; or

(B) any interest in land;

(3) a mortgage; or

(4) a land contract or memorandum of land contract for the sale and purchase of land.

(b) A conveyance must:

(1) be in writing;

(2) be executed or signed by the:

(A) lessor or landlord;

(B) grantor (as defined in IC 32-17-1-1); or

(C) land contract seller; and

(3) have an acknowledgment (as defined in IC 33-42-0.5-2) or a proof (as defined in and permitted under IC 32-21-2).

(c) If a transfer on death deed under IC 32-17-14 has been recorded before the death of the owner (as defined in IC 32-17-14-3) with the recorder of deeds in the county in which the real property is situated, a subsequent conveyance of the real property is void if it is not recorded before the death of the owner with the recorder of deeds in the county in which the real property is situated.

[Pre-2002 Recodification Citation: 32-1-2-4.]

As added by P.L.2-2002, SEC.6. Amended by P.L.231-2019, SEC.46; P.L.185-2021, SEC.34.
Ind. Code § 32-21-13-2 — Indiana Code / Title 32 / Article 21 / Chapter 13 / Section 32-21-13-2
"Rules"
Status: in_force

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 § 32-33-20-7 — Indiana Code / Title 32 / Article 33 / Chapter 20 / Section 32-33-20-7
Notice to customer of end user lien
Status: in_force

Sec. 7. (a) Before enforcing a lien created under section 6 of this chapter, the end user must give written notice to the customer that is:

(1) delivered personally; or

(2) sent by registered mail to the last known address of the customer.

(b) The notice required under subsection (a) must:

(1) state that a lien is claimed for the amount due for:

(A) metal fabrication work; or

(B) making or improving the special tool; and

(2) include a demand for payment.

As added by P.L.73-2009, SEC.4.
Ind. Code § 32-17-4-16 — Indiana Code / Title 32 / Article 17 / Chapter 4 / Section 32-17-4-16
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-4-5-17.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.17.
Ind. Code § 32-28-12.5-13 — Indiana Code / Title 32 / Article 28 / Chapter 12.5 / Section 32-28-12.5-13
Release or satisfaction of memorandum or notice of lien; demand to bring suit or file answer
Status: in_force

Sec. 13. (a) If:

(1) a memorandum of lien or notice of lien has been recorded with the office of the recorder of the appropriate county; and

(2) a condition occurs that would preclude the broker company from receiving fees or commissions under the terms of the written agreement, contract, or other written instrument upon which the lien is based;

the broker company shall provide to the owner of record of the commercial real estate, not later than ten (10) days after written demand by the owner of record, a written release or satisfaction of the memorandum of lien or notice of lien.

(b) Upon written demand:

(1) served by the owner, buyer, or tenant described in section 5 of this chapter, or the authorized agent of the owner, buyer, or tenant described in section 5 of this chapter, on the broker company claiming a lien under this chapter; and

(2) requiring the broker company to:

(A) bring a suit to enforce the lien; or

(B) file an answer in a pending suit;

the broker company shall bring a suit or file an answer not later than thirty (30) days after service of the demand. If the broker company does not bring a suit or file an answer within the time prescribed by this subsection, the lien is extinguished. The service of a written demand under this subsection may be made by registered or certified mail, return receipt requested, or by personal service.

(c) If:

(1) a memorandum of lien or notice of lien under this chapter has been filed with the office of the recorder and the fees or commissions upon which the lien is based have been paid to the broker company claiming the lien; or

(2) the broker company fails to institute a suit to enforce the lien within the time prescribed by this chapter;

the broker company shall, not later than five (5) days after receipt of a written demand from the owner, buyer, or tenant described in section 5 of this chapter for a release or an acknowledgment of satisfaction of the memorandum or lien, acknowledge satisfaction or release of the memorandum or lien in writing.

As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.59; P.L.116-2015, SEC.32.
Ind. Code § 32-23-13-12 — Indiana Code / Title 32 / Article 23 / Chapter 13 / Section 32-23-13-12
Application of lease
Status: in_force

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 had signed and delivered the lease.

(b) The mineral lease is binding on the heirs, legatees, personal representatives, successors, and assigns of the respondents.

(c) A person who may have a contingent or future interest in the mineral interest of an unknown or missing owner is bound by the judgment entered in the proceedings under this chapter.

As added by P.L.28-2015, SEC.1.
Ind. Code § 32-23-7-1 — Indiana Code / Title 32 / Article 23 / Chapter 7 / Section 32-23-7-1
"Oil and gas"
Status: in_force

Sec. 1. (a) As used in this chapter, "oil and gas" means petroleum and mineral oils and gaseous substances of whatever character naturally lying or found beneath the surface of land.

(b) The term does not include coal bed methane.

[Pre-2002 Recodification Citation: 32-5-7-1(a).]

As added by P.L.2-2002, SEC.8. Amended by P.L.140-2011, SEC.22.
Ind. Code § 32-21-15-4 — Indiana Code / Title 32 / Article 21 / Chapter 15 / Section 32-21-15-4
Immunity
Status: in_force

Sec. 4. A person who in good faith:

(1) prepares or causes to be prepared; or

(2) records or causes to be recorded;

a statement or notice under section 2 of this chapter is immune from liability for incorrectly stating that the restrictive covenant is discriminatory.

As added by P.L.20-2021, SEC.1.
Ind. Code § 32-32-3-13 — Indiana Code / Title 32 / Article 32 / Chapter 3 / Section 32-32-3-13
Investigation and prosecution of complaints
Status: in_force

Sec. 13. (a) The division may receive, investigate, and prosecute complaints concerning persons subject to this chapter.

(b) The director may subpoena witnesses and send for and compel the production of books, records, papers, and documents of time share or camping club developers who are subject to registration under this chapter for the furtherance of any investigation under this chapter. The circuit or superior court located in the county where the subpoena is to be issued shall enforce any subpoena by the attorney general. In addition, the attorney general may issue a civil investigative demand as provided by IC 4-6-3.

[Pre-2002 Recodification Citation: 24-5-9-34.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-32-3-3 — Indiana Code / Title 32 / Article 32 / Chapter 3 / Section 32-32-3-3
Registration fee
Status: in_force

Sec. 3. (a) A time share or camping site developer who applies for registration under section 1 of this chapter shall pay a one (1) time registration fee of two hundred fifty dollars ($250).

(b) Each July 1 after a developer applies for registration under section 1 of this chapter, the developer shall file an update to the registration. The developer shall pay an additional fifty dollars ($50) for each yearly refiling under this subsection.

(c) The fees collected under this section shall be used, in addition to funds appropriated by the general assembly, for the administration and enforcement of this chapter.

[Pre-2002 Recodification Citation: 24-5-9-24.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-18-2-14 — Indiana Code / Title 32 / Article 18 / Chapter 2 / Section 32-18-2-14
Transfers voidable as to present and future creditors; debtor's actual intent; transfer made without receipt of equivalent value in exchange; factors in determining actual intent; creditor's burden of proof
Status: in_force

Sec. 14. (a) A transfer made or an obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation:

(1) with actual intent to hinder, delay, or defraud any creditor of the debtor; or

(2) without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor:

(A) was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction; or

(B) intended to incur or believed or reasonably should have believed that the debtor would incur debts beyond the debtor's ability to pay as the debts became due.

(b) In determining actual intent under subsection (a)(1), consideration may be given, among other factors, to whether:

(1) the debtor retained possession or control of the property transferred after the transfer;

(2) the transfer or obligation was disclosed or concealed;

(3) before the transfer was made or the obligation was incurred, the debtor had been sued or threatened with suit;

(4) the transfer was of substantially all the debtor's assets;

(5) the debtor absconded;

(6) the debtor removed or concealed assets;

(7) the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred;

(8) the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred; and

(9) the transfer occurred shortly before or shortly after a substantial debt was incurred.

(c) A creditor making a claim for relief under this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

[Pre-2002 Recodification Citation: 32-2-7-14.]

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.13.
Ind. Code § 32-25.5-3.9-5 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.9 / Section 32-25.5-3.9-5
Homeowners association may not prohibit or restrict person from providing child care
Status: in_force

Sec. 5. A homeowners association may not:

(1) prohibit or restrict; or

(2) adopt or enforce a regulation, rule, or other policy that has the effect of prohibiting or restricting;

a person from providing child care in a single family residence that the person resides within and owns, rents, or leases. The person holding a license of a Class I child care home must also reside within the single family residence.

As added by P.L.53-2026, SEC.7.
Ind. Code § 32-27-3-12 — Indiana Code / Title 32 / Article 27 / Chapter 3 / Section 32-27-3-12
Notice of right to offer to cure; action not barred
Status: in_force

Sec. 12. (a) Upon entering into a contract for sale, construction, or substantial remodeling of a residence, a construction professional must provide notice to each home owner of the construction professional's right to offer to cure construction defects before a home owner may commence litigation against the construction professional. The notice must be conspicuous and may be included as part of the underlying contract signed by the home owner.

(b) The notice required by this section must be in substantially the following form:

"IC 32-27-3 CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR OR BUILDER OF YOUR HOME. SIXTY (60) DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR OR BUILDER A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR OR BUILDER THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE BUILDER OR CONTRACTOR. HOWEVER, IF YOU UNREASONABLY REJECT A REASONABLE WRITTEN OFFER AND COMMENCE AN ACTION AGAINST THE BUILDER OR CONTRACTOR, A COURT MAY AWARD ATTORNEY'S FEES AND COSTS TO THE BUILDER OR CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.".

(c) This chapter does not preclude or bar any action if notice is not given to the home owner as required by this section.

As added by P.L.134-2003, SEC.1.
Ind. Code § 32-21-3-3 — Indiana Code / Title 32 / Article 21 / Chapter 3 / Section 32-21-3-3
Conveyances requiring recording
Status: in_force

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 devisees; and

(3) persons having notice of the conveyance or lease;

unless the conveyance or lease is made by a deed recorded within the time and in the manner provided in this chapter.

[Pre-2002 Recodification Citation: 32-1-2-11.]

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-17-4-22 — Indiana Code / Title 32 / Article 17 / Chapter 4 / Section 32-17-4-22
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-4-5-23.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.23.
Ind. Code § 32-24-2-3 — Indiana Code / Title 32 / Article 24 / Chapter 2 / Section 32-24-2-3
"Property" defined
Status: in_force

Sec. 3. As used in this chapter, "property" refers to real property or personal property.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.9.
Ind. Code § 32-38-2-4 — Indiana Code / Title 32 / Article 38 / Chapter 2 / Section 32-38-2-4
"Named insured owner"
Status: in_force

Sec. 4. "Named insured owner" means the person identified in a policy or commitment as the insured owner or the proposed insured owner of an interest in real property that is insured or proposed to be insured under the policy or commitment.

As added by P.L.95-2007, SEC.19.
Ind. Code § 32-25-7-5 — Indiana Code / Title 32 / Article 25 / Chapter 7 / Section 32-25-7-5
Designation; conveyance
Status: in_force

Sec. 5. (a) Each condominium unit in a building shall be designated, on the set of floor plans referred to in section 4 of this chapter, by letter, number, or other appropriate designation.

(b) Any instrument recognized by the state for the conveyance or transfer of interests in title, which describes the apartment by using the designation referred to in subsection (a) followed by the words "in (name) Condominium as recorded in Book _______, p. __, under the date of ________, _____, of the records of __________ County, Indiana", is considered to contain a good and sufficient description for all purposes.

(c) Any conveyance or transfer of interest in title of a condominium unit is considered also to convey the undivided interests of the owner in the common areas and facilities, both general and limited, appertaining to the condominium unit without specifically or particularly referring to the undivided interests. The:

(1) contents;

(2) form;

(3) method of preparation;

(4) recording of an instrument of conveyance; and

(5) interpretation of an instrument of conveyance;

are governed by the law of Indiana relating to real property.

(d) Each instrument or deed of conveyance also shall include the following:

(1) A statement of the use for which the condominium unit is intended.

(2) A statement of the restrictions on the use of the condominium unit.

(3) The percentage of undivided interest appertaining to the condominium unit in the common areas and facilities.

(4) The amount of any unpaid current or delinquent assessments of common expenses.

(5) Any other details and restrictions that:

(A) the grantor and grantee consider desirable; and

(B) are consistent with the declaration.

(e) Failure to make a statement in the deed as required by subsection (d)(4) does not:

(1) invalidate the title conveyed by the deed; or

(2) absolve a grantee under the deed from liability for any unpaid current or delinquent assessments of common expenses against a condominium unit on the date of its conveyance.

(f) Upon the request of a:

(1) condominium unit owner;

(2) prospective grantee;

(3) title insurance company; or

(4) mortgagee;

the secretary or other authorized officer of the association of co-owners shall provide, within five (5) days of the request, a statement of the amount of current and delinquent assessments of common expenses against a particular condominium unit.

[Pre-2002 Recodification Citation: 32-1-6-14.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-33-10.5-2 — Indiana Code / Title 32 / Article 33 / Chapter 10.5 / Section 32-33-10.5-2
"Aircraft"
Status: in_force

Sec. 2. As used in this chapter, "aircraft" means any contrivance used or designed for navigation of or flight in the air. The term does not include unmanned aircraft or ultralight aircraft.

As added by P.L.172-2019, SEC.2.
Ind. Code § 32-21-5.2-5 — Indiana Code / Title 32 / Article 21 / Chapter 5.2 / Section 32-21-5.2-5
"Residential onsite sewage system"
Status: in_force

Sec. 5. (a) As used in this chapter, "residential onsite sewage system" means all equipment and devices necessary for proper conduction, collection, storage, treatment, and onsite disposal of sewage from:

(1) a one (1) or two (2) family dwelling;

(2) a residential outbuilding; or

(3) two (2) single family dwellings located on the same property with a combined design daily flow of less than or equal to seven hundred fifty (750) gallons per day.

(b) The term includes residential sewers, septic tanks, soil absorption systems, temporary sewage holding tanks, and sanitary vault privies.

(c) The term does not include a nonresidential onsite sewage system, as defined in IC 16-18-2-253.2.

As added by P.L.157-2024, SEC.5.
Ind. Code § 32-27-2-1 — Indiana Code / Title 32 / Article 27 / Chapter 2 / Section 32-27-2-1
Effective date of warranties
Status: in_force

Sec. 1. The warranties defined by this chapter (or IC 34-4-20.5 or IC 32-15-7 before their repeal) become effective on the warranty date attributed to a new home or model home.

[Pre-2002 Recodification Citation: 32-15-7-1.]

As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.2.
Ind. Code § 32-33-16-3 — Indiana Code / Title 32 / Article 33 / Chapter 16 / Section 32-33-16-3
Lien; right to possession
Status: in_force

Sec. 3. (a) A fabricator has a lien, dependent on possession, on any die, mold, form, jig, or pattern in the fabricator's possession belonging to the customer for the amount due the fabricator from the customer for fabrication work performed with the die, mold, form, jig, or pattern.

(b) A fabricator may retain possession of the die, mold, form, jig, or pattern until the amount due is paid.

[Pre-2002 Recodification Citation: 32-8-37-2.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-30-2-1 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-1
Action to recover real property from tenant; other persons
Status: in_force

Sec. 1. A person having a valid subsisting interest in real property and a right to the possession of the real property may recover the real property and take possession by an action brought against the tenant in possession or, if there is not a tenant, against the person claiming the title or interest in the real property.

[Pre-2002 Recodification Citation: 32-15-2-1.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-29-11-1 — Indiana Code / Title 32 / Article 29 / Chapter 11 / Section 32-29-11-1
Duty to release and record the satisfaction of discharged obligation
Status: in_force

Sec. 1. Unless otherwise provided in this article, if the debt or obligation, and the interest on the debt or obligation, that a mortgage secures has been fully paid, lawfully tendered, and discharged, the owner, holder, or custodian of the mortgage shall:

(1) release;

(2) discharge; and

(3) satisfy of record;

the mortgage as provided in IC 32-28-1.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-23-4-3 — Indiana Code / Title 32 / Article 23 / Chapter 4 / Section 32-23-4-3
"Solar energy device" defined
Status: in_force

Sec. 3. As used in this chapter, "solar energy device" means an artifice, an instrument, or the equipment designed to receive the direct rays of the sun and convert the rays into heat, electricity, or another form of energy to provide heating, cooling, or electrical power.

[Pre-2002 Recodification Citation: 32-5-2.5-1 part.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-27-3-14 — Indiana Code / Title 32 / Article 27 / Chapter 3 / Section 32-27-3-14
Tolling of statute of limitations
Status: in_force

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 claims is tolled with respect to the alleged construction defect described in the notice of claim from the day on which the notice of claim is served until sixty (60) days after the period of time during which the filing of an action is barred under this chapter.

As added by P.L.134-2003, SEC.1.
Ind. Code § 32-37-3-2 — Indiana Code / Title 32 / Article 37 / Chapter 3 / Section 32-37-3-2
Requirements for contract
Status: in_force

Sec. 2. A contract executed, issued, or renewed in Indiana between a performing rights society and a proprietor must be in a writing signed by the parties and must include the following information:

(1) The name and business address of the proprietor.

(2) The name and address of the performing rights society.

(3) The name and location of each place of business to which the contract applies.

(4) The duration of the contract.

(5) The schedule of rates and terms of the royalties to be collected under the contract, including, if applicable, the sliding scale or schedule or the increase or decrease of the rates during the term of the contract.

[Pre-2002 Recodification Citation: 32-14-3-2.]

As added by P.L.2-2002, SEC.22.
Ind. Code § 32-17.5-3-5 — Indiana Code / Title 32 / Article 17.5 / Chapter 3 / Section 32-17.5-3-5
When irrevocable
Status: in_force

Sec. 5. A disclaimer becomes irrevocable upon the occurrence of the later of the following to occur:

(1) The disclaimer is delivered or filed as set forth in IC 32-17.5-7.

(2) The disclaimer becomes effective as set forth in IC 32-17.5-4 through IC 32-17.5-6.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-21-6-3 — Indiana Code / Title 32 / Article 21 / Chapter 6 / Section 32-21-6-3
"Psychologically affected property"
Status: in_force

Sec. 3. As used in this chapter, "psychologically affected property" includes real estate or a dwelling that is for sale, rent, or lease and to which one (1) or more of the following facts or a reasonable suspicion of facts apply:

(1) That an individual died on the property.

(2) That the property was the site of:

(A) a felony under IC 35;

(B) criminal organization (as defined in IC 35-45-9-1) activity;

(C) the discharge of a firearm involving a law enforcement officer while engaged in the officer's official duties; or

(D) the illegal manufacture or distribution of a controlled substance.

[Pre-2002 Recodification Citation: 24-4.6-2.1-2.]

As added by P.L.2-2002, SEC.6. Amended by P.L.25-2016, SEC.13; P.L.209-2018, SEC.14.
Ind. Code § 32-39-1-9 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-9
"Designated recipient"
Status: in_force

Sec. 9. As used in this article, "designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-30-3-16 — Indiana Code / Title 32 / Article 30 / Chapter 3 / Section 32-30-3-16
Action to quiet title; service
Status: in_force

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 individual name;

(2) the name by which the defendant appears of record;

(3) the name by which the defendant is commonly known; or

(4) the defendant's surname if the defendant's first name is unknown;

is sufficient, legal, and binding on and against all persons claiming from, through, or under the defendant.

(c) If a plaintiff serves a defendant by the defendant's surname only, the plaintiff or the plaintiff's attorney shall file an affidavit stating that the plaintiff does not know and has not, after diligent inquiry, been able to ascertain the first name of the defendant.

[Pre-2002 Recodification Citation: 32-6-5-1.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-17.5-1-1 — Indiana Code / Title 32 / Article 17.5 / Chapter 1 / Section 32-17.5-1-1
Applicability
Status: in_force

Sec. 1. This article applies to a disclaimer of an interest in or power over property created after June 30, 2003.

As added by P.L.5-2003, SEC.1. Amended by P.L.6-2010, SEC.36.
Ind. Code § 32-30-7-23 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-23
Violation of court orders
Status: in_force

Sec. 23. In case of:

(1) the violation of any injunction or closing order granted under this chapter;

(2) the violation of a restraining order issued under this chapter; or

(3) the commission of any contempt of court in proceedings under this chapter;

the court may summarily try and punish the offender. The trial may be upon affidavits or either party may demand the production and oral examination of the witnesses.

[Pre-2002 Recodification Citation: 34-19-2-18.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-28-12-2 — Indiana Code / Title 32 / Article 28 / Chapter 12 / Section 32-28-12-2
Recording lien; priority
Status: in_force

Sec. 2. (a) This section does not apply to a lien acquired by any person for purchase money.

(b) Any employee wishing to acquire a lien under section 1 of this chapter upon the corporate property of any corporation or the corporation's earnings, whether the employee's claim is due or not, must file, in the recorder's office of the county where the corporation is located or doing business, notice of the employee's intention to hold a lien upon the corporation's property and earnings. The notice must state the following:

(1) The amount of the employee's claim.

(2) The date of the employee's employment.

(3) The name of the corporation.

When a notice required by this section is presented for record, the county recorder shall record the notice in the record required by law for notice of mechanic's liens. The recorder shall charge a fee for recording the notice in an amount specified in IC 36-2-7-10(c)(1). The lien created shall relate to the time when the employee was employed by the corporation or to any subsequent date during the employee's employment, at the election of the employee. The lien has priority over all liens suffered or created after the time elected by the employee, except other employees' liens, over which the lien has no priority.

(c) If:

(1) a person other than an employee acquires a lien upon the corporate property of any corporation located or doing business in Indiana;

(2) the lien, for a period of sixty (60) days, either:

(A) remains a matter of record in the proper place specified in IC 26-1-9.1-501; or

(B) remains otherwise perfected under applicable law; and

(3) no notice of an employee's intention to hold a lien is filed by any employee of the corporation during that period;

the lien described in subdivision (1) has priority over the lien of an employee in the county where the corporation is located or doing business.

[Pre-2002 Recodification Citation: 32-8-24-2.]

As added by P.L.2-2002, SEC.13. Amended by P.L.127-2017, SEC.10.
Ind. Code § 32-25-8-2.5 — Indiana Code / Title 32 / Article 25 / Chapter 8 / Section 32-25-8-2.5
Board of directors meetings; co-owners entitled to attend; permissible private meetings; availability of meeting minutes
Status: in_force

Sec. 2.5. (a) A co-owner of the condominium is entitled to attend any meeting of the board of directors of the condominium, including the annual meeting. However, the board of directors may meet in private to discuss delinquent assessments. The board of directors may also meet in private with legal counsel to discuss the initiation of litigation, or to discuss litigation that either is pending or has been threatened specifically in writing. As used in this subsection, "litigation" includes any judicial action or administrative law proceeding under state or federal law.

(b) The minutes of meetings of the board of directors of a condominium, including the annual meeting, must be made available to a co-owner of the condominium for inspection upon request. The requesting co-owner may make a request to inspect the minutes:

(1) in person;

(2) in writing; or

(3) by electronic mail.

The association of co-owners may charge the requesting co-owner a reasonable copying fee if the co-owner requests a written copy of the minutes.

As added by P.L.141-2015, SEC.4. Amended by P.L.164-2016, SEC.2.
Ind. Code § 32-31-2.9-3 — Indiana Code / Title 32 / Article 31 / Chapter 2.9 / Section 32-31-2.9-3
Applicability of residential landlord-tenant statutes
Status: in_force

Sec. 3. The residential landlord-tenant statutes apply to rental agreements for dwelling units located in Indiana.

As added by P.L.29-2003, SEC.1.
Ind. Code § 32-18-2-6 — Indiana Code / Title 32 / Article 18 / Chapter 2 / Section 32-18-2-6
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-2-7-6.]

As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.5.
Ind. Code § 32-30-6-3 — Indiana Code / Title 32 / Article 30 / Chapter 6 / Section 32-30-6-3
"Locality" defined
Status: in_force

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 following:

(A) The specific area of land upon which a public use airport operation is conducted.

(B) The airport imaginary surfaces as described in IC 8-21-10-8.

(3) For purposes of section 11 of this chapter, the specific area of land upon which a forestry operation is conducted.

[Pre-2002 Recodification Citation: 34-6-2-74.]

As added by P.L.2-2002, SEC.15. Amended by P.L.82-2005, SEC.3.
Ind. Code § 32-23-12-7 — Indiana Code / Title 32 / Article 23 / Chapter 12 / Section 32-23-12-7
Appointment of trustee
Status: in_force

Sec. 7. Proceedings for the appointment of a trustee may be instituted by any person who is:

(1) a coal owner of the coal sought to be developed; or

(2) vested with a valid and subsisting coal lease, if the lessor is a person described in subdivision (1).

As added by P.L.94-2009, SEC.1.
Ind. Code § 32-25-2-7 — Indiana Code / Title 32 / Article 25 / Chapter 2 / Section 32-25-2-7
"Condominium"
Status: in_force

Sec. 7. "Condominium" means real estate:

(1) lawfully subjected to this article by the recordation of condominium instruments; and

(2) with respect to which the undivided interests in the common areas and facilities are vested in the condominium unit owners.

[Pre-2002 Recodification Citation: 32-1-6-2(a).]

As added by P.L.2-2002, SEC.10. Amended by P.L.2-2005, SEC.85.
Ind. Code § 32-28-13-5 — Indiana Code / Title 32 / Article 28 / Chapter 13 / Section 32-28-13-5
Statement of intention to hold common law lien
Status: in_force

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 real or personal property. The statement must be recorded not later than sixty (60) days after the date of the last service provided by the person who wishes to record the lien.

(b) A statement of intention to hold a common law lien must meet all of the following requirements:

(1) Except as provided in subsection (d), the person filing the statement must swear or affirm that the facts contained in the statement are true to the best of the person's knowledge.

(2) The statement must be filed in duplicate.

(3) The statement must set forth all of the following:

(A) That if the property owner is a public official or public employee who has filed a written notice in accordance with section 6.5 of this chapter, the common law lien is void thirty (30) days after filing the written notice if the suit has not been commenced.

(B) The amount claimed to be owed by the property owner to the lienholder.

(C) The name and address of the lienholder.

(D) The name of the property owner.

(E) The last address of the property owner as shown on the property tax records of the county.

(F) The legal description and street and number, if any, of the real property against which the common law lien is filed.

(G) A full description of the personal property against which the common law lien is filed, including the location of the personal property.

(H) The legal basis upon which the person asserts the right to hold the common law lien.

(c) The recorder shall send by first class mail one (1) of the duplicate statements filed under subsection (b) to the property owner at the address listed in the statement within three (3) business days after the statement is recorded. The county recorder shall record the date the statement is mailed to the property owner under this subsection. The county recorder shall collect a fee of two dollars ($2) from the lienholder for each statement that is mailed under this subsection.

(d) The statement of intention to hold a common law lien required under subsection (b) may be verified and filed on behalf of a client by an attorney registered with the clerk of the supreme court as an attorney in good standing under the requirements of the supreme court.

[Pre-2002 Recodification Citation: 32-8-39-3.]

As added by P.L.2-2002, SEC.13. Amended by P.L.73-2009, SEC.2; P.L.191-2015, SEC.7.
Ind. Code § 32-29-7-13 — Indiana Code / Title 32 / Article 29 / Chapter 7 / Section 32-29-7-13
Other means of redemption excluded
Status: in_force

Sec. 13. There may not be a redemption from the foreclosure of a mortgage executed after June 30, 1931, on real estate except as provided in this chapter and in IC 32-29-8.

[Pre-2002 Recodification Citation: 32-8-16-9.]

As added by P.L.2-2002, SEC.14. Amended by P.L.130-2012, SEC.4.
Ind. Code § 32-17-5-4 — Indiana Code / Title 32 / Article 17 / Chapter 5 / Section 32-17-5-4
Effect of decree
Status: in_force

Sec. 4. If all persons in being are parties who would be entitled to the property sold or leased or the income of the personal property if the contingency had happened at the date of the commencement of the proceedings, a decree under section 2 of this chapter is binding on any person that claims an interest in the real estate or personal property:

(1) under any party to the decree;

(2) under any person from whom a party to the decree claims; or

(3) from, under, or by the original:

(A) deed;

(B) will; or

(C) instrument;

by which the particular, limited, or conditional estate with remainders or executory devisees was created.

[Pre-2002 Recodification Citation: 32-4-8-1 part.]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-31-2-2 — Indiana Code / Title 32 / Article 31 / Chapter 2 / Section 32-31-2-2
Failure to record lease; effect
Status: in_force

Sec. 2. (a) This section does not apply to any lease that is entered into by the Indiana department of transportation under IC 8-23-2.

(b) If a lease for a period longer than three (3) years is not recorded within forty-five (45) days after its execution, the lease is void against any subsequent purchaser, lessee, or mortgagee who acquires the real estate in good faith and for valuable consideration.

[Pre-2002 Recodification Citation: 32-7-2-1 part.]

As added by P.L.2-2002, SEC.16. Amended by P.L.14-2019, SEC.6.
Ind. Code § 32-27-1-1 — Indiana Code / Title 32 / Article 27 / Chapter 1 / Section 32-27-1-1
Application of chapter
Status: in_force

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.12.
Ind. Code § 32-16-1-4 — Indiana Code / Title 32 / Article 16 / Chapter 1 / Section 32-16-1-4
Effect of recodification
Status: in_force

Sec. 4. (a) The recodification act of the 2002 regular session of the general assembly does not affect:

(1) any rights or liabilities accrued;

(2) any penalties incurred;

(3) any violations committed;

(4) any proceedings begun;

(5) any bonds, notes, loans, or other forms of indebtedness issued, incurred, or made;

(6) any tax levies made or authorized;

(7) any funds established;

(8) any patents issued;

(9) the validity, continuation, or termination of any contracts, easements, or leases executed;

(10) the validity, continuation, scope, termination, suspension, or revocation of:

(A) permits;

(B) licenses;

(C) certificates of registration;

(D) grants of authority; or

(E) limitations of authority; or

(11) the validity of court decisions entered regarding the constitutionality of any provision of the prior property law;

before the effective date of the recodification act of the 2002 regular session of the general assembly (July 1, 2002). Those rights, liabilities, penalties, offenses, proceedings, bonds, notes, loans, other forms of indebtedness, tax levies, funds, patents, contracts, leases, permits, licenses, certificates of registration, grants of authority, or limitations of authority continue and shall be imposed and enforced under prior property law as if the recodification act of the 2002 regular session of the general assembly had not been enacted.

(b) The recodification act of the 2002 regular session of the general assembly does not:

(1) extend, or cause to expire, a permit, license, certificate of registration, or other grant or limitation of authority; or

(2) in any way affect the validity, scope, or status of a license, permit, certificate of registration, or other grant or limitation of authority;

issued under the prior property law.

(c) The recodification act of the 2002 regular session of the general assembly does not affect the revocation, limitation, or suspension of a permit, license, certificate of registration, or other grant or limitation of authority based in whole or in part on violations of the prior property law or the rules adopted under the prior property law.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.
Ind. Code § 32-17-5-1 — Indiana Code / Title 32 / Article 17 / Chapter 5 / Section 32-17-5-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to a person that is entitled to:

(1) an estate in real estate for life or years;

(2) an estate tail;

(3) a fee simple;

(4) a conditional, base, or qualified fee;

(5) a particular, limited, or conditional estate in real estate; or

(6) an interest in personal property;

and any other person is entitled to a vested or contingent remainder, an executory devise, or any other vested or contingent interest in the same real estate or personal property.

[Pre-2002 Recodification Citation: 32-4-8-1 part.]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-30-3-4 — Indiana Code / Title 32 / Article 30 / Chapter 3 / Section 32-30-3-4
Order for possession; expedited hearing; temporary restraining orders instead of order for possession
Status: in_force

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 shorten the time for the hearing and direct that the matter be heard on at least forty-eight (48) hours notice to the plaintiff. An order of possession issued under section 3 of this chapter must direct the sheriff or other executing officer to hold the property until further order of the court.

(b) If a court does not issue an order of possession under section 3 of this chapter, the court may, in addition to issuing an order to show cause, issue temporary restraining orders against the defendant as needed to preserve the rights of the parties with respect to the property and the status of the property. The court shall issue the temporary restraining orders in accordance with the rules of the supreme court governing the issuance of injunctions.

[Pre-2002 Recodification Citation: 32-6-1.5-4.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-37-1-1 — Indiana Code / Title 32 / Article 37 / Chapter 1 / Section 32-37-1-1
Exceptions
Status: in_force

Sec. 1. This article does not apply to the following:

(1) A contract between a performing rights society and:

(A) a broadcaster licensed by the Federal Communications Commission;

(B) a cable television operator or programmer; or

(C) another transmission service.

(2) An investigation by a law enforcement agency.

(3) An investigation by a law enforcement agency or other person concerning a suspected violation of IC 24-4-10-4, IC 35-43-4-2, or IC 35-43-5-4 relating to a recording that does not conspicuously display the true name and manufacturer of the recording.

[Pre-2002 Recodification Citation: 32-14-1-1.]

As added by P.L.2-2002, SEC.22. Amended by P.L.181-2005, SEC.2; P.L.174-2021, SEC.26.
Ind. Code § 32-33-2-3 — Indiana Code / Title 32 / Article 33 / Chapter 2 / Section 32-33-2-3
Preference of liens
Status: in_force

Sec. 3. A lien provided for in section 2 of this chapter takes preference of any claims against the boat itself or all or any of its owners, masters, or consignees growing out of any other cause than those set forth in section 1 of this chapter and, as between themselves, mariners' and boatmens' wages shall be first preferred.

[Pre-2002 Recodification Citation: 32-8-22-3.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-39-1-6 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-6
"Content of an electronic communication"
Status: in_force

Sec. 6. As used in this article, "content of an electronic communication" means information concerning the substance or meaning of the communication that:

(1) has been sent or received by a user;

(2) is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and

(3) is not readily accessible to the public.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-31-6-1 — Indiana Code / Title 32 / Article 31 / Chapter 6 / Section 32-31-6-1
Applicability of definitions
Status: in_force

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.
Ind. Code § 32-29-8-4 — Indiana Code / Title 32 / Article 29 / Chapter 8 / Section 32-29-8-4
Interested persons and omitted parties; right of action to determine extent of and terminate omitted party's interest; right to redeem
Status: in_force

Sec. 4. (a) As used in this section, "interested person", with respect to an action to foreclose a mortgage on an interest in real property in Indiana, means:

(1) the holder of the evidence of debt secured by the mortgage being foreclosed;

(2) a person:

(A) who purchases the property at a judicial sale after a judgment and decree of sale is entered in the action; and

(B) to whom a deed is executed and delivered by the sheriff under IC 32-29-7-10; or

(3) any person claiming by, through, or under a person described in subdivision (1) or (2).

(b) As used in this section, "omitted party", with respect to an action to foreclose a mortgage on an interest in real property in Indiana, means a person who:

(1) before the commencement of the action has acquired in the property an interest that:

(A) is junior or subordinate to the mortgage being foreclosed; and

(B) would otherwise be extinguished by the foreclosure; and

(2) is either:

(A) not named as a party defendant in the action or, if named as a party defendant, is not served with process; or

(B) not served with a notice of sale under IC 32-29-7-3(e) after a judgment and decree of sale is entered in the action.

The term includes any person claiming by, through, or under a person described in this subsection.

(c) At any time after a judgment and decree of sale is entered in an action to foreclose a mortgage on an interest in real property in Indiana, an interested person or an omitted party may bring a civil action to:

(1) determine the extent of; and

(2) terminate;

the interest of an omitted party in the property subject to the sale.

(d) Except as provided in subsection (e) and subject to subsections (f) and (g), upon the filing of an action described in subsection (c), the court shall determine the extent of the omitted party's interest in the property and issue a decree terminating that interest, subject to the right of the omitted party to redeem the property on terms as the court considers equitable under the circumstances after considering the factors set forth in subsection (f), if the omitted party would have had redemption rights:

(1) before the sale under IC 32-29-7-7; or

(2) after the sale, as described in IC 34-55-4-8(a)(2).

(e) If the omitted party proves that the omitted party has a right to receive proceeds actually paid at the judicial sale, the omitted party's interest in the property is not subject to termination by an action brought under this section unless the proceeds that the omitted party would have received at the judicial sale are paid to the omitted party.

(f) In an action brought under this section, if the court determines that the omitted party is entitled to redemption under subsection (d), the court shall consider the following in deciding the terms of the redemption:

(1) Whether the omitted party:

(A) was given or had actual notice or knowledge of the foreclosure; and

(B) had opportunity to intervene in the foreclosure action or otherwise exercise any right to redeem the property.

(2) Whether any interested person in good faith has made valuable improvements to the property and, if so, the value of all lasting improvements made to the property before the commencement of the action under this section.

(3) The amount of any taxes and assessments, along with any related interest payments, related to the property and paid by an interested person or by any person under whose title to the property an interested person claims.

(g) If the court determines that the omitted party is entitled to redemption under subsection (d), and after considering the factors set forth in subsection (f), the court shall grant redemption rights to the omitted party that the court considers equitable under the circumstances, subject to the following:

(1) The amount to be paid for redemption may not be less than the sale price resulting from the foreclosure of the interested person's senior lien, plus interest at the statutory judgment rate.

(2) The time allowed for payment of the redemption amount may not exceed ninety (90) days after the date of the court's decree under subsection (d).

(h) The senior lien upon which the foreclosure action was based is not extinguished by merger with the title to the property conveyed to a purchaser through a sheriff's deed executed and delivered under IC 32-29-7-10 until the interest of any omitted party has been terminated:

(1) through an action brought under this section; or

(2) by operation of law.

Until an omitted party's interest is terminated as described in this subsection, any owner of the property as a holder of a sheriff's deed executed and delivered under IC 32-29-7-10, or any person claiming by, through, or under such an owner, is the equitable owner of the senior lien upon which the foreclosure action was based and has all rights against an omitted party as existed before the judicial sale.

(i) An interested person may not terminate an omitted party's interest in real property that is the subject of a foreclosure action except through an action brought under this section. An interested person's rights under this section may not be denied because the interested person:

(1) had actual or constructive notice of the omitted party's interest in the property;

(2) was negligent in examining county records;

(3) was engaged in the business of lending; or

(4) obtained a title search or commitment or a title insurance policy.

As added by P.L.130-2012, SEC.7. Amended by P.L.13-2013, SEC.80; P.L.112-2022, SEC.5.
Ind. Code § 32-16-1-7 — Indiana Code / Title 32 / Article 16 / Chapter 1 / Section 32-16-1-7
References to citations
Status: in_force

Sec. 7. A citation reference in the recodification act of the 2002 regular session of the general assembly to another provision of the recodification act of the 2002 regular session of the general assembly shall be treated as including a reference to the provision of prior property law that is substantively equivalent to the provision of the recodification act of the 2002 regular session of the general assembly that is referred to by the citation reference.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.
Ind. Code § 32-33-10-3 — Indiana Code / Title 32 / Article 33 / Chapter 10 / Section 32-33-10-3
"Motor vehicle"
Status: in_force

Sec. 3. (a) As used in this chapter, "motor vehicle" means every vehicle and device in, upon, or by which persons or property is, or may be, moved, transported, or drawn upon public highways.

(b) The term includes:

(1) self-propelled vehicles; and

(2) vehicles and devices drawn or propelled by other vehicles, devices, trucks, and tractors.

[Pre-2002 Recodification Citation: 32-8-31-2(b).]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-21-9-3 — Indiana Code / Title 32 / Article 21 / Chapter 9 / Section 32-21-9-3
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-2-3-3.]

As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.53.
Ind. Code § 32-17-11-19 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-19
Rights of survivorship
Status: in_force

Sec. 19. (a) The provisions of section 18 of this chapter as to rights of survivorship are determined by the form of the account at the death of a party.

(b) The form of an account may be altered by written order given by a party to the financial institution to:

(1) change the form of the account; or

(2) stop or vary payment under the terms of the account.

(c) An order or request described in subsection (b) must be:

(1) signed by a party;

(2) received by the financial institution during the party's lifetime; and

(3) not countermanded by another written order of the same party during the party's lifetime.

[Pre-2002 Recodification Citation: 32-4-1.5-5.]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-26-1-4 — Indiana Code / Title 32 / Article 26 / Chapter 1 / Section 32-26-1-4
Articles of association; recording
Status: in_force

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) The names of the association's officers for the first year.

(3) The character of the work proposed.

(4) The location where the fence is to be located.

(c) After recording the articles of association, the association is a body corporate and politic by the name and style adopted, with all the rights, incidents, and liabilities of bodies corporate.

(d) Any person owning land in the area may at any time become a member of the association by signing the articles of association.

[Pre-2002 Recodification Citation: 32-10-1-4.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-29-6-13 — Indiana Code / Title 32 / Article 29 / Chapter 6 / Section 32-29-6-13
Misstatement in written payoff statement
Status: in_force

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 misstatement. It is not a misstatement if the written payoff statement is not accurate as a result of a change in circumstances occurring after the issuance of the payoff statement. The release of a mortgage does not affect the ability of the creditor or mortgage servicer to collect the full amount owed without regard to a misstatement in the written payoff statement and a release of the mortgage.

[Pre-2002 Recodification Citation: 32-8-15.5-13.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-23-7-0.4 — Indiana Code / Title 32 / Article 23 / Chapter 7 / Section 32-23-7-0.4
"Coal bed methane estate in land"
Status: in_force

Sec. 0.4. (a) As used in this chapter, "coal bed methane estate in land" means the aggregate of all rights in land that affect the coal bed methane:

(1) in the land;

(2) on the land;

(3) under the land; or

(4) that may be taken from beneath the surface of the land.

(b) The term includes the following:

(1) The right to produce coal bed methane for commercial use or sale.

(2) The appurtenant right to use the surface overlying the coal bed methane for coal bed methane operations.

As added by P.L.140-2011, SEC.19.
Ind. Code § 32-23-4-5 — Indiana Code / Title 32 / Article 23 / Chapter 4 / Section 32-23-4-5
Instrument; requisites
Status: in_force

Sec. 5. An instrument that creates a solar easement must include the following:

(1) The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property that is subject to the solar easement, and a description of the real property to which the solar easement is appurtenant.

(2) Any terms and conditions under which the solar easement is granted or will be terminated.

[Pre-2002 Recodification Citation: 32-5-2.5-3.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-30-16-17 — Indiana Code / Title 32 / Article 30 / Chapter 16 / Section 32-30-16-17
Broadband Internet service made available by electricity supplier; separate legal entity or accounting system required; annual audit; allocation method; confidential or proprietary information
Status: in_force

Sec. 17. (a) This section:

(1) applies only to an electricity supplier that uses the procedures set forth in this chapter; and

(2) does not apply to:

(A) an electricity supplier;

(B) a subsidiary of an electricity supplier; or

(C) any other affiliated entity of an electricity supplier;

that does not use the procedures set forth in this chapter.

(b) An electricity supplier described in subsection (a)(1) shall, either acting by itself or in conjunction with one (1) or more other entities:

(1) form a separate legal entity; or

(2) maintain a separate accounting system;

with respect to the provision of broadband Internet service that is made available by the electricity supplier, alone or in conjunction with one (1) or more other legal entities, within all or any part of the electricity supplier's electric service territory in accordance with this chapter.

(c) An entity that provides broadband Internet service under subsection (b), whether that entity is a separate legal entity formed under subsection (b)(1) or an electricity supplier acting alone or in conjunction with one or more other legal entities, shall cause to be performed an annual audit of the entity's financial records concerning only the provision of broadband Internet service by the entity. A summary of the audit results required under this subsection shall be made available to a member of the electricity supplier described in subsection (a)(1) upon request. An entity that provides broadband Internet service under this chapter, including any affiliated electricity supplier of the electricity supplier described in subsection (a)(1), has discretion in choosing an allocation method for recording any:

(1) expenses;

(2) income;

(3) assets;

(4) liabilities; or

(5) other financial items;

including those related to electric facilities that are or may be used for the provision of broadband Internet service in accordance with this chapter.

(d) This section may not be construed to require an electricity supplier or an entity that provides broadband Internet service under subsection (b) to disclose to any person, member, or entity any confidential or proprietary information that is not otherwise available in the public domain.

As added by P.L.236-2017, SEC.1.
Ind. Code § 32-26-6-4 — Indiana Code / Title 32 / Article 26 / Chapter 6 / Section 32-26-6-4
Surveyors; compensation of viewers
Status: in_force

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 of the proceedings are a part of the cost of the erection of the fence and gates and shall be collected in the same manner.

[Pre-2002 Recodification Citation: 32-10-6-4.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-24-2-4 — Indiana Code / Title 32 / Article 24 / Chapter 2 / Section 32-24-2-4
"Works board" defined
Status: in_force

Sec. 4. As used in this chapter, "works board" means:

(1) the board of public works or the board of public works and safety of a city; or

(2) the legislative body of a town.

[Pre-2002 Recodification Citation: 32-11-1.5-1(c).]

As added by P.L.2-2002, SEC.9.
Ind. Code § 32-21-13-3 — Indiana Code / Title 32 / Article 21 / Chapter 13 / Section 32-21-13-3
"Sign"
Status: in_force

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 candidates; or

(3) the approval or disapproval of a public question.

As added by P.L.5-2010, SEC.1.
Ind. Code § 32-31-12-6 — Indiana Code / Title 32 / Article 31 / Chapter 12 / Section 32-31-12-6
Other legal remedies
Status: in_force

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.1.
Ind. Code § 32-23-5-5 — Indiana Code / Title 32 / Article 23 / Chapter 5 / Section 32-23-5-5
Creation, conveyance, etc., of easements; acceptance; recordation; duration; rights of parties and others protected
Status: in_force

Sec. 5. (a) Except as otherwise provided in this chapter, a conservation easement may be:

(1) created;

(2) conveyed;

(3) recorded;

(4) assigned;

(5) released;

(6) modified;

(7) terminated; or

(8) otherwise altered or affected;

in the same manner as other easements.

(b) A right or duty in favor of or against a holder and a right in favor of a person having a third party right of enforcement does not arise under a conservation easement before the conservation easement is accepted by the holder and the acceptance is recorded.

(c) Except as provided in section 6(b) of this chapter, a conservation easement is unlimited in duration unless the instrument creating the conservation easement provides otherwise.

(d) An interest in real property is not impaired by a conservation easement if the interest exists at the time the conservation easement is created, unless the owner of the interest is a party to the conservation easement or consents to the conservation easement.

[Pre-2002 Recodification Citation: 32-5-2.6-2.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-31-7-4 — Indiana Code / Title 32 / Article 31 / Chapter 7 / Section 32-31-7-4
Effect of waiver of statute
Status: in_force

Sec. 4. A waiver of the application of this chapter by a landlord or tenant, by contract or otherwise, is void.

As added by P.L.92-2002, SEC.1.
Ind. Code § 32-35-2-3 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-3
Filing affidavit
Status: in_force

Sec. 3. If a plaintiff claims delivery under section 2 of this chapter, the plaintiff or someone representing the plaintiff shall file an affidavit.

[Pre-2002 Recodification Citation: 34-21-2-2.]

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-36-1-14 — Indiana Code / Title 32 / Article 36 / Chapter 1 / Section 32-36-1-14
Impoundment of materials pending resolution of action
Status: in_force

Sec. 14. (a) This section does not apply to a news reporting or an entertainment medium.

(b) During any period that an action under this chapter is pending, a court may order the impoundment of:

(1) goods, merchandise, or other materials claimed to have been made or used in violation of section 8 of this chapter; and

(2) plates, molds, matrices, masters, tapes, negatives, or other items from which goods, merchandise, or other materials described in subdivision (1) may be manufactured or reproduced.

(c) The court may order impoundment under subsection (b) upon terms that the court considers reasonable.

[Pre-2002 Recodification Citation: 32-13-1-14.]

As added by P.L.2-2002, SEC.21.
Ind. Code § 32-24-1-5.8 — Indiana Code / Title 32 / Article 24 / Chapter 1 / Section 32-24-1-5.8
Time limit for filing a complaint; Indiana department of transportation projects
Status: in_force

Sec. 5.8. (a) This section applies only to:

(1) the Indiana department of transportation when the department seeks to acquire a parcel of land or a property right for the construction, reconstruction, improvement, maintenance, or repair of a:

(A) state highway; or

(B) toll road project or toll bridge; and

(2) any other person that may exercise the power of eminent domain when the person seeks to acquire a parcel of land or a property right for the construction, reconstruction, improvement, maintenance, or repair of a feeder road for an Indiana department of transportation project described in subdivision (1) if the construction, reconstruction, improvement, maintenance, or repair of the feeder road begins not later than five (5) years from the conclusion of the project.

(b) If:

(1) the Indiana department of transportation or other person described in subsection (a)(2) submits a written acquisition offer to the owner of a parcel of real estate under section 5 of this chapter; and

(2) the owner rejects the offer;

the department or other person shall file a complaint under this article to acquire the parcel by the exercise of eminent domain not more than three (3) years after the date the department or other person submitted the written acquisition offer to the owner.

(c) If the Indiana department of transportation or other person fails to meet the requirements described in subsection (b) concerning a parcel of real estate, the department or other person may not initiate an action under this article to acquire the parcel through the power of eminent domain for the same or a substantially similar project for at least three (3) years after the date the three (3) year period described in subsection (b) expires.

(d) A court shall expedite the hearing of an action initiated under subsection (b). A party to the action is entitled to an expedited appeal of the court's final determination, under rules to be adopted by the supreme court.

As added by P.L.163-2006, SEC.8. Amended by P.L.11-2014, SEC.1.
Ind. Code § 32-39-2-4 — Indiana Code / Title 32 / Article 39 / Chapter 2 / Section 32-39-2-4
Disclosure to personal representative of content of deceased user's electronic communication
Status: in_force

Sec. 4. If a deceased user consented to, or a court directs, disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the personal representative gives the custodian the following:

(1) A written request for disclosure in physical or electronic form.

(2) A certified or authenticated copy of the death certificate of the user.

(3) A copy of the letters (as defined in IC 29-1-1-3(a)(21)) of the personal representative or of the order of no supervision or order of unsupervised administration issued to the personal representative under IC 29-1-7.5.

(4) Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications.

(5) If requested by the custodian:

(A) a number, username, address, or other unique subscriber identifier or account identifier assigned by the custodian to identify the user's account;

(B) evidence linking the account to the user; or

(C) a finding by the court that:

(i) the user had a specific account with the custodian, identifiable by the information specified in clause (A);

(ii) disclosure of the content of electronic communications of the user would not violate 18 U.S.C. 2701 et seq., 47 U.S.C. 222, or other applicable law;

(iii) unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or

(iv) disclosure of the content of electronic communications of the user is reasonably necessary for administration of the user's estate.

As added by P.L.137-2016, SEC.14. Amended by P.L.163-2018, SEC.23; P.L.185-2021, SEC.55.
Ind. Code § 32-21-2-12 — Indiana Code / Title 32 / Article 21 / Chapter 2 / Section 32-21-2-12
Certificate of acknowledgment or record; conclusiveness
Status: in_force

Sec. 12. The:

(1) acknowledgment's or proof's certificate of an instrument as required under this article and IC 33-42-9-12;

(2) instrument; or

(3) transcript of the instrument;

is not conclusive and may be rebutted and the force and effect of it contested by a party affected by the instrument.

[Pre-2002 Recodification Citation: 32-1-2-29.]

As added by P.L.2-2002, SEC.6. Amended by P.L.185-2021, SEC.43.
Ind. Code § 32-18-1-10 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-10
Sale of property; partition of land
Status: in_force

Sec. 10. (a) The trustee, as soon as possible after an appraisement is filed, shall collect the rights and credits of the assignor. Except for property set off by the assignor as exempt, the trustee shall sell at public auction the appraised property after giving thirty (30) days notice of the time and place of sale:

(1) by publication in a newspaper printed and published in the county; or

(2) if a newspaper is not printed and published in the county, by posting written or printed notices in at least five (5) of the most public places in the county.

(b) The trustee shall sell the appraised property to the highest bidder for cash, or upon credit, the trustee taking notes with security to be approved by the trustee, waiving relief from valuation or appraisement laws, payable not more than twelve (12) months after the date, with interest.

(c) The trustee must make a full return, under oath, of the sale to the clerk of the circuit court. The clerk shall file the return with the other papers in the case. However, a court may, upon the sworn petition of the trustee, a creditor, or the assignor, for good cause shown, extend the time for selling the property, or any part of the property, for as much time as the court determines will serve the best interests of the creditors. The court may extend the credit on sales for not more than two (2) years.

(d) The court may, upon the sworn petition of the trustee or of a majority of the creditors showing that the property may deteriorate in value by delay or that it will be beneficial to the creditors to have an early sale order the property sold upon notice of the time, place, and terms of sale, and in a manner the court determines is best.

(e) The court may authorize the property sold at private sale at not less than its appraised value if it is shown that a private sale would be beneficial to the creditors of the assignor. The court shall supervise the estate of the assignor and may make all necessary orders in the interest of the creditors for its control and management by the trustee before the sale. In the interest of all parties, the court may upon petition of the assignee, if the wife of the assignor is a party to the petition, order partition of the land of the assignor, before sale, between the assignee and wife of the assignor. The court shall set off to the wife her inchoate one-third (1/3) in the land before sale. If the court finds that the land cannot be partitioned without detriment to the interest of the creditors of the assignor, the court may make an order directing the sale of all the land conveyed to the assignee by the assignor, including the wife's one-third (1/3) inchoate interest. The one-third (1/3) of the money for which the land is sold shall be paid to the wife of the assignor when collected. The assignee shall, after sale, compel the trustee to report the money in the trustee's hands for distribution, and shall compel the money to be paid into court for distribution if the assets are shown to be sufficient to pay a ten percent (10%) dividend upon the indebtedness. The distribution may be ordered from time to time when, on application of any person interested, it is shown to the court that there is sufficient funds in the hands of the trustee to pay the dividend of ten percent (10%).

[Pre-2002 Recodification Citation: 32-12-1-10.]

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-31-3-1.1 — Indiana Code / Title 32 / Article 31 / Chapter 3 / Section 32-31-3-1.1
Validity of certain rental agreements
Status: in_force

Sec. 1.1. Rental agreements entered into before July 1, 1989, remain valid and may be terminated, completed, consummated, or enforced as though this chapter had not been enacted.

As added by P.L.16-2009, SEC.31.
Ind. Code § 32-21-5-1 — Indiana Code / Title 32 / Article 21 / Chapter 5 / Section 32-21-5-1
Applicability of chapter
Status: in_force

Sec. 1. (a) This chapter applies only to a sale of, an exchange of, an installment sales contract for, or a lease with option to buy residential real estate that contains not more than four (4) residential dwelling units.

(b) This chapter does not apply to the following:

(1) Transfers ordered by a court, including transfers:

(A) in the administration of an estate;

(B) by foreclosure sale;

(C) by a trustee in bankruptcy;

(D) by eminent domain;

(E) from a decree of specific performance;

(F) from a decree of divorce; or

(G) from a property settlement agreement.

(2) Transfers by a mortgagee who has acquired the real estate at a sale conducted under a foreclosure decree or who has acquired the real estate by a deed in lieu of foreclosure.

(3) Transfers by a fiduciary in the course of the administration of the decedent's estate, guardianship, conservatorship, or trust.

(4) Transfers made from at least one (1) co-owner solely to at least one (1) other co-owner.

(5) Transfers made solely to any combination of a spouse or an individual in the lineal line of consanguinity of at least one (1) of the transferors.

(6) Transfers made because of the record owner's failure to pay any federal, state, or local taxes.

(7) Transfers to or from any governmental entity.

(8) Transfers involving the first sale of a dwelling that has not been inhabited.

(9) Transfers to a living trust.

[Pre-2002 Recodification Citation: 24-4.6-2-1.]

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-24-4-4 — Indiana Code / Title 32 / Article 24 / Chapter 4 / Section 32-24-4-4
Application; payments; election of method; sale of interest in servient estate; statement in offer; acceptance of offer
Status: in_force

Sec. 4. (a) This section applies to a public utility that appropriates by condemnation procedures an easement for right-of-way purposes on land zoned or used for agricultural purposes.

(b) If a public utility makes a uniform easement acquisition offer under IC 32-24-1-5 or a settlement offer under IC 32-24-1-12 in excess of five thousand dollars ($5,000), the owner of the land may elect to accept as compensation either a lump sum payment or annual payments for a period not to exceed twenty (20) years.

(c) The landowner must elect either the lump sum payment or the annual payment method at the time the landowner:

(1) accepts the public utility's offer under IC 32-24-1-5 or IC 32-24-1-12 to purchase an easement;

(2) accepts the appraisers' award; or

(3) is awarded damages by a judgment in a proceeding under this article.

The grant of easement or judgment, whichever is applicable, must state the method of payment the landowner has elected to receive.

(d) If the land is owned by more than one (1) person, the election to receive annual payments must be unanimous among all record owners to be binding upon the public utility.

(e) Selection of the lump sum method of payment irrevocably binds the landowner and the landowner's successors in interest.

(f) The annual amount payable must be equal to the lump sum payment that would have otherwise been made by the utility divided by the number of years the landowner elects to receive the annual payments plus interest at a rate agreed upon by the public utility and the landowner on the balance remaining at the end of each year. The public utility shall make the annual payment as close as practicable to the date of the landowner's acceptance of the public utility's offer or the date of the judgment granting the utility the easement. If the public utility and the landowner are unable to agree upon the interest rate, the interest rate shall be the average annual effective interest rate for all new Federal Land Bank Loans, computed on the basis of the twelve (12) month period immediately preceding the date of settlement.

(g) A landowner who withdraws the appraisers' award under IC 32-24-1-11 may receive only a lump sum payment from the clerk at that time. If the landowner is later awarded a judgment for damages that exceeds the amount of the appraisers' award, the landowner may elect either method of compensation only to the extent that the damages exceed the appraisers' award remaining to be paid by the public utility as a result of the judgment.

(h) A landowner who elects the annual payment method may terminate the election by giving notarized written notice to the public utility at least ninety (90) days before the annual date of payment. The public utility may prescribe reasonable forms for the notice and may require that these forms be used for the notice to be effective. In the event the landowner terminates this election, the public utility shall pay the landowner in a single payment the difference between the lump sum and the total of all annual payments previously paid by the public utility. Upon the landowner's receipt of this payment, the public utility's payment obligations cease.

(i) If a landowner sells the landowner's entire interest in the servient estate, the landowner shall give the public utility prompt notarized written notice of the sale, together with a copy of the deed specifying the name and address of the landowner's successor in interest. If the public utility receives the notice less than ninety (90) days before the date of an annual payment, the public utility may make this annual payment to the landowner but must make all successive payments to the landowner's successors and assigns.

(j) If a landowner sells less than the landowner's entire interest in the servient estate, the public utility may continue to make the annual payments to the landowner.

(k) A public utility shall make annual payments to the landowner only for the time the servient estate continues to be zoned or used for agricultural purposes. If the servient estate is no longer zoned or used for agricultural purposes, the public utility shall pay to the landowner the difference between the lump sum and the total of all annual payments previously paid by the public utility. Upon the landowner's receipt of this payment, the public utility's payment obligations cease.

(l) This section is binding upon the heirs, successors, and assigns of the landowner and the public utility.

(m) Every offer of a public utility under IC 32-24-1-5 and IC 32-24-1-12 must include the following statement in at least ten (10) point boldface type capital letters:

"IF THIS OFFER IS OVER FIVE THOUSAND DOLLARS ($5,000), YOU MAY ELECT UNDER IC 32-24-4-4 TO ACCEPT PAYMENT IN A LUMP SUM PAYMENT OR IN ANNUAL PAYMENTS FOR A PERIOD NOT TO EXCEED TWENTY (20) YEARS WITH INTEREST. IF YOU ELECT ANNUAL PAYMENTS, THEN POSSESSION WILL BE REQUIRED THIRTY (30) DAYS AFTER YOU HAVE RECEIVED YOUR FIRST ANNUAL PAYMENT.".

(n) Every offer of a public utility under IC 32-24-1-5 and IC 32-24-1-12 must also include a form to be used by the landowner to accept the offer that substantially contains the following:

ACCEPTANCE OF OFFER

I (We),_____________,_______________,_________________,

landowner(s) of the above described property or interest in property hereby accept the offer of $_____ made by _________________ (condemnor) on this ___ day of ___________, 20___. Please check one of the following if the offer is in excess of five thousand dollars ($5,000):

( ) I (We) elect to accept payment in a lump sum.

( ) I (We) elect to accept payment in annual payments for a period of ____ years with interest as determined under IC 32-24-4-4.

___________________________________________________

___________________________________________________

___________________________________________________

___________________________________________________

NOTARY'S CERTIFICATE

STATE OF __________

)

) SS:

COUNTY OF_________

)

Subscribed and sworn to before me this ___ day of ____________, 20___. My Commission Expires: ____________

__________________________________________________

(Signature)

__________________________________________________

(Printed) NOTARY PUBLIC.

[Pre-2002 Recodification Citation: 32-11-3-4.]

As added by P.L.2-2002, SEC.9.
Ind. Code § 32-25-2-6 — Indiana Code / Title 32 / Article 25 / Chapter 2 / Section 32-25-2-6
"Common profits"
Status: in_force

Sec. 6. "Common profits" means the balance remaining, after the deduction of the common expenses, of all:

(1) income;

(2) rents;

(3) profits; and

(4) revenues;

from the common areas and facilities.

[Pre-2002 Recodification Citation: 32-1-6-2(j).]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-21-2.5-8 — Indiana Code / Title 32 / Article 21 / Chapter 2.5 / Section 32-21-2.5-8
"Paper document"; use of electronic documents; electronic payment of fees; cooperation with other jurisdictions
Status: in_force

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 8. (a) As used in this section, "paper document" or "paper documents" means a tangible record that is received by a county recorder in a form that is not electronic.

(b) A county recorder shall receive for recording, indexing, storage, archiving, access to, searching of, retrieval, and transmittal all electronic documents proper for recording. A county recorder shall also accept electronically any fee or tax that the county recorder is authorized to collect under applicable laws. A county recorder shall implement the processing of electronic documents proper for recording in compliance with:

(1) this article;

(2) IC 33-42;

(3) IC 36-2-7.5;

(4) IC 36-2-11; and

(5) IC 36-2-13;

and the standards adopted by the electronic recording commission created under section 9 of this chapter.

(c) This section does not apply to the following documents:

(1) A military discharge under IC 10-17-2.

(2) A survey of real property.

(3) A plat of real property.

(4) A document containing the identifying information of a participant in the address confidentiality program under IC 5-26.5.

(d) A recorder who accepts electronic documents for recording shall:

(1) continue to accept paper documents as authorized by state law; and

(2) place entries for paper documents and electronic documents in the same index.

(e) A recorder who accepts electronic documents for recording may:

(1) convert paper documents accepted for recording into electronic form;

(2) convert into electronic form information recorded before the county recorder began to accept and index electronic documents; or

(3) agree with other officials of a state or a political subdivision of a state, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes.

As added by P.L.127-2017, SEC.8. Amended by P.L.185-2021, SEC.47; P.L.26-2022, SEC.5; P.L.13-2026, SEC.1.
Ind. Code § 32-34-1.5-81 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-81
Confidential information in notice
Status: in_force

Sec. 81. Except as otherwise provided in sections 23 and 24 of this chapter, a holder is not required to include confidential information in a notice the holder is required to provide to an apparent owner under this chapter.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-35-2-23 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-23
Service of notice by defendant of filing of bond
Status: in_force

Sec. 23. At the time of filing an undertaking under section 22 of this chapter, the defendant must:

(1) serve upon the executing officer and the plaintiff or the plaintiff's attorney a notice of filing of the undertaking; and

(2) file proof of service of the notice referred to in subdivision (1) with the court.

[Pre-2002 Recodification Citation: 34-21-5-3.]

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-21-2-1.7 — Indiana Code / Title 32 / Article 21 / Chapter 2 / Section 32-21-2-1.7
"Proof"
Status: in_force

Sec. 1.7. As used in this chapter, "proof", with respect to a notarial act, means a proof:

(1) under common law; or

(2) where the witness:

(A) appears before a notarial officer;

(B) was personally known by the notarial officer or identified by the notarial officer through satisfactory evidence;

(C) was not a party to, or a beneficiary of, the record being signed by the principal and the witness; and

(D) took an oath or gave an affirmation and testified to the following:

(i) The witness signed the record.

(ii) The witness identified the principal who signed the record.

(iii) The witness personally observed the principal sign the same record that the witness signed.

As added by P.L.2-2021, SEC.2.
Ind. Code § 32-34-1.5-82 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-82
Responsibilities for confidential information; security plan
Status: in_force

Sec. 82. (a) If a holder is required to include confidential information in a report to the attorney general, the information must be provided by a secure means.

(b) If confidential information in a record is provided to and maintained by the attorney general or the attorney general's agent as required by this chapter, the attorney general or the attorney general's agent shall:

(1) implement administrative, technical, and physical safeguards to protect the security, confidentiality, and integrity of the information required by IC 4-1-11 and federal privacy and data security law whether or not the attorney general or the attorney general's agent is subject to the law;

(2) protect against reasonably anticipated threats or hazards to the security, confidentiality, or integrity of the information; and

(3) protect against unauthorized access to or use of the information which could result in substantial harm or inconvenience to a holder or the holder's customers, including insureds, annuitants, and policy or contract owners and their beneficiaries.

(c) The attorney general:

(1) after notice and comment, shall adopt and implement a security plan that identifies and assesses reasonably foreseeable internal and external risks to confidential information in the attorney general's possession and seeks to mitigate the risks; and

(2) shall ensure that the attorney general's agent adopts and implements a similar plan with respect to confidential information in the agent's possession.

(d) The attorney general and the attorney general's agent shall educate and train their employees regarding the plan adopted under subsection (c).

(e) The attorney general and the attorney general's agent shall in a secure manner return or destroy all confidential information no longer reasonably needed under this chapter.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-21-2-3.5 — Indiana Code / Title 32 / Article 21 / Chapter 2 / Section 32-21-2-3.5
Homeowners association covenants
Status: in_force

Sec. 3.5. (a) This section applies only to land developments that include:

(1) at least two hundred fifty (250) single family homes; and

(2) at least two (2) different sections of lots:

(A) whose titles have all been conveyed from the land developer;

(B) whose first plat and covenants have been recorded in the office of the county recorder for at least fifteen (15) years;

(C) that are all governed by one (1) homeowners association; and

(D) that are not all subject to the same homeowners association covenants.

(b) Except as provided in subsection (c), if the lots included as part of one (1) homeowners association are not all subject to the same homeowners association covenants, new replacement covenants may be recorded by the homeowners association using one (1) of the following methods:

(1) The homeowners association covenants may be recorded in accordance with section 3 of this chapter.

(2) Notwithstanding any covenant provisions or bylaws of the homeowners association concerning amendments or revisions to homeowners association covenants, the homeowners association may:

(A) distribute to the owner of each lot included as part of the homeowners association:

(i) a proposed set of homeowners association covenants that would apply to all lots included as part of the homeowners association; and

(ii) a petition to be signed by each lot owner on which the owner indicates whether the owner approves or disapproves of applying the proposed covenants to all lots included as part of the homeowners association; and

(B) submit the petitions and covenants to the county recorder if:

(i) the lesser of a percentage of lot owners specified in the covenants or two-thirds (2/3) of all lot owners approve of applying the covenants to all lots included as part of the homeowners association, as indicated by the petitions signed by the lot owners; and

(ii) notwithstanding section 3 of this chapter, the signature of each lot owner has been affirmed before a notary public or an officer of the homeowners association submits an affidavit with the covenants and the petitions that verifies and certifies the signatures on the petitions.

Homeowners association covenants submitted to a county recorder in accordance with this subdivision are considered to be in effect on the date the covenants are recorded.

(c) A new replacement covenant described in subsection (b) does not apply to and is not binding on property in one (1) section of lots to the extent that the new replacement covenant:

(1) changes an existing covenant that pertains to minimum lot area or minimum home size; or

(2) adds a new covenant that pertains to minimum lot area or minimum home size.

(d) A new replacement covenant described in subsection (b) applies only prospectively, beginning on the date the covenant is recorded. The adoption of a new replacement covenant does not require a person to alter the person's home or lot to comply with the new replacement covenant if the condition of the person's home or lot was permissible or authorized under the previous covenant.

As added by P.L.43-2013, SEC.2. Amended by P.L.122-2014, SEC.1.
Ind. Code § 32-30-3.1-12 — Indiana Code / Title 32 / Article 30 / Chapter 3.1 / Section 32-30-3.1-12
Remedies
Status: in_force

Sec. 12. Any defendant in the main court action for possession of real property may file a complaint setting forth the sale and title under it and any other matter allowed under this chapter. The court proceedings must assess the values, damages, and other amounts of which assessment is required under section 3 of this chapter. If after the main court action the plaintiff has not paid the amount assessed by the court, the court shall set a reasonable time for the plaintiff to pay the defendant. If the plaintiff does not pay the amount within the time set by the court, the court shall order the land sold. If the premises are sold, the defendant is entitled to receive from the proceeds of the sale the amount the defendant is due, with interest, and court costs. The plaintiff is entitled to the remainder of the proceeds of the sale.

[Pre-2002 Recodification Citation: 32-15-3-12.]

As added by P.L.2-2002, SEC.15. Amended by P.L.45-2016, SEC.9.
Ind. Code § 32-34-10-1 — Indiana Code / Title 32 / Article 34 / Chapter 10 / Section 32-34-10-1
"Marina operator" defined
Status: in_force

Sec. 1. As used in this chapter, "marina operator" means a person, a firm, a corporation, a limited liability company, a municipality, or another unit of government that is engaged in the business of operating a marina.

[Pre-2002 Recodification Citation: 32-8-40-1.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-29-2-1 — Indiana Code / Title 32 / Article 29 / Chapter 2 / Section 32-29-2-1
Written transfer or assignment; acknowledgment and recording
Status: in_force

Sec. 1. A person who transfers or assigns a mortgage within Indiana shall do so in writing by:

(1) noting the assignment or transfer on the record recording the mortgage; or

(2) separate written instrument.

A person who transfers or assigns a mortgage as described in this section shall cause the notation or written instrument to be acknowledged before an officer authorized to take acknowledgments of the execution of mortgages.

[Pre-2002 Recodification Citation: 32-8-12-1.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-24-1-5 — Indiana Code / Title 32 / Article 24 / Chapter 1 / Section 32-24-1-5
Offer of purchase; notice; service; forms; restoration of utility or transportation services
Status: repealed

Sec. 5. (a) As a condition precedent to filing a complaint in condemnation, and except for an action brought under IC 8-1-13-19 (repealed), a condemnor may enter upon the property as provided in this chapter and must, at least thirty (30) days before filing a complaint, make an offer to purchase the property in the form prescribed in subsection (c). The offer must be served personally or by certified mail upon:

(1) the owner of the property sought to be acquired; or

(2) the owner's designated representative.

(b) If the offer cannot be served personally or by certified mail, or if the owner or the owner's designated representative cannot be found, notice of the offer shall be given by publication in a newspaper of general circulation in the county in which the property is located or in the county where the owner was last known to reside. The notice must be in the following form:

NOTICE

TO: _________________, _____________________ (owner(s)), __________________________ (condemnor) needs your property for a _____________________________________________ (description of project), and will need to acquire the following from you:

________________________________________________ (general description of the property to be acquired). We have made you a formal offer for this property that is now on file in the Clerk's Office in the ________ County Court House. Please pick up the offer. If you do not respond to this notice or accept the offer by ____ (a date 30 days from 1st date of publication) 20___, we shall file a suit to condemn the property.

_______________________

Condemnor

The condemnor must file the offer with the clerk of the circuit court with a supporting affidavit that diligent search has been made and that the owner cannot be found. The notice shall be published twice as follows:

(1) One (1) notice immediately.

(2) A subsequent publication at least seven (7) days and not more than twenty-one (21) days after the publication under subdivision (1).

(c) The offer to purchase must be in the following form:

UNIFORM PROPERTY OR EASEMENT

ACQUISITION OFFER

____________ (condemnor) is authorized by Indiana law to obtain your property or an easement across your property for certain public purposes. _____________ (condemnor) needs (your property) (an easement across your property) for a ___________________________ (brief description of the project) and needs to take __________________ (legal description of the property or easement to be taken; the legal description may be made on a separate sheet and attached to this document if additional space is required)

It is our opinion that the fair market value of the (property) (easement) we want to acquire from you is $ ____, and, therefore, _____________ (condemnor) offers you $ _______ for the above described (property) (easement). You have thirty (30) days from this date to accept or reject this offer. If you accept this offer, you may expect payment in full within ninety (90) days after signing the documents accepting this offer and executing the easement, and provided there are no difficulties in clearing liens or other problems with title to land. Possession will be required thirty (30) days after you have received your payment in full.

HERE IS A BRIEF SUMMARY OF YOUR OPTIONS AND LEGALLY PROTECTED RIGHTS:

1. By law, _____________ (condemnor) is required to make a good faith effort to purchase (your property) (an easement across your property).

2. You do not have to accept this offer and __________ (condemnor) is not required to agree to your demands.

3. However, if you do not accept this offer, and we cannot come to an agreement on the acquisition of (your property) (an easement), _____________ (condemnor) has the right to file suit to condemn and acquire the (property) (easement) in the county in which the property is located.

4. You have the right to seek advice of an attorney, real estate appraiser, or any other person of your choice on this matter.

5. You may object to the public purpose and necessity of this project.

6. If _____________ (condemnor) files a suit to condemn and acquire (your property) (an easement) and the court grants its request to condemn, the court will then appoint three appraisers who will make an independent appraisal of the (property) (easement) to be acquired.

7. If we both agree with the court appraisers' report, then the matter is settled. However, if either of us disagrees with the appraisers' report to the court, either of us has the right to ask for a trial to decide what should be paid to you for the (property) (easement) condemned.

8. If the court appraisers' report is not accepted by either of us, then ______________ (condemnor) has the legal option of depositing the amount of the court appraisers' evaluation with the court. And if such a deposit is made with the court, _____________ (condemnor) is legally entitled to immediate possession of the (property) (easement). You may, subject to the approval of the court, make withdrawals from the amount deposited with the court. Your withdrawal will in no way affect the proceedings of your case in court, except that, if the final judgment awarded you is less than the withdrawal you have made from the amount deposited, you will be required to pay back to the court the amount of the withdrawal in excess of the amount of the final judgment.

9. The trial will decide the full amount of damages you are to receive. Both of us will be entitled to present legal evidence supporting our opinions of the fair market value of the property or easement. The court's decision may be more or less than this offer. You may employ, at your cost, appraisers and attorneys to represent you at this time or at any time during the course of the proceeding described in this notice. (The condemnor may insert here any other information pertinent to this offer or required by circumstances or law).

10. If you have any questions concerning this matter you may contact us at:

____________________________________________________

____________________________________________________

(full name, mailing and street address, and phone of the condemnor)

This offer was made to the owner(s):

______________ of ________________,

______________ of ________________,

______________ of ________________,

______________ of ________________,

on the _____ day of ______ 20___,

BY:

_________________________

(signature)

_________________________

(printed name and title)

Agent of:

_________________________

(condemnor)

If you decide to accept the offer of $ _____ made by _____________ (condemnor) sign your name below and mail this form to the address indicated above. An additional copy of this offer has been provided for your file.

ACCEPTANCE OF OFFER

I (We), ______________, ______________, ___________, owner(s) of the above described property or interest in property, hereby accept the offer of $ _______ made by _________ (condemnor) on this _____ day of _______, 20___.

_______________________________________

_______________________________________

_______________________________________

_______________________________________

NOTARY'S CERTIFICATE

STATE OF _____________

)

) SS:

COUNTY OF ___________

)

Subscribed and sworn to before me this ____ day of __________, 20___.

My Commission Expires: __________

__________________________________

(Signature)

________________________________________________

(Printed) NOTARY PUBLIC

(d) If the condemnor has a compelling need to enter upon property to restore utility or transportation services interrupted by disaster or unforeseeable events, the provisions of subsections (a), (b), and (c) do not apply for the purpose of restoration of utility or transportation services interrupted by the disaster or unforeseeable events. However, the condemnor shall be responsible to the property owner for all damages occasioned by the entry, and the condemnor shall immediately vacate the property entered upon as soon as utility or transportation services interrupted by the disaster or unforeseeable event have been restored.

[Pre-2002 Recodification Citation: 32-11-1-2.1 part.]

As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.6.
Ind. Code § 32-39-2-11 — Indiana Code / Title 32 / Article 39 / Chapter 2 / Section 32-39-2-11
Disclosure of digital assets to guardian of protected person
Status: in_force

Sec. 11. (a) After an opportunity for a hearing under IC 29-3, a court may grant a guardian access to the digital assets of the protected person.

(b) Unless otherwise ordered by a court or directed by the user, a custodian shall disclose to a guardian the catalogue of electronic communications sent or received by the protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the guardian gives the custodian:

(1) a written request for disclosure of the catalogue of electronic communications and the digital assets in physical or electronic form;

(2) a certified copy of the court order giving the guardian authority over the digital assets of the protected person; and

(3) if requested by the custodian:

(A) a number, username, address, or other unique subscriber identifier or account identifier assigned by the custodian to identify the account of the protected person; or

(B) evidence linking the account to the protected person.

(c) A guardian with general authority to manage the assets of a protected person may, for good cause, request that the custodian of the digital assets of the protected person suspend or terminate an account of the protected person. A request made under this subsection must be accompanied by a certified copy of the court order giving the guardian authority over the protected person's property.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-39-1-2 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-2
"Account"
Status: in_force

Sec. 2. As used in this article, "account" means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-28-14-8 — Indiana Code / Title 32 / Article 28 / Chapter 14 / Section 32-28-14-8
Time limit for enforcing lien
Status: in_force

Sec. 8. (a) A homeowners association may enforce a homeowners association lien by filing a complaint in the circuit or superior court of the county where the real estate that is the subject of the lien is located. The complaint:

(1) may not be filed earlier than ninety (90) days, unless:

(A) another person files a foreclosure action on the property that is the subject of the lien; or

(B) a person files written notice to file an action to foreclose the lien under section 9(a)(1) of this chapter; and

(2) must be filed not later than five (5) years;

after the date the statement and notice of intention to hold a lien was recorded under section 6 of this chapter.

(b) If a lien is not enforced within the time set forth in subsection (a), the lien is void.

(c) If a lien is foreclosed under this chapter, the court rendering judgment shall order a sale to be made of the real estate subject to the lien.

As added by P.L.135-2007, SEC.3. Amended by P.L.167-2009, SEC.3; P.L.99-2011, SEC.4; P.L.45-2016, SEC.7.
Ind. Code § 32-17-13-5 — Indiana Code / Title 32 / Article 17 / Chapter 13 / Section 32-17-13-5
Apportionment of liability by instrument
Status: in_force

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 provision prevails.

As added by P.L.165-2002, SEC.11.
Ind. Code § 32-36-1-15 — Indiana Code / Title 32 / Article 36 / Chapter 1 / Section 32-36-1-15
Destruction or other disposition of offending materials
Status: in_force

Sec. 15. (a) This section does not apply to a news reporting or an entertainment medium.

(b) As part of a final judgment or decree, a court may order the destruction or other reasonable disposition of items described in section 14(b) of this chapter.

[Pre-2002 Recodification Citation: 32-13-1-15.]

As added by P.L.2-2002, SEC.21.
Ind. Code § 32-35-2-9 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-9
Order for possession before hearing; grounds
Status: in_force

Sec. 9. The court may issue an order for possession under this chapter before the hearing if probable cause appears that any of the following subdivisions apply:

(1) The defendant gained possession of the property by theft or criminal conversion.

(2) The property consists of one (1) or more negotiable instruments or credit cards.

(3) By reason of specific, competent evidence shown by testimony within the personal knowledge of an affiant or witness, the property is:

(A) perishable, and will perish before any noticed hearing can be had;

(B) in immediate danger of destruction, serious harm, concealment, removal from Indiana, or sale to an innocent purchaser; or

(C) held by a person who threatens to destroy, harm, or conceal the property, remove the property from Indiana, or sell the property to an innocent purchaser.

[Pre-2002 Recodification Citation: 34-21-4-2.]

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-17-14-19 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-19
Effect of conveyances, assignments, contracts, set offs, licenses, easements, liens, and security interests
Status: in_force

Sec. 19. (a) A beneficiary of a transfer on death transfer takes the owner's interest in the property at the death of the owner subject to all conveyances, assignments, contracts, set offs, licenses, easements, liens, and security interests made by the owner or to which the owner was subject during the owner's lifetime.

(b) A beneficiary of a transfer on death transfer of an account with a bank, savings and loan association, credit union, broker, or mutual fund takes the owner's interest in the property at the death of the owner subject to all requests for payment of money issued by the owner before the owner's death, whether paid by the transferring entity before or after the owner's death, or unpaid. The beneficiary is liable to the payee of an unsatisfied request for payment to the extent that the request represents an obligation that was enforceable against the owner during the owner's lifetime.

(c) Each beneficiary's liability with respect to an unsatisfied request for payment is limited to the same proportionate share of the request for payment as the beneficiary's proportionate share of the account under the beneficiary designation. Each beneficiary has the right of contribution from the other beneficiaries with respect to a request for payment that is satisfied after the owner's death, to the extent that the request for payment would have been enforceable by the payee during the owner's lifetime.

As added by P.L.143-2009, SEC.41.
Ind. Code § 32-33-11-7 — Indiana Code / Title 32 / Article 33 / Chapter 11 / Section 32-33-11-7
Construction of law
Status: in_force

Sec. 7. This chapter may not be construed as repealing any other law in force on May 31, 1921, concerning liens or the foreclosure of liens. This chapter is intended to be supplemental to all laws in force on May 31, 1921, concerning liens and the foreclosure of liens.

[Pre-2002 Recodification Citation: 32-8-32-6.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-17-11-16 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-16
Application of certain sections
Status: in_force

Sec. 16. (a) The provisions of sections 17, 18, and 19 of this chapter concerning beneficial ownership as between parties, or as between parties and beneficiaries of multiple party accounts:

(1) apply only to controversies between:

(A) the parties or the beneficiaries of multiple party accounts; and

(B) creditors and other successors of:

(i) the parties; or

(ii) the beneficiaries of multiple party accounts; and

(2) do not affect the power of withdrawal of the parties or the beneficiaries of multiple party accounts as determined by the terms of account contracts.

(b) The provisions of sections 22 through 27 of this chapter govern the liability and set-off rights of financial institutions that make payments under sections 22 through 27 of this chapter.

[Pre-2002 Recodification Citation: 32-4-1.5-2.]

As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.35.
Ind. Code § 32-22-2-7 — Indiana Code / Title 32 / Article 22 / Chapter 2 / Section 32-22-2-7
Conflicting laws; title to property
Status: in_force

Sec. 7. This chapter does not affect:

(1) the title to any real estate recovered or conveyed before March 6, 1905, by or under the authority of the state as escheated land;

(2) litigation pending on March 6, 1905, involving the escheat of land to the state; or

(3) the title of the state to any land to which the state has claimed, asserted, or attempted to assert title before March 6, 1905, by an action in any court of Indiana.

[Pre-2002 Recodification Citation: 32-1-8-3.]

As added by P.L.2-2002, SEC.7.
Ind. Code § 32-35-2-27 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-27
Delivery to defendant in open court
Status: in_force

Sec. 27. If the defendant or the defendant's attorney is in open court at the time the order of possession is issued under this chapter, a copy of the order shall be delivered promptly to the defendant and the delivery shall be noted in the order book.

[Pre-2002 Recodification Citation: 34-21-7-1.]

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-25-2-4 — Indiana Code / Title 32 / Article 25 / Chapter 2 / Section 32-25-2-4
"Common areas and facilities"
Status: in_force

Sec. 4. "Common areas and facilities", unless otherwise provided in the declaration or lawful amendments to the declaration, means:

(1) the land on which the building is located;

(2) the building:

(A) foundations;

(B) columns;

(C) girders;

(D) beams;

(E) supports;

(F) main walls;

(G) roofs;

(H) halls;

(I) corridors;

(J) lobbies;

(K) stairs;

(L) stairways;

(M) fire escapes;

(N) entrances; and

(O) exits;

(3) the:

(A) basements;

(B) yards;

(C) gardens;

(D) parking areas;

(E) storage spaces;

(F) swimming pools; and

(G) other recreational facilities;

(4) the premises for the lodging of:

(A) janitors; or

(B) persons in charge of the property;

(5) installations of central services, such as:

(A) power;

(B) light;

(C) gas;

(D) hot and cold water;

(E) heating;

(F) refrigeration;

(G) air conditioning; and

(H) incinerating;

(6) the:

(A) elevators;

(B) tanks;

(C) pumps;

(D) motors;

(E) fans;

(F) compressors;

(G) ducts;

(H) apparatus; and

(I) installations;

existing for common use;

(7) community and commercial facilities provided for in the declaration; and

(8) all other parts of the property:

(A) necessary or convenient to its:

(i) existence;

(ii) maintenance; and

(iii) safety; or

(B) normally in common use.

[Pre-2002 Recodification Citation: 32-1-6-2(h).]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-17-14-3 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-3
Definitions
Status: in_force

Sec. 3. The following definitions apply throughout this chapter:

(1) "Beneficiary" means a person designated or entitled to receive property because of another person's death under a transfer on death transfer.

(2) "Beneficiary designation" means a written instrument other than a will or trust that designates the beneficiary of a transfer on death transfer.

(3) "Governing instrument" refers to a written instrument agreed to by an owner that establishes the terms and conditions of an ownership in beneficiary form.

(4) "Intangible personal property" means incorporeal property, such as money, deposits, credits, shares of stock, bonds, notes, other evidences of indebtedness, and other evidences of property interests.

(5) "Joint owners" refers to persons who hold property as joint tenants with a right of survivorship. However, the term does not include a husband and wife who hold property as tenants by the entirety.

(6) "LDPS" means an abbreviation of lineal descendants per stirpes, which may be used in a beneficiary designation to designate a substitute beneficiary as provided in section 22 of this chapter.

(7) "Owner", except as provided in subdivision (14), refers to a person or persons who have a right to designate the beneficiary of a transfer on death transfer.

(8) "Ownership in beneficiary form" means holding property under a registration in beneficiary form or other written instrument that:

(A) names the owner of the property;

(B) directs ownership of the property to be transferred upon the death of the owner to the designated beneficiary; and

(C) designates the beneficiary.

(9) "Person" means an individual, a sole proprietorship, a partnership, an association, a fiduciary, a trustee, a corporation, a limited liability company, or any other business entity.

(10) "Proof of death" means a death certificate or a record or report that is prima facie proof or evidence of an individual's death.

(11) "Property" means any present or future interest in real property, intangible personal property, or tangible personal property. The term includes:

(A) a right to direct or receive payment of a debt;

(B) a right to direct or receive payment of money or other benefits due under a contract, account agreement, deposit agreement, employment contract, or trust or by operation of law;

(C) a right to receive performance remaining due under a contract;

(D) a right to receive payment under a promissory note or a debt maintained in a written account record;

(E) rights under a certificated or uncertificated security;

(F) rights under an instrument evidencing ownership of property issued by a governmental agency; and

(G) rights under a document of title (as defined in IC 26-1-1-201).

(12) "Registration in beneficiary form" means titling of an account record, certificate, or other written instrument that:

(A) provides evidence of ownership of property in the name of the owner;

(B) directs ownership of the property to be transferred upon the death of the owner to the designated beneficiary; and

(C) designates the beneficiary.

(13) "Security" means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer. The term includes a certificated security, an uncertificated security, and a security account.

(14) "The death of the owner" or "the owner's death" refers to the death of the individual upon whose death the transfer on death transfer occurs.

(15) "Tangible personal property" means corporeal personal property, such as goods, wares, and merchandise.

(16) "Transfer on death deed" means a deed that conveys an interest in real property to a grantee by beneficiary designation.

(17) "Transfer on death transfer" refers to a transfer of property that takes effect upon the death of the owner under a beneficiary designation made under this chapter.

(18) "Transferring entity" means a person who:

(A) owes a debt or is obligated to pay money or benefits;

(B) renders contract performance;

(C) delivers or conveys property; or

(D) changes the record of ownership of property on the books, records, and accounts of an enterprise or on a certificate or document of title that evidences property rights.

The term includes a governmental agency, business entity, or transfer agent that issues certificates of ownership or title to property and a person acting as a custodial agent for an owner's property. However, the term does not include a governmental office charged with endorsing, entering, or recording the transfer of real property in the public records.

As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.26; P.L.36-2011, SEC.12; P.L.81-2015, SEC.24; P.L.231-2019, SEC.43.
Ind. Code § 32-28-1-2 — Indiana Code / Title 32 / Article 28 / Chapter 1 / Section 32-28-1-2
Forfeiture; commissioner to release and satisfy lien
Status: in_force

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, discharge, and satisfy of record the mortgage, mechanic's lien, judgment, or other lien; and

(2) the owner, holder, or custodian fails, neglects, or refuses to release, discharge, and satisfy of record the mortgage, mechanic's lien, judgment, or other lien as required under section 1 of this chapter not later than fifteen (15) days after the date the owner, holder, or custodian receives the written demand.

(b) An owner, holder, or custodian shall forfeit and pay to the mortgagor or other person having the right to demand the release of the mortgage or lien:

(1) a sum not to exceed five hundred dollars ($500) for the failure, neglect, or refusal of the owner, holder, or custodian to:

(A) release;

(B) discharge; and

(C) satisfy of record the mortgage or lien; and

(2) costs and reasonable attorney's fees incurred in enforcing the release, discharge, or satisfaction of record of the mortgage or lien.

(c) If the court finds in favor of a plaintiff who files an action to recover damages under subsection (b), the court shall award the plaintiff the costs of the action and reasonable attorney's fees as a part of the judgment.

(d) The court may appoint a commissioner and direct the commissioner to release and satisfy the mortgage, mechanic's lien, judgment, or other lien. The costs incurred in connection with releasing and satisfying the mortgage, mechanic's lien, judgment, or other lien shall be taxed as a part of the costs of the action.

(e) The owner, holder, or custodian, by virtue of having recorded the mortgage, mechanic's lien, judgment, or other lien in Indiana, submits to the jurisdiction of the courts of Indiana as to any action arising under this section.

[Pre-2002 Recodification Citation: 32-8-1-2.]

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-18-1-6 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-6
Trustee; notice of appointment; inventory of property
Status: in_force

Sec. 6. (a) Immediately after complying with the requirements set forth in this chapter, the trustee shall give notice of the trustee's appointment by publication, three (3) weeks successively, in a newspaper printed and published in the county. If a newspaper is not printed and published in the county, the trustee shall:

(1) place written notice in at least five (5) of the most public places in the county; and

(2) publish notice in a newspaper printed and published in the nearest county, for the time and in the manner mentioned in reference to publication in the county where the assignor resides.

(b) The trustee shall, within thirty (30) days after beginning the duties of the trust, make and file, under oath, a full and complete inventory of all the property, real and personal, the rights, credits, interests, profits, and collaterals that the trustee obtains, or of which the trustee may have obtained knowledge as belonging to the assignor. If:

(1) any property not mentioned in an inventory comes into the trustee's hands; or

(2) the trustee obtains satisfactory information of the existence of property not mentioned in an inventory;

the trustee shall file an additional inventory of the property as described in this section.

[Pre-2002 Recodification Citation: 32-12-1-6.]

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-17-8-3 — Indiana Code / Title 32 / Article 17 / Chapter 8 / Section 32-17-8-3
Nonvested property interests; powers of appointment; validity
Status: in_force

Sec. 3. (a) A nonvested property interest is valid if:

(1) when the interest is created, the interest is certain to vest or terminate not later than twenty-one (21) years after the death of an individual then alive; or

(2) the interest either vests or terminates within three hundred sixty (360) years after the interest's creation, unless the terms of the trust require that all beneficial interests in the trust vest or terminate within a lesser period of time.

(b) A general power of appointment not presently exercisable because of a condition precedent is valid if:

(1) when the power is created, the condition precedent is certain to be satisfied or become impossible to satisfy not later than twenty-one (21) years after the death of an individual then alive; or

(2) the condition precedent either is satisfied or becomes impossible to satisfy within three hundred sixty (360) years after the condition precedent's creation, unless the terms of the trust require that all beneficial interests in the trust vest or terminate within a lesser period of time.

(c) A nongeneral power of appointment or a general testamentary power of appointment is valid if:

(1) when the power is created, the power is certain to be irrevocably exercised or otherwise to terminate not later than twenty-one (21) years after the death of an individual then alive; or

(2) the power is irrevocably exercised or otherwise terminates within three hundred sixty (360) years after the power's creation, unless the terms of the trust require that all beneficial interests in the trust vest or terminate within a lesser period of time.

(d) In determining whether a nonvested property interest or a power of appointment is valid under subsection (a)(1), (b)(1), or (c)(1), the possibility that a child will be born to an individual after the individual's death is disregarded.

[Pre-2002 Recodification Citation: 32-1-4.5-3.]

As added by P.L.2-2002, SEC.2. Amended by P.L.61-2024, SEC.2.