Ind. Code § 32-17-11-3 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-3
"Financial institution" defined
Status: in_force

Sec. 3. (a) As used in this chapter, "financial institution" means any organization authorized to do business in Indiana under IC 28 or federal law relating to financial institutions.

(b) The term includes the following:

(1) Banks and trust companies.

(2) Building and loan associations.

(3) Industrial loan and investment companies.

(4) Savings banks.

(5) Credit unions.

[Pre-2002 Recodification Citation: 32-4-1.5-1(3).]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-31-6-2 — Indiana Code / Title 32 / Article 31 / Chapter 6 / Section 32-31-6-2
Small claims jurisdiction
Status: in_force

Sec. 2. The small claims docket of a court has jurisdiction to grant an emergency possessory order under this chapter.

[Pre-2002 Recodification Citation: 32-7-9-2.]

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-31-1-3 — Indiana Code / Title 32 / Article 31 / Chapter 1 / Section 32-31-1-3
Determination of year to year tenancy
Status: in_force

Sec. 3. A tenancy from year to year may be determined by a notice given to the tenant not less than three (3) months before the expiration of the year.

[Pre-2002 Recodification Citation: 32-7-1-3 part.]

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-30-3-20 — Indiana Code / Title 32 / Article 30 / Chapter 3 / Section 32-30-3-20
Action to quiet title of real estate exempt from sale on execution
Status: in_force

Sec. 20. (a) A resident householder in Indiana who may claim real estate owned by the householder exempt from sale on execution may quiet the title to the real estate against any judgment or lien.

(b) The complaint in an action described in subsection (a) must state the following:

(1) The ownership of the real estate.

(2) The existence of a judgment against the real estate.

(3) The right of the owner to claim the real estate exempt from sale on execution.

(c) In an action described in subsection (a), the title to the real estate may be quieted against a judgment whether the householder has executed the judgment or has filed a schedule claiming an exemption from sale on execution if the court finds that the owner's interest, in value, of the real estate does not at the time of the hearing exceed any mortgages, tax, or assessment on the real estate by more than seven hundred dollars ($700).

[Pre-2002 Recodification Citation: 32-6-7-1.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-17.5-3-3 — Indiana Code / Title 32 / Article 17.5 / Chapter 3 / Section 32-17.5-3-3
Disclaimer requirements
Status: in_force

Sec. 3. (a) As used in this section, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(b) A disclaimer must:

(1) be in a writing or other record;

(2) state that it is a disclaimer;

(3) describe the interest or power disclaimed;

(4) be signed by the person making the disclaimer; and

(5) be delivered or filed in the manner provided in IC 32-17.5-7.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-17.5-2-3 — Indiana Code / Title 32 / Article 17.5 / Chapter 2 / Section 32-17.5-2-3
"Disclaimed interest"
Status: in_force

Sec. 3. "Disclaimed interest" means the interest that would have passed to the disclaimant had the disclaimer not been made.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-31-11-1 — Indiana Code / Title 32 / Article 31 / Chapter 11 / Section 32-31-11-1
Applicability
Status: in_force

Sec. 1. (a) This chapter applies to an eviction action that results in an outcome or occurrence described in section 3(a)(1) through 3(a)(3) and 3(b) of this chapter regardless of when the eviction action is originally filed.

(b) This chapter does not apply to a hearing for damages in an eviction action in which a judgment has been awarded.

As added by P.L.164-2022, SEC.3. Amended by P.L.128-2025, SEC.1.
Ind. Code § 32-35-2-12 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-12
Sheriff or other executing officer to hold property
Status: in_force

Sec. 12. An order of possession issued under this chapter without notice shall direct the sheriff or other executing officer to hold the property until further order of the court.

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

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-23-12-8 — Indiana Code / Title 32 / Article 23 / Chapter 12 / Section 32-23-12-8
Creation of trust to develop coal interest; petition; guardian ad litem; evidence; coal lease; fees
Status: in_force

Sec. 8. (a) The person seeking to create a trust for an interest in coal land for the purpose of leasing and developing the coal interest shall join as a defendant each person who has a legal interest in the coal land, except for any plaintiffs or persons having a legal interest in the coal land who at the time of the action are parties to a valid and existing lease granting to the plaintiff the mining rights sought by the plaintiff. A person who might have a contingent or future interest in the coal land is bound by the judgment entered in the proceedings.

(b) The plaintiff shall file a verified petition that specifically sets forth the following:

(1) The request of each plaintiff that a trustee be appointed to execute a lease granting the plaintiff the right to mine and remove coal from the subject coal land.

(2) The legal description of the coal land.

(3) The interest of the plaintiff in the coal within the coal land.

(4) The apparent interest of each defendant in the coal within the coal land.

(5) A statement that the plaintiff is willing to purchase a mineral lease covering the interest of each defendant and that the existence of these unleased mineral interests is detrimental to and impairs the enjoyment of the interest of the plaintiff.

(c) The Indiana rules of trial procedure govern an action under this chapter to make an unknown party a defendant.

(d) The court shall appoint a guardian ad litem for any defendant to the proceeding who is a ward of the state or a ward to another person.

(e) If it appears to the court that a person who is not in being, but upon coming into being, is or may be entitled to any interest in the property sought to be leased, the court shall appoint a guardian ad litem to appear for and represent the interest in the proceeding and to defend the proceeding on behalf of the person not in being. A judgment or order entered by the court in the proceeding is effective against the person not in being.

(f) The court shall receive evidence and hear testimony concerning:

(1) the matters in the plaintiff's petition; and

(2) the prevailing terms of similar coal leases obtained in the vicinity of the coal land in the petition, including the length of the lease term, bonus money, delay rentals, royalty rates, and other forms of lease payments.

If, upon taking evidence and hearing testimony, the court determines that the material allegations of the petition are true and that there has been compliance with the required notice provisions, the court shall enter an order determining the interest of each defendant in the coal land sought to be leased. The court shall also appoint a trustee for the purpose of executing in favor of the plaintiff a coal lease covering the interest of each defendant. The court's judgment appointing the trustee and authorizing the execution of the lease must specify the minimum terms that may be accepted by the trustee. Those terms must be substantially consistent with the terms of other similar coal leases obtained in the vicinity as determined by the court. The terms of the coal lease also must be substantially consistent with the terms of other existing leases, if any, covering the remaining coal interests in the land described in the petition.

(g) The coal land to be covered by a coal lease must be contiguous. To the extent that any of the coal land described in the petition is not contiguous to other coal land in the petition, that coal land must be subject to separate coal leases.

(h) The court shall determine a reasonable fee to be paid to the trustee and the trustee's reasonable attorney's fees and costs of the proceeding, which shall be paid by the plaintiff.

(i) Each plaintiff shall promptly furnish to the court a report of proceedings of the evidence received and testimony taken at the hearing on the petition. The report of proceedings shall be filed and made a part of the case record.

(j) In proceedings under this chapter, the circuit court, superior court, or probate court may:

(1) investigate and determine questions of conflicting or controverted titles;

(2) remove invalid and inapplicable encumbrances from the title to the coal land; and

(3) establish and confirm the title to the coal or the right to mine and remove coal from any of the coal land.

As added by P.L.94-2009, SEC.1. Amended by P.L.84-2016, SEC.142.
Ind. Code § 32-17-4-7 — Indiana Code / Title 32 / Article 17 / Chapter 4 / Section 32-17-4-7
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-4-5-7.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.8.
Ind. Code § 32-20-2-4 — Indiana Code / Title 32 / Article 20 / Chapter 2 / Section 32-20-2-4
"Person dealing with land" defined
Status: in_force

Sec. 4. "Person dealing with land" includes:

(1) a purchaser of an estate or interest in an estate;

(2) a mortgagee;

(3) a levying or attaching creditor;

(4) a land contract vendee; or

(5) a person seeking to:

(A) acquire an estate or interest in an estate; or

(B) impose a lien on an estate.

[Pre-2002 Recodification Citation: 32-1-5-8(d).]

As added by P.L.2-2002, SEC.5.
Ind. Code § 32-30-2-2 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-2
Landlord substituted as defendant in action to recover real property from tenant
Status: in_force

Sec. 2. If it appears in an action brought under section 1 of this chapter that the defendant is only a tenant, the landlord may be substituted as the defendant if the landlord has received reasonable notice.

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

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-24-3-6 — Indiana Code / Title 32 / Article 24 / Chapter 3 / Section 32-24-3-6
Receipt of payment; execution of deed
Status: in_force

Sec. 6. Upon payment to the clerk of the circuit court and the filing of a receipt for the payment of the money in open court as a part of the proceedings of the cause, the court shall direct the clerk of the circuit court to:

(1) execute a deed conveying the title of the property to the state of Indiana; and

(2) deliver the deed to the governor.

[Pre-2002 Recodification Citation: 32-11-2-6.]

As added by P.L.2-2002, SEC.9.
Ind. Code § 32-27-3-10 — Indiana Code / Title 32 / Article 27 / Chapter 3 / Section 32-27-3-10
Attorney's fees and costs to claimant
Status: in_force

Sec. 10. If a construction professional unreasonably:

(1) disputes a home owner's claim;

(2) fails to remedy or compromise and settle the claim;

(3) fails to repair the construction defect within a reasonable time, subject to the nature of the repair or some unforeseen event not caused by the construction professional; or

(4) fails to respond to a notice;

and the claimant commences an action governed by this chapter and prevails in the action, the court may award attorney's fees and costs to the claimant.

As added by P.L.134-2003, SEC.1.
Ind. Code § 32-30-2-21 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-21
Application
Status: in_force

Sec. 21. This chapter applies, as far as applicable, to:

(1) cases and partition cases where the title to real estate is a genuine question; and

(2) the pleadings and evidence between parties concerning questions of title to real estate.

[Pre-2002 Recodification Citation: 32-15-2-21.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-33-11-5 — Indiana Code / Title 32 / Article 33 / Chapter 11 / Section 32-33-11-5
Attorney's fees
Status: in_force

Sec. 5. (a) In all suits brought for the enforcement of a lien under the provisions of this chapter, if the plaintiff or lienholder recovers a judgment in any sum, the plaintiff or lienholder may recover reasonable attorney's fees.

(b) Attorney's fees awarded under subsection (a) shall be entered by the court as a part of the judgment in the suit for the enforcement of the lien.

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

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-30-10.5-3 — Indiana Code / Title 32 / Article 30 / Chapter 10.5 / Section 32-30-10.5-3
"Debtor"
Status: in_force

Sec. 3. As used in this chapter, "debtor", with respect to a mortgage, refers to the maker of the note secured by the mortgage.

As added by P.L.105-2009, SEC.20.
Ind. Code § 32-26-1-22 — Indiana Code / Title 32 / Article 26 / Chapter 1 / Section 32-26-1-22
Rules or regulations; powers of fencing association
Status: in_force

Sec. 22. The association may pass any rules and impose reasonable fines and penalties to insure the success of the object of the association's incorporation. The association may:

(1) employ individuals to keep the fence in repair;

(2) employ gatekeepers to attend to the gates on all public highways;

(3) employ keepers of pounds to impound and care for all stock found running at large in the area enclosed by the fence;

(4) make bylaws regulating:

(A) when stock may run at large in the enclosed area; and

(B) the number of cattle, horses, and swine each landowner or occupant of lands in the enclosed area may be allowed to permit to run at large.

[Pre-2002 Recodification Citation: 32-10-1-22.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-34-8-25 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-25
Refusal to return property; summary proceedings
Status: in_force

Sec. 25. If a person with possession of the property refuses to return the property to the claimant or claims unreasonable compensation for the services and expenses in the finding and preservation of the property, the claimant may have a summary proceeding before:

(1) the court where the property was reported under this chapter if the property was reported; and

(2) any court with jurisdiction where the property is located if the property was not reported to a court under this chapter;

for the recovery of the property.

[Pre-2002 Recodification Citation: 32-9-3-25.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-21-4-0.5 — Indiana Code / Title 32 / Article 21 / Chapter 4 / Section 32-21-4-0.5
Legislative findings
Status: in_force

Sec. 0.5. For purposes of section 1 of this chapter, the general assembly makes the following findings:

(1) It is in the public interest for any conveyance, as defined in section 1(a) of this chapter, and any mortgage recorded in the office of an Indiana county recorder to not be attacked due to technical deficiencies.

(2) The ability to rely upon documents indexed and recorded in the public land records of an Indiana county recorder provides stability to the ownership of Indiana real property and to Indiana's statewide and local real estate economies.

(3) Making or keeping these subsections in section 1 of this chapter retroactive will not upset any vested substantive rights, liabilities, or duties.

(4) This section is intended to express the original legislative intent of section 1 of this chapter more clearly.

As added by P.L.2-2021, SEC.4. Amended by P.L.9-2022, SEC.67.
Ind. Code § 32-39-1-12 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-12
"Electronic communication"
Status: in_force

Sec. 12. As used in this article, "electronic communication" has the meaning set forth in 18 U.S.C. 2510(12).

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-17.5-8-5 — Indiana Code / Title 32 / Article 17.5 / Chapter 8 / Section 32-17.5-8-5
Other law
Status: in_force

Sec. 5. A disclaimer is barred or limited if the disclaimer is barred or limited by Indiana law other than this article.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-33-12-2 — Indiana Code / Title 32 / Article 33 / Chapter 12 / Section 32-33-12-2
Necessity of notice
Status: in_force

Sec. 2. A lien provided for in this chapter does not attach to crops in the hands of an innocent purchaser or dealer in the usual course of trade unless all of the notices provided for in section 1 of this chapter have been given.

[Pre-2002 Recodification Citation: 32-8-33-2.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-17.5-8-2.5 — Indiana Code / Title 32 / Article 17.5 / Chapter 8 / Section 32-17.5-8-2.5
Disclaimer barred in amount of child support arrearage
Status: in_force

Sec. 2.5. (a) This section applies to a disclaimer of an interest in property by a disclaimant who is delinquent (as defined in IC 31-9-2.1-73(b)) before the disclaimer becomes effective.

(b) A disclaimer of an interest in property is barred up to the amount of the disclaimant's child support arrearage.

As added by P.L.80-2010, SEC.52. Amended by P.L.145-2026, SEC.219.
Ind. Code § 32-35-2-15 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-15
Prejudgment order of possession
Status: in_force

Sec. 15. If the court determines, in an action under this chapter, that a prejudgment order of possession in the plaintiff's favor should issue, the court shall issue the order.

[Pre-2002 Recodification Citation: 34-21-4-8.]

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-25-2-19 — Indiana Code / Title 32 / Article 25 / Chapter 2 / Section 32-25-2-19
"To record"
Status: in_force

Sec. 19. "To record" means to record in accordance with the laws of the state.

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

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-26-8-3 — Indiana Code / Title 32 / Article 26 / Chapter 8 / Section 32-26-8-3
Notice of arbitration
Status: in_force

Sec. 3. If at least ten (10) persons claim the same property under section 1 of this chapter, the persons shall give notice to all interested persons of the time and place of the arbitration. Upon hearing all the facts and circumstances in the case, the arbitrators shall award to each person making a claim a proportion of the property as the arbitrators consider reasonable and just.

[Pre-2002 Recodification Citation: 32-10-8-3.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-24-1-11 — Indiana Code / Title 32 / Article 24 / Chapter 1 / Section 32-24-1-11
Notice of filing of appraisers' reports; exceptions to reports
Status: in_force

Sec. 11. (a) When a report of the appraisers is filed with a court under this chapter, the circuit court clerk shall send written notice of the filing of the report by certified mail to:

(1) all known parties to the action; and

(2) the attorneys of record of the parties.

(b) Any party to an action under this chapter aggrieved by the assessment of benefits or damages in a report of the appraisers may file written exceptions to the assessment in the office of the circuit court clerk. Exceptions to the assessment must be filed by a party:

(1) after the report of the appraisers is filed with the court; and

(2) not later than forty-five (45) days after the date the circuit court clerk mails the report under subsection (a).

(c) The cause shall further proceed to issue, trial, and judgment as in civil actions. The court may make orders and render findings and judgments that the court considers just. Either party may appeal a judgment as to benefits or damages as in civil actions.

(d) Forty-five (45) days after the date the circuit court clerk mails the report under subsection (a), and if the plaintiff has paid the amount of damages assessed to the circuit court clerk, any one (1) or more of the defendants may file a written request for payment of each defendant's proportionate share of the damages held by the circuit court clerk. The defendants making a request for payment must also file sufficient copies of the request for service upon the plaintiff and all other defendants not joining in the request. The defendants making the request may withdraw and receive each defendant's proportionate share of the damages upon the following terms and conditions:

(1) Each written request must:

(A) be verified under oath; and

(B) state:

(i) the amount of the proportionate share of the damages to which each of the defendants joining in the request is entitled;

(ii) the interest of each defendant joining in the request; and

(iii) the highest offer made by the plaintiff to each of the defendants for each defendant's respective interests in or damages sustained in respect to the property that has been acquired by the plaintiff.

(2) Upon the filing of a written request for withdrawal and payment of damages to any of the defendants, the circuit court clerk shall immediately issue a notice to the plaintiff and all defendants of record in the cause who have not joined in the request for payment. The notice must contain the following:

(A) The names of the parties.

(B) The number of the cause.

(C) A statement that a request for payment has been filed.

(D) A notice to appear on a day, to be fixed by the court, and show cause, if any, why the amounts requested should not be withdrawn and paid over by the circuit court clerk to those defendants requesting the amounts to be paid.

(E) A copy of the request for payment.

If a defendant not requesting payment is a nonresident of Indiana, or if that defendant's name or residence is unknown, publication and proof of the notice and request for payment shall be made as provided in section 4 of this chapter.

(3) After a hearing held after notice of a written request made under this section, the court shall determine and order the payment by the circuit court clerk of the proportionate shares of the damages due to the defendants requesting payment. Any of the defendants may appeal an order under this subdivision within the same time and in the same manner as provided for allowable appeals from interlocutory orders in civil actions.

(4) If exceptions to the appraisers' report have been duly filed by the plaintiff or any defendant, the circuit court clerk may not make payment to any defendant of any part of the damages deposited with the clerk by the plaintiff until the defendants requesting payment have filed with the circuit court clerk a written undertaking, with surety approved by the court, for the repayment to the plaintiff of all sums received by those defendants in excess of the amount or amounts awarded as damages to those defendants by the judgment of the court upon trial held on the exceptions to the assessment of damages by the appraisers. However, the court may waive the requirement of separate surety as to any defendant who is a resident freeholder of the county in which the cause is pending and who is owner of real property in Indiana that is liable to execution, not included in the real property appropriated by the plaintiff, and equal in value to the amount by which the damages to be withdrawn exceed the amount offered to the defendants as stated in their request or the amount determined by the court if the plaintiff has disputed the statement of the offer. A surety or written undertaking may not be required for a defendant to withdraw those amounts previously offered by the plaintiff to the defendant if the plaintiff has previously notified the court in writing of the amounts so offered. The liability of any surety does not exceed the amount by which the damages to be withdrawn exceed the amount offered to the defendants with whom the surety joins in the written undertaking. Each written undertaking filed with the circuit court clerk shall be immediately recorded by the clerk in the order book and entered in the judgment docket, and from the date of the recording and entry the written undertaking is a lien upon all the real property in the county owned by the several obligors, and the undertaking is also a lien upon all the real property owned by the several obligors in each county of Indiana in which the plaintiff causes a certified copy of the judgment docket entry to be recorded, from the date of the recording.

(5) The withdrawal and receipt from the circuit court clerk by any defendant of that defendant's proportionate share of the damages awarded by the appraisers, as determined by the court upon the written request and hearing, does not operate and is not considered as a waiver of any exceptions duly filed by that defendant to the assessment of damages by the appraisers.

(6) In any trial of exceptions, the court or jury shall compute and allow interest at an annual rate of eight percent (8%) on the amount of a defendant's damages from the date plaintiff takes possession of the property. Interest may not be allowed on any money paid by the plaintiff to the circuit court clerk:

(A) after the money is withdrawn by the defendant; or

(B) that is equal to the amount of damages previously offered by the plaintiff to any defendant and which amount can be withdrawn by the defendant without filing a written undertaking or surety with the court for the withdrawal of that amount.

[Pre-2002 Recodification Citation: 32-11-1-8.]

As added by P.L.2-2002, SEC.9. Amended by P.L.50-2012, SEC.1.
Ind. Code § 32-33-10.5-1 — Indiana Code / Title 32 / Article 33 / Chapter 10.5 / Section 32-33-10.5-1
"Abandoned aircraft"
Status: in_force

Sec. 1. As used in this chapter, "abandoned aircraft" means an aircraft:

(1) that is located or stored on the premises of:

(A) a public-use airport; or

(B) a fixed-base operator;

in a wrecked, inoperative, or partially dismantled condition for a period of at least sixty (60) days; and

(2) for which the owner or operator of the aircraft has not made, during the sixty (60) day period described in subdivision (1), any tie-down, hangaring, or rent payments for the use of the premises.

The term does not include an aircraft that is being repaired by a person providing services under IC 32-33-10-5.

As added by P.L.172-2019, SEC.2.
Ind. Code § 32-24-2-14 — Indiana Code / Title 32 / Article 24 / Chapter 2 / Section 32-24-2-14
Payment of damage awards
Status: in_force

Sec. 14. The works board may determine if any part of the damages awarded shall be paid out of funds appropriated for the use of the board. However, not more than two thousand dollars ($2,000) in damages may be paid out of the municipality's funds for any improvement or condemnation except under an ordinance appropriating money for the specific improvement or condemnation. All benefits assessed and collected by the fiscal officer or county treasurer are subject to draft, in the usual manner, upon certificate by the works board in favor of persons to whom damages have been awarded. Any surplus remaining above actual awards belongs to the municipality. The works board may delay proceedings until the benefits have been collected.

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

As added by P.L.2-2002, SEC.9.
Ind. Code § 32-17-11-2 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-2
"Beneficiary" defined
Status: in_force

Sec. 2. As used in this chapter, "beneficiary" means a person named in a trust account as one for whom a party to the account is named as trustee.

[Pre-2002 Recodification Citation: 32-4-1.5-1(2).]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-26-6-5 — Indiana Code / Title 32 / Article 26 / Chapter 6 / Section 32-26-6-5
Stock running at large
Status: in_force

Sec. 5. A person who owns property enclosed under this chapter may not allow stock to run at large upon the enclosed property during the period beginning March 16 and ending December 25 of any year.

[Pre-2002 Recodification Citation: 32-10-6-5.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-30-7-20 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-20
Actions by private persons; dismissal; prosecution by prosecuting attorney; costs
Status: in_force

Sec. 20. (a) This section applies to an indecent nuisance complaint under this chapter filed by a private person.

(b) The court shall not voluntarily dismiss the complaint unless:

(1) the complainant and the complainant's attorney file a sworn statement setting forth the reason why the action should be dismissed; and

(2) the dismissal is approved in writing or in open court by the prosecuting attorney of the circuit in which the alleged indecent nuisance is located.

(c) If the judge believes that the action should not be dismissed, the judge may direct the prosecuting attorney to prosecute the action to judgment at the expense of the county.

(d) If:

(1) the action is brought by a private person;

(2) the court finds that there were no reasonable grounds or probable cause for bringing said action; and

(3) the case is dismissed either:

(A) for the reason described in subdivision (2) before trial; or

(B) for want of prosecution;

the costs may be taxed to the person who brought the case.

[Pre-2002 Recodification Citation: 34-19-2-15.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-32-2-4 — Indiana Code / Title 32 / Article 32 / Chapter 2 / Section 32-32-2-4
"Camping club membership" defined
Status: in_force

Sec. 4. (a) "Camping club membership" means an agreement evidencing a purchaser's title to, interest in, or right or license to use for more than thirty (30) days the camping or outdoor recreation facilities of a camping club.

(b) The term does not include an agreement of a camping or outdoor recreation facility that expires within three hundred sixty-five (365) days after the execution date of the agreement.

[Pre-2002 Recodification Citation: 24-5-9-3.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-33-2-1 — Indiana Code / Title 32 / Article 33 / Chapter 2 / Section 32-33-2-1
Liability for liens
Status: in_force

Sec. 1. All boats, vessels, and watercraft of every description found in the waters of Indiana, including wharf boats and floating warehouses that are used for storing, receiving, and forwarding freights and that may be removed from place to place at the pleasure of the owner or owners of the watercraft, are liable for the following:

(1) A debt contracted within Indiana by the master, owner, agent, clerk, or consignee of the watercraft:

(A) on account of supplies furnished for use of the master, owner, agent, clerk, or consignee;

(B) on account of work done or service rendered for the master, owner, agent, clerk, or consignee by boatmen, mariners, laborers, or other persons; or

(C) on account of work done or materials furnished in building, repairing, fitting out, furnishing, or equipping the boat, vessel, wharf boat, floating warehouse, or watercraft.

(2) All demands or damages arising out of:

(A) a contract of affreightment made either within or outside Indiana;

(B) a willful or negligent act of the master, owner, or agent of the master or owner done in connection with the business of the boat, vessel, wharf boat, floating warehouse, or other watercraft either within or outside Indiana; or

(C) a contract relative to the transportation of persons or property entered into by the master, owner, agent, clerk, or consignee either within or outside Indiana.

(3) An injury to a person or property by the boat, vessel, wharf-boat, floating warehouse, or other watercraft, or by the owners, officers, or crew, done in connection with the business of the boat, vessel, wharf boat, floating warehouse, or other watercraft either within or without outside Indiana.

[Pre-2002 Recodification Citation: 32-8-22-1.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-33-9-6 — Indiana Code / Title 32 / Article 33 / Chapter 9 / Section 32-33-9-6
Additional compensation taken from proceeds of sale
Status: in_force

Sec. 6. Additional compensation for keeping and taking care of property referred to in section 5 of this chapter, if necessarily incurred, may be taken from the proceeds of sale under section 5 of this chapter as part of the charges.

[Pre-2002 Recodification Citation: 32-8-30-6.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-29-6-7 — Indiana Code / Title 32 / Article 29 / Chapter 6 / Section 32-29-6-7
"Record"
Status: in_force

Sec. 7. As used in this chapter, "record" means to record with the county recorder.

[Pre-2002 Recodification Citation: 32-8-15.5-7.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-18-1-15 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-15
Examination of assignor or transferee
Status: reserved

Sec. 15. (a) If a creditor or the trustee, by verified petition, asks the court for the examination of the assignor or any person to whom any part of the person's property has been transferred within six (6) months before the assignment, the circuit or superior court may issue an order for the examination of:

(1) the assignor;

(2) a person or officer of a corporation to whom a transfer is believed to have been fraudulently made;

(3) a person or officer of an association to whom a transfer is believed to have been fraudulently made; and

(4) a person alleged to have been concerned in the transfer.

(b) A person described in subsection (a) may be brought before the court and, on oath, be compelled to answer all questions put to the person pertinent to the alleged transaction. The court may stay further transfers and subject property that has been fraudulently withheld or transferred to the operation of the general trust. The assignor or person shall be interrogated or be compelled to answer all questions concerning the disposition of the property of the assignor. The assignor may be interrogated and compelled to answer all questions concerning the management of the assignor's business and affairs for the six (6) months before the assignment. The assignor shall be compelled to produce all books, papers, and accounts in reference to the assignor's business affairs during the six (6) months preceding the assignment.

[Pre-2002 Recodification Citation: 32-12-1-15.]

As added by P.L.2-2002, SEC.3. Amended by P.L.9-2022, SEC.66.
Ind. Code § 32-19.5-2-2 — Indiana Code / Title 32 / Article 19.5 / Chapter 2 / Section 32-19.5-2-2
Division of Indiana into statewide zone layer and multizone layer
Status: in_force

Sec. 2. (a) For purposes of the use of the INPCS, Indiana is divided into a statewide zone layer and a multizone layer.

(b) The statewide zone layer:

(1) consists of a single zone, which is constituted by the total area included in Indiana;

(2) should generally be used for applications such as:

(A) a statewide digital orthoimagery;

(B) a statewide geographic information system; and

(C) emergency management and preparedness mapping; and

(3) should generally not be used for applications such as:

(A) original, retracement, or route surveys, as described in 865 IAC 1-12;

(B) describing real property; and

(C) the design and construction of large facilities or massive civil infrastructure such as manufacturing plants, bridges, and dams.

(c) The multizone layer:

(1) consists of multiple LDP zones that are constituted by the areas included in individual counties or specified groups of counties; and

(2) should generally be used for applications such as:

(A) original, retracement, or route surveys, as described in 865 IAC 1-12;

(B) describing real property;

(C) the design and construction of large facilities or massive civil infrastructure such as manufacturing plants, bridges, and dams; and

(D) city or county geographic information systems.

As added by P.L.147-2026, SEC.18.
Ind. Code § 32-25-2-13 — Indiana Code / Title 32 / Article 25 / Chapter 2 / Section 32-25-2-13
"Declaration"
Status: in_force

Sec. 13. "Declaration" means the instrument by which the property is submitted to this article. The term refers to a declaration as it may be lawfully amended from time to time.

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

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-18-2-19 — Indiana Code / Title 32 / Article 18 / Chapter 2 / Section 32-18-2-19
Statutes of limitation; extinguishment of claim for relief
Status: in_force

Sec. 19. A claim for relief with respect to a transfer or obligation under this chapter is extinguished unless brought as follows:

(1) If brought under section 14(a)(1) of this chapter, an action is extinguished unless brought not later than the later of the following:

(A) Four (4) years after the transfer was made or the obligation was incurred.

(B) One (1) year after the transfer or obligation was or could reasonably have been discovered by the claimant.

(2) If brought under section 14(a)(2) or 15 of this chapter, an action is extinguished unless it is brought not later than four (4) years after the transfer was made or the obligation was incurred.

[Pre-2002 Recodification Citation: 32-2-7-19.]

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.17.
Ind. Code § 32-30-5-17 — Indiana Code / Title 32 / Article 30 / Chapter 5 / Section 32-30-5-17
Receiver's report; hearing; notice
Status: in_force

Sec. 17. (a) Except as provided in subsection (d), upon the filing of an account or report, the clerk of the court in which the receivership is pending shall give notice of the date on which the account or report is to be heard and determined by the court.

(b) The clerk shall give the notice required by subsection (a) by publication, once each week for three (3) successive weeks in two (2) newspapers of general circulation published or circulated within the county.

(c) The date in the notice on which the account or report is to be heard and determined by the court shall be fixed not less than thirty (30) days after the date of the filing of the account or report.

(d) Publication is not required under this section if the receivership is ancillary to a mortgage foreclosure.

[Pre-2002 Recodification Citation: 34-48-4-4.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-21-4-2 — Indiana Code / Title 32 / Article 21 / Chapter 4 / Section 32-21-4-2
Assignment, mortgage, or pledge of rents and profits as security; recording; immediate perfection
Status: in_force

Sec. 2. (a) This section applies to an instrument regardless of when the instrument was recorded, except that this section does not divest rights that vested before May 1, 1993.

(b) An assignment, a mortgage, or a pledge of rents and profits arising from real estate that is intended as security, whether contained in a separate instrument or otherwise, must be recorded under section 1 of this chapter.

(c) When an assignment, a mortgage, or a pledge of rents and profits is recorded under subsection (b), the security interest of the assignee, mortgagee, or pledgee is immediately perfected as to the assignor, mortgagor, pledgor, and any third parties:

(1) regardless of whether the assignment, mortgage, or pledge is operative:

(A) immediately;

(B) upon the occurrence of a default; or

(C) under any other circumstances; and

(2) without the holder of the security interest taking any further action.

(d) This section does not apply to security interests in:

(1) farm products;

(2) accounts or general intangibles arising from or relating to the sale of farm products by a farmer;

(3) timber to be cut; or

(4) minerals or the like (including oil and gas);

that may be perfected under IC 26-1-9.1.

[Pre-2002 Recodification Citation: 32-1-2-16.3.]

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-19.5-3-3 — Indiana Code / Title 32 / Article 19.5 / Chapter 3 / Section 32-19.5-3-3
Coordinates purporting to define position on land boundary map; recording requirements
Status: in_force

Sec. 3. Coordinates based on the Indiana coordinate system of 1927 (as described in IC 32-19), the Indiana coordinate system of 1983 (as described in IC 32-19), the INPCS, or any other coordinate system published by an agency of the federal government or the state, including the Indiana Geospatial Coordinate System, purporting to define the position of a point on a land boundary map may not be presented to be recorded in any public land records or deed records unless the recording document contains the following:

(1) The method used to relate the coordinates to the NSRS.

(2) The name and zone of the coordinate system, including the following metadata:

(A) Reference frame or datum.

(B) Datum realization.

(C) Epoch.

(D) Units.

As added by P.L.147-2026, SEC.18.
Ind. Code § 32-17.5-6-1 — Indiana Code / Title 32 / Article 17.5 / Chapter 6 / Section 32-17.5-6-1
Disclaimer by trustee
Status: in_force

Sec. 1. If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-30-3-5 — Indiana Code / Title 32 / Article 30 / Chapter 3 / Section 32-30-3-5
Hearing on order to show cause; court determinations; prejudgment orders; appointment of receiver
Status: in_force

Sec. 5. (a) After the hearing on the order to show cause, the court shall:

(1) consider the pleadings, evidence, and testimony presented at the hearing; and

(2) determine with reasonable probability which party is entitled to possession, use, and enjoyment of the property.

The court's determination is preliminary pending final adjudication of the claims of the parties. If the court determines that the action is an action in which a prejudgment order of possession in plaintiff favor should issue, the court shall issue the order.

(b) The court may issue the prejudgment order of possession in favor of the plaintiff if the defendant fails to appear at the hearing on the order to show cause.

(c) If the plaintiff's property has a peculiar value that cannot be compensated by damages, the court may appoint a receiver to take possession of and hold the property until further order of the court.

[Pre-2002 Recodification Citation: 32-6-1.5-5.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-34-1.5-85 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-85
General purpose of uniformity among states
Status: in_force

Sec. 85. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-25-8-9 — Indiana Code / Title 32 / Article 25 / Chapter 8 / Section 32-25-8-9
Insurance; co-owners
Status: in_force

Sec. 9. (a) The co-owners, through the association of co-owners, shall purchase:

(1) a master casualty policy, payable as part of the common expenses, affording fire and extended coverage in an amount consonant with the full replacement value of the improvement that in whole or in part comprises the common areas and facilities; and

(2) a master liability policy in an amount:

(A) required by the bylaws;

(B) required by the declaration; or

(C) revised from time to time by a decision of the board of directors of the association.

(b) The policy referred to in subsection (a)(2) shall cover:

(1) the association of co-owners;

(2) the executive organ, if any;

(3) the managing agent, if any;

(4) all persons acting, or who may come to act, as agents or employees of any of the entities referred to in subdivisions (1) through (3) with respect to:

(A) the condominium;

(B) all condominium unit owners; and

(C) all other persons entitled to occupy any unit or other portions of the condominium.

(c) Other policies required by the condominium instruments may be obtained by the co-owners through the association, including:

(1) worker's compensation insurance;

(2) liability insurance on motor vehicles owned by the association;

(3) specialized policies covering land or improvements on which the association has or shares ownership or other rights; and

(4) officers' and directors' liability policies.

(d) When any policy of insurance has been obtained by or on behalf of the association of co-owners, the officer required to send notices of meetings of the association of co-owners shall promptly furnish to each co-owner or mortgagee whose interest may be affected written notice of:

(1) the obtainment of the policy; and

(2) any subsequent changes to or termination of the policy.

[Pre-2002 Recodification Citation: 32-1-6-18.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-21-2-9 — Indiana Code / Title 32 / Article 21 / Chapter 2 / Section 32-21-2-9
Acknowledgment incomplete without certificate
Status: in_force

Sec. 9. An instrument's acknowledgment or proof as required under section 3 of this chapter is incomplete when the instrument does not include the certificate described in IC 33-42-9-12.

[Pre-2002 Recodification Citation: 32-1-2-26.]

As added by P.L.2-2002, SEC.6. Amended by P.L.185-2021, SEC.41.
Ind. Code § 32-24-5-3 — Indiana Code / Title 32 / Article 24 / Chapter 5 / Section 32-24-5-3
Oil and gas leases; drilling into gas storage stratum
Status: in_force

Sec. 3. (a) The rights acquired by condemnation under this chapter must be without prejudice to the rights and interests of the owners or their lessees to:

(1) execute oil and gas leases;

(2) drill or bore to any other strata or formation not condemned; and

(3) produce oil and gas discovered.

However, any drilling and all operations in connection with the drilling must be performed in a manner that protects the strata or formations condemned against the loss of gas and against contamination of the reservoir by water, oil, or other substance that will affect the use of the condemned strata or formations for gas storage purposes.

(b) If the owners of mineral rights or the owners' lessees drill into land in which gas storage rights have been condemned under this chapter, the owners of mineral rights or their lessees shall give notice to the owner of the gas storage stratum, formation, or horizon at least thirty (30) days before commencing the drilling. The notice must specify the location and nature of the operations, including the depth to be drilled. The notice must be given by United States registered or certified mail, return receipt requested, and addressed to the usual business address of the owner or owners of the gas storage stratum or formation condemned under this chapter.

(c) It is the duty of the owner of a gas storage stratum or formation to designate all necessary procedures for protecting the gas storage area. The actual costs incurred over and above customary and usual drilling and other costs that would have been incurred without compliance with the requirements shall be borne by the owner of the gas storage stratum or formation. An owner or lessee of mineral interests other than gas storage rights is not responsible for an act done under such a requirement or the consequences of this act.

[Pre-2002 Recodification Citation: 32-11-4-3.]

As added by P.L.2-2002, SEC.9. Amended by P.L.291-2019, SEC.14.
Ind. Code § 32-29-10-6 — Indiana Code / Title 32 / Article 29 / Chapter 10 / Section 32-29-10-6
Impairment or injury by passage of time
Status: in_force

Sec. 6. Notwithstanding any other Indiana statute, the lien of a series mortgage may not be impaired or injured by the passage of time other than as provided in section 5 of this chapter.

[Pre-2002 Recodification Citation: 32-8-19-3.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-39-1-21 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-21
"Principal"
Status: in_force

Sec. 21. As used in this article, "principal" means an individual who grants authority to an attorney in fact in a power of attorney.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-23-10-7 — Indiana Code / Title 32 / Article 23 / Chapter 10 / Section 32-23-10-7
Dormant mineral interest record
Status: in_force

Sec. 7. Upon the filing of the statement of claim specified in section 4 of this chapter or the proof of service of notice specified in section 6 of this chapter in the recorder's office for the county where a mineral interest is located, the recorder shall:

(1) record the filing in a book to be kept for that purpose, to be known as the "dormant mineral interest record"; and

(2) indicate by marginal notation on the instrument creating the original mineral interest the filing of the statement of claim or affidavit of publication and service of notice.

[Pre-2002 Recodification Citation: 32-5-11-7.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-25-8-2 — Indiana Code / Title 32 / Article 25 / Chapter 8 / Section 32-25-8-2
Bylaws; contents
Status: in_force

Sec. 2. The bylaws must provide for the following:

(1) With respect to the board of directors:

(A) the election of the board from among the co-owners;

(B) the number of persons constituting the board;

(C) the expiration of the terms of at least one-third (1/3) of the directors annually;

(D) the powers and duties of the board, including whether the board may engage the services of a manager or managing agent;

(E) the compensation, if any, of the directors; and

(F) the method of removal from office of directors.

(2) The method of calling meetings of the co-owners and the percentage, if other than a majority of co-owners, that constitutes a quorum.

(3) The election from among the board of directors of a president, who shall preside over the meetings of:

(A) the board of directors; and

(B) the association of co-owners.

(4) The election of a secretary, who shall keep the minute book in which resolutions shall be recorded.

(5) The election of a treasurer, who shall keep the financial records and books of account.

(6) The maintenance, repair, and replacement of the common areas and facilities and payments for that maintenance, repair, and replacement, including the method of approving payment vouchers.

(7) The manner of collecting from each condominium owner the owner's share of the common expenses.

(8) The designation and removal of personnel necessary for the maintenance, repair, and replacement of the common areas and facilities.

(9) The method of adopting and of amending administrative rules governing the details of the operation and use of the common areas and facilities.

(10) The restrictions on and requirements respecting the use and maintenance of the condominium units and the use of the common areas and facilities that are:

(A) not set forth in the declaration; and

(B) designed to prevent unreasonable interference with the use of their respective units and of the common areas and facilities by the several co-owners.

(11) The percentage of votes required to amend the bylaws. The percentage may not exceed seventy-five percent (75%).

(12) A statement of the percentage of votes by the condominium unit owners required to convey or encumber part or all of the common areas and facilities. A statement under this subdivision may not allow less than ninety-five percent (95%) of the condominium unit owners, or less than ninety-five percent (95%) of the owners of condominium units not owned by the declarant, to convey or encumber part or all of the common areas and facilities. If the bylaws do not include a statement under this subdivision, IC 32-25-4-3.5 applies.

(13) Other provisions consistent with this article considered necessary for the administration of the property.

[Pre-2002 Recodification Citation: 32-1-6-26.]

As added by P.L.2-2002, SEC.10. Amended by P.L.181-2007, SEC.4; P.L.119-2012, SEC.163; P.L.141-2015, SEC.3.
Ind. Code § 32-27-2-10 — Indiana Code / Title 32 / Article 27 / Chapter 2 / Section 32-27-2-10
Breach of warranty; actions against builder; damages; attorney's fees
Status: in_force

Sec. 10. (a) If a builder provides and breaches a warranty set forth in section 8 or 8.5 of this chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 before their repeal), the home buyer may bring an action against the builder for:

(1) damages arising from the breach; or

(2) specific performance.

(b) If damages are awarded for a breach of a warranty set forth in section 8 or 8.5 of this chapter (or IC 34-4-20.5-8 or IC 32-15-7-8 before their repeal), the award may be for not more than:

(1) the actual damages, which are either:

(A) the amount necessary to effect repair of the defect that is the cause of the breach; or

(B) the amount of the difference between the value of the new home without the defect and the value of the new home with the defect;

(2) the reasonably foreseeable consequential damages arising from the defect covered by the warranty; and

(3) attorney's fees, if those fees are provided for in the written contract between the parties.

[Pre-2002 Recodification Citation: 32-15-7-10.]

As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.12.
Ind. Code § 32-30-16-9 — Indiana Code / Title 32 / Article 30 / Chapter 16 / Section 32-30-16-9
Communications service made available by electricity supplier; notice in member or customer agreement; consent to expansion of easement; signature required; tenant occupied property; owner signed master agreement or affidavit
Status: in_force

Sec. 9. (a) An electricity supplier that makes communications service available to a property owner through communications infrastructure that is installed or will be installed within an electric easement shall include in any:

(1) member agreement;

(2) customer agreement; or

(3) other similar agreement;

related to the communications service a provision notifying a property owner that takes or will take communications service from the electricity supplier, or from any affiliated entity, that by signing the agreement for communications service, the property owner expressly consents to the expansion of the electric easement that the electricity supplier has with the property owner to include communications infrastructure.

(b) Subject to subsection (c), the agreement that includes the notice described in subsection (a) must:

(1) be signed by the property owner or the property owner's designated agent; and

(2) include a statement that anyone other than the property owner or the property owner's designated agent may be:

(A) subject to penalties for perjury; and

(B) liable for any just compensation provided for by law;

for signing the agreement without the consent of the property owner or the property owner's designated agent.

(c) In the case of tenant occupied property, the owner of the property that is leased or rented, or the owner's designated agent, may sign a master agreement that:

(1) includes the statement described in subsection (b)(2); and

(2) gives consent to the electricity supplier to expand an electric easement on the property owner's property to include communications infrastructure for all units on the property owner's property.

A tenant may not sign a master agreement under this subsection on behalf of the property owner. However, a tenant may provide to the electricity supplier a notarized affidavit that is signed by the property owner or the property owner's designated agent and that gives consent to the expansion of an electric easement to include communications infrastructure on the property owner's property. This subsection may not be interpreted as imposing on the property owner any duty, liability, or other obligation that may exist between the electricity supplier and the tenant customer with respect to the provision of communications service.

(d) Upon signing:

(1) an agreement under subsection (a) to take communications service from the electricity supplier, or from any affiliated entity; or

(2) a master agreement or a notarized affidavit under subsection (c) that gives consent to the expansion of an electric easement to include communications infrastructure for all units or for a particular unit on the property owner's property, as applicable;

the property owner is not entitled to any additional compensation for the expansion of the electric easement to include communications infrastructure, other than the value of being provided access to any communications service that the electricity supplier may offer and to which the property owner may elect to subscribe.

(e) This section may not be interpreted as affecting the terms of any member agreement an electricity supplier has with the electricity supplier's members with respect to the provision of:

(1) electric service; or

(2) communications service;

within an easement that by its terms expressly provides for the installation of communications infrastructure, as described in section 1(c)(2) of this chapter.

As added by P.L.236-2017, SEC.1.
Ind. Code § 32-30-7-14 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-14
Restraining orders; service; inventory
Status: in_force

Sec. 14. If a restraining order is issued under section 9(b) or 13 of this chapter:

(1) the restraining order shall be served under section 9(c) of this chapter; and

(2) the inventory of the property shall be made and filed as provided in section 9(d) of this chapter.

[Pre-2002 Recodification Citation: 34-19-2-9.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-25.5-3.9-7 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.9 / Section 32-25.5-3.9-7
Homeowners association allowing for provision of child care before July 1, 2026, not affected; other laws regarding provision of child care not affected
Status: in_force

Sec. 7. This chapter does not affect:

(1) a homeowners association that allowed for the operation of providing child care in a single family residence before July 1, 2026; or

(2) the application of any other laws that apply to providing child care.

As added by P.L.53-2026, SEC.7.
Ind. Code § 32-34-9-10 — Indiana Code / Title 32 / Article 34 / Chapter 9 / Section 32-34-9-10
Contract for sale of standing trees or standing timber
Status: in_force

Sec. 10. A contract for the sale of standing trees or standing timber may not be enforced by a legal action unless the contract or some memorandum of the contract is in writing and signed by the person to be charged or the person's duly authorized agent.

[Pre-2002 Recodification Citation: 32-9-5-13.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-28-3-16 — Indiana Code / Title 32 / Article 28 / Chapter 3 / Section 32-28-3-16
Waiver of right to a lien voiding contract
Status: in_force

Sec. 16. (a) This section applies to a construction contract for the construction, alteration, or repair of a building or structure other than:

(1) a Class 2 structure (as defined in IC 22-12-1-5) or an improvement on the same real estate auxiliary to a Class 2 structure (as defined in IC 22-12-1-5); or

(2) property that is:

(A) owned, operated, managed, or controlled by a public utility (as defined in IC 8-1-2-1), a municipally owned utility (as defined in IC 8-1-2-1), a joint agency (as defined in IC 8-1-2.2-2), a rural electric membership corporation formed under IC 8-1-13-4, rural communications cooperative corporation formed under IC 8-1-17, or a not-for-profit utility (as defined in IC 8-1-2-125) regulated under IC 8; and

(B) intended to be used and useful for the production, transmission, delivery, or furnishing of heat, light, water, telecommunications services, or power to the public.

(b) A provision in a contract for the improvement of real estate in Indiana is void if the provision requires a person described in section 1 of this chapter who furnishes labor, materials, or machinery to waive a right to:

(1) a lien against real estate; or

(2) a claim against a payment bond;

before the person is paid for the labor or materials furnished.

(c) A provision in a contract for the improvement of real estate in Indiana under which one (1) or more persons agree not to file a notice of intention to hold a lien is void.

[Pre-2002 Recodification Citation: 32-8-3-16.]

As added by P.L.2-2002, SEC.13. Amended by P.L.101-2002, SEC.7; P.L.81-2020, SEC.20.
Ind. Code § 32-36-1-12 — Indiana Code / Title 32 / Article 36 / Chapter 1 / Section 32-36-1-12
Additional remedies
Status: in_force

Sec. 12. In addition to any damages awarded under section 10 of this chapter, the court:

(1) shall award to the prevailing party reasonable attorney's fees, costs, and expenses relating to an action under this chapter; and

(2) may order temporary or permanent injunctive relief, except as provided by section 13 of this chapter.

[Pre-2002 Recodification Citation: 32-13-1-12.]

As added by P.L.2-2002, SEC.21.
Ind. Code § 32-28-13-1.5 — Indiana Code / Title 32 / Article 28 / Chapter 13 / Section 32-28-13-1.5
"Public employee"
Status: in_force

Sec. 1.5. As used in this chapter, "public employee" means an individual who is an employee in the executive, judicial, or legislative branch of:

(1) the state or a political subdivision (as defined in IC 5-11-10.5-1); or

(2) the federal government;

in Indiana.

As added by P.L.191-2015, SEC.3.
Ind. Code § 32-21-2-13 — Indiana Code / Title 32 / Article 21 / Chapter 2 / Section 32-21-2-13
Conveyances dividing single property tax tracts into multiple parcels; requirements for recording
Status: in_force

Sec. 13. (a) Except as provided in subsection (c), if the auditor of the county or the township assessor (if any) under IC 6-1.1-5-9 and IC 6-1.1-5-9.1 determines it necessary, an instrument transferring fee simple title to less than the whole of a tract that will result in the division of the tract into at least two (2) parcels for property tax purposes may not be recorded unless the auditor or township assessor is furnished a drawing or other reliable evidence of the following:

(1) The number of acres in each new tax parcel being created.

(2) The existence or absence of improvements on each new tax parcel being created.

(3) The location within the original tract of each new tax parcel being created.

(b) Any instrument that is accepted for recording and placed of record that bears the endorsement required by IC 36-2-11-14 is presumed to comply with this section.

(c) If the duties of the township assessor have been transferred to the county assessor as described in IC 6-1.1-1-24, a reference to the township assessor in this section is considered to be a reference to the county assessor.

[Pre-2002 Recodification Citation: 32-1-2-37(b).]

As added by P.L.2-2002, SEC.6. Amended by P.L.219-2007, SEC.100; P.L.146-2008, SEC.673.
Ind. Code § 32-21-2.5-12 — Indiana Code / Title 32 / Article 21 / Chapter 2.5 / Section 32-21-2.5-12
Recording a copy of an electronic record
Status: in_force

Sec. 12. (a) The recorder shall record a paper or tangible copy of an electronic record (as defined in IC 26-2-8-102) that is otherwise eligible under Indiana law to be recorded if the paper or tangible copy of the electronic record:

(1) contains an image of an electronic signature or signatures;

(2) contains an acknowledgment or proof as required by IC 32-21-2-3; and

(3) has been certified by a notarial officer, as described in IC 33-42-9-7(a), to be a true and correct copy of the electronic record as provided in subsection (c).

(b) A printed document that is a paper or tangible copy of an electronic record and certified to be a true and correct copy as described in subsection (c) satisfies any requirement of law that, as a condition for recording, requires the printed document to:

(1) be an original or be in writing;

(2) be signed or contain an original signature if the document contains an electronic signature of the person required to sign the document; and

(3) have an acknowledgment or proof according to Indiana law if the document contains an electronic signature of the notarial officer authorized to perform that act and all other information required to be included.

(c) A notarial officer who makes an acknowledgment or proof under IC 32-21 or IC 33-42 may certify that a paper or tangible copy of an electronic record is a true and correct copy of an electronic record by:

(1) executing and attaching the notarial officer's official seal to a tangible paper certificate; or

(2) affixing or attaching the certificate to the paper or tangible copy of an electronic record.

(d) The form of the certificate required under subsection (c) must be substantially as follows:

"State of __________

County of __________

I certify that the foregoing and attached document entitled __________ (insert document title), dated __________ (insert document date) and containing _____ pages, is a true and correct copy of an electronic record printed by me or under my supervision. I further certify that, at the time of printing, no security features present on the electronic record indicated any changes or errors in an electronic signature or other information in the electronic record after the electronic record's creation or execution.

Signed this _____ day of _____, _____

__________ (signature of notarial officer)

__________ (printed name of notarial officer)

__________ (include notarial officer's commission number, official seal, commission county of residence or employment, and commission expiration date as required by applicable law).".

As added by P.L.185-2021, SEC.49.
Ind. Code § 32-28-12-5 — Indiana Code / Title 32 / Article 28 / Chapter 12 / Section 32-28-12-5
Parties; consolidation of actions; insufficient proceeds of sale
Status: in_force

Sec. 5. (a) In an action brought under this chapter, all persons whose liens are recorded under section 2 of this chapter may be made parties to the action. Issues shall be made up and trials had as in other cases.

(b) The court may, when several actions are pending by different claimants to enforce liens under this chapter, order that the cases be consolidated. If the proceeds of the sale of the corporation's property or the corporation's earnings are insufficient to pay and satisfy the claimants in full, the court shall order the claimants to be paid in proportion to the amount due each, and the sale shall be made without prejudice to the rights of any prior encumbrances, owner, or other persons not parties to the action.

[Pre-2002 Recodification Citation: 32-8-24-4.]

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-29-7-12 — Indiana Code / Title 32 / Article 29 / Chapter 7 / Section 32-29-7-12
Owner's right to crops
Status: in_force

Sec. 12. If the record owner of the fee simple title has the right under section 11 of this chapter to retain possession of the mortgaged premises or any part of the mortgaged premises until the foreclosure sale, the owner may, at any time within one (1) year after the commencement of the foreclosure action, enter the premises to care for and harvest any crops growing at the time of the commencement of the foreclosure action on all or part of the mortgaged premises.

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

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-21-4-3 — Indiana Code / Title 32 / Article 21 / Chapter 4 / Section 32-21-4-3
Instrument of defeasance
Status: in_force

Sec. 3. (a) This section applies when a deed:

(1) purports to contain an absolute conveyance of any estate in land; and

(2) is made or intended to be made defeasible by:

(A) a deed of defeasance;

(B) a bond; or

(C) another instrument.

(b) The original conveyance is not defeated or affected against any person other than the maker of the defeasance, the heirs or devisees of the maker of the defeasance, or persons having actual notice of the defeasance unless the instrument of defeasance is:

(1) a deed of defeasance or bond that is recorded in the manner provided by law within ninety (90) days after the date of the deed; or

(2) another instrument that:

(A) is in a form required by the deed;

(B) contains an accurate legal description of the estate in land;

(C) is dated;

(D) has been acknowledged before a notary public;

(E) has been made for consideration; and

(F) is recorded in the manner provided by law within ninety (90) days after the date of the deed.

[Pre-2002 Recodification Citation: 32-1-2-17.]

As added by P.L.2-2002, SEC.6. Amended by P.L.1-2003, SEC.82; P.L.156-2005, SEC.1.
Ind. Code § 32-38-2-5 — Indiana Code / Title 32 / Article 38 / Chapter 2 / Section 32-38-2-5
"Personal representative"
Status: in_force

Sec. 5. "Personal representative" has the meaning set forth in IC 29-1-1-3.

As added by P.L.95-2007, SEC.19.
Ind. Code § 32-17.5-3-6 — Indiana Code / Title 32 / Article 17.5 / Chapter 3 / Section 32-17.5-3-6
Disclaimer not a transaction, assignment, or release
Status: in_force

Sec. 6. A disclaimer made under this article is not a transfer, an assignment, or a release.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-18-2-17 — Indiana Code / Title 32 / Article 18 / Chapter 2 / Section 32-18-2-17
Remedies of creditor
Status: in_force

Sec. 17. (a) In an action for relief against a transfer or an obligation under this chapter, a creditor, subject to the limitations in section 18 of this chapter, may obtain any of the following:

(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim.

(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by IC 34-25-2-1 or any other applicable statute providing for attachment or other provisional remedy against debtors generally.

(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure, any of the following:

(A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred, its proceeds, or of other property.

(B) Appointment of a receiver to take charge of the asset transferred or of the property of the transferee.

(C) Any other relief the circumstances require.

(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court orders, may levy execution on the asset transferred or its proceeds.

[Pre-2002 Recodification Citation: 32-2-7-17.]

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-26-2-12 — Indiana Code / Title 32 / Article 26 / Chapter 2 / Section 32-26-2-12
Judgment; trespass not committed by animal confined
Status: in_force

Sec. 12. If the verdict or finding in a trial under this chapter is that the stray animal confined under section 4 of this chapter did not commit the trespass, a judgment shall be entered against the person who confined the stray animal for all costs and damages that are assessed.

[Pre-2002 Recodification Citation: 32-10-2-12.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-28-15-6 — Indiana Code / Title 32 / Article 28 / Chapter 15 / Section 32-28-15-6
"Service provider"
Status: in_force

Sec. 6. As used in this chapter, "service provider" means a person that provides services or products to a consumer.

As added by P.L.62-2024, SEC.1.
Ind. Code § 32-21-3-1 — Indiana Code / Title 32 / Article 21 / Chapter 3 / Section 32-21-3-1
"Conveyance"
Status: in_force

Sec. 1. As used in this chapter, "conveyance" means:

(1) an instrument of writing concerning land or an interest in land, except a last will and testament;

(2) a lease for a term not exceeding three (3) years; or

(3) an executory contract for the sale and purchase of land;

for purposes of the acknowledgment or proof of the instrument, lease, or contract, the recording of the instrument, lease, or contract, and the force and effect of that recording.

[Pre-2002 Recodification Citation: 32-1-2-31.]

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-17-8-4.5 — Indiana Code / Title 32 / Article 17 / Chapter 8 / Section 32-17-8-4.5
Lifetime transfer of property; inter vivos transfer of property; limited power of appointment to spouse
Status: in_force

Sec. 4.5. For all purposes under this chapter and IC 30-4-5-26, this section applies only to a lifetime or inter vivos transfer of property to a trust or similar arrangement under which the spouse of the transferor is granted a limited power of appointment ("earlier power") that can be exercised during the spouse's lifetime or upon the spouse's death to create a subsequent limited power of appointment or another nonvested property interest. The exercise of the earlier power or another nonvested property interest is considered to have been created at the time of the creation of the earlier power by the transferor.

As added by P.L.105-2026, SEC.11.
Ind. Code § 32-30-8-11 — Indiana Code / Title 32 / Article 30 / Chapter 8 / Section 32-30-8-11
Order to vacate
Status: in_force

Sec. 11. Notwithstanding any other provision of law, and in addition to or as a component of a remedy ordered under section 10 of this chapter, the court, after a hearing, may order a tenant that created a nuisance on the property leased by the tenant to vacate the property within seventy-two (72) hours after the issuance of the order.

[Pre-2002 Recodification Citation: 34-19-3-11.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-17-14-11 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-11
Transfer on death deeds
Status: in_force

Sec. 11. (a) A transfer on death deed transfers the interest provided to the beneficiary if the transfer on death deed is:

(1) executed by the owner or owner's legal representative; and

(2) recorded with the recorder of deeds in the county in which the real property is situated before the death of the owner.

(b) A transfer on death deed is void if it is not recorded with the recorder of deeds in the county in which the real property is situated before the death of the owner.

(c) A transfer on death deed is not required to be supported by consideration or delivered to the grantee beneficiary.

(d) A transfer on death deed may be used to transfer an interest in real property to either a revocable or an irrevocable trust.

(e) If the owner records a transfer on death deed, the effect of the recording the transfer on death deed is determined as follows:

(1) If the owner's interest in the real property is as a tenant by the entirety, the conveyance is inoperable and void unless the other spouse joins in the conveyance.

(2) If the owner's interest in the real property is as a joint tenant with rights of survivorship, the conveyance severs the joint tenancy and the cotenancy becomes a tenancy in common.

(3) If the owner's interest in the real property is as a joint tenant with rights of survivorship and the property is subject to a beneficiary designation, a conveyance of any joint owner's interest has no effect on the original beneficiary designation for the nonsevering joint tenant.

(4) If the owner's interest is as a tenant in common, the owner's interest passes to the beneficiary as a transfer on death transfer.

(5) If the owner's interest is a life estate determined by the owner's life, the conveyance is inoperable and void.

(6) If the owner's interest is any other interest, the interest passes in accordance with this chapter and the terms and conditions of the conveyance establishing the interest. If a conflict exists between the conveyance establishing the interest and this chapter, the terms and conditions of the conveyance establishing the interest prevail.

(f) A beneficiary designation in a transfer on death deed may be worded in substance as "(insert owner's name) conveys and warrants (or quitclaims) to (insert owner's name), TOD to (insert beneficiary's name)". This example is not intended to be exhaustive.

(g) A transfer on death deed using the phrase "pay on death to" or the abbreviation "POD" may not be construed to require the liquidation of the real property being transferred.

(h) This section does not preclude other methods of conveying real property that are permitted by law and have the effect of postponing enjoyment of an interest in real property until after the death of the owner. This section applies only to transfer on death deeds and does not invalidate any deed that is otherwise effective by law to convey title to the interest and estates provided in the deed.

(i) The endorsement of the county auditor under IC 36-2-11-14 and IC 36-2-9-18 is necessary to record a transfer on death deed under this section.

(j) For a transfer on death deed executed after June 30, 2025, the transfer on death deed may include the following warning:

"WARNING: After the death of the owner, the owner's insurance policy is required by IC 27-1-13-18 to cover the real property transferred for a period of time as set forth in IC 27-1-13-18(e) and IC 27-1-13-18(f). Once the period of time as set forth in IC 27-1-13-18(e) and IC 27-1-13-18(f) expires, the insurance policy may no longer cover the real property and the beneficiary of a transfer on death deed and the real property may become uninsured.".

A transfer on death deed is not invalid due to the failure to include the warning described in this subsection, or due to a defect in the wording of the warning described in this subsection.

As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.30; P.L.36-2011, SEC.13; P.L.2-2024, SEC.2; P.L.99-2024, SEC.19; P.L.6-2025, SEC.2.
Ind. Code § 32-25.5-3-3.3 — Indiana Code / Title 32 / Article 25.5 / Chapter 3 / Section 32-25.5-3-3.3
Failure to achieve quorum at annual budget meeting after expiration of fifth year after first sale of lot or unit by developer; adoption of annual budget for ensuing year; allowable amount; express provision in governing documents required
Status: in_force

Sec. 3.3. (a) This section applies to a homeowners association after the expiration of the fifth year following the first sale of a lot or unit by a developer to a person that is not affiliated with the developer.

(b) If the number of members of the homeowners association in attendance at a meeting held under section 3(d) of this chapter do not constitute a quorum as defined in the governing documents of the homeowners association, the board may adopt an annual budget for the homeowners association for the ensuing year in an amount that does not exceed the lesser of:

(1) one hundred five percent (105%) of the amount of the last approved homeowners association budget; or

(2) the last approved homeowners association budget increased by the average increase of the Consumer Price Index, published by the United States Bureau of Labor Statistics, for housing in the midwest region for the prior twelve (12) months.

(c) The governing documents of the homeowners association must expressly allow a board to adopt a budget in the manner described in subsection (b) without a quorum.

As added by P.L.53-2026, SEC.5.
Ind. Code § 32-23-12-13 — Indiana Code / Title 32 / Article 23 / Chapter 12 / Section 32-23-12-13
Court costs
Status: in_force

Sec. 13. The court costs related to the proceedings allowed under this chapter must be paid by the plaintiff.

As added by P.L.94-2009, SEC.1.
Ind. Code § 32-21-2-7 — Indiana Code / Title 32 / Article 21 / Chapter 2 / Section 32-21-2-7
Acknowledgment of an instrument; form
Status: in_force

Sec. 7. (a) The form set forth in this subsection and any other form substantially the same are good or sufficient forms for an acknowledgment of an instrument that is described in section 3 of this chapter and to be recorded:

(1) An acknowledgment that complies with IC 33-42-0.5-2 and IC 33-42-9-12.

(2) An acknowledgment for a remote notarial act that complies with:

(A) IC 33-42-0.5-2;

(B) IC 33-42-0.5-26;

(C) IC 33-42-9-12; and

(D) IC 33-42-17-7.

(3) An acknowledgment that complies with IC 33-42-0.5-2 and IC 33-42-9-12(a) and contains the following or substantially the same information:

"Before me, E.F., a _________________ (describe the notarial officer type) this _____ day of _______, A.B. acknowledged the execution of the foregoing or annexed _______________ (describe the type of instrument).".

(b) The form set forth in this subsection and any other forms substantially the same are good or sufficient forms for a proof of an instrument that is described in section 3 of this chapter and to be recorded:

(1) A proof that complies with section 1.7 of this chapter and IC 33-42-9-12.

(2) A proof that complies with section 1.7 of this chapter and IC 33-42-9-12(a) and contains the following or substantially the same information:

"Before me, E.F., a _________________ (describe the notarial officer type) this _____ day of _______, appeared A.B. being personally known to me or identified to me by a sufficient credential, whose name is subscribed as a witness to the foregoing instrument, who, being duly sworn by me, deposes and says that the foregoing instrument was executed and delivered by C.D. (describe the signer or principal to the instrument) while being personally observed by A.B.".

[Pre-2002 Recodification Citation: 32-1-2-23.]

As added by P.L.2-2002, SEC.6. Amended by P.L.185-2021, SEC.39.
Ind. Code § 32-31-5-7 — Indiana Code / Title 32 / Article 31 / Chapter 5 / Section 32-31-5-7
Written acknowledgement by tenant
Status: in_force

Sec. 7. (a) At the time a landlord delivers a rental unit to a tenant, the landlord shall require the tenant to acknowledge in writing that the rental unit is equipped with a functional smoke detector.

(b) A landlord and a tenant may not waive, in a rental agreement or a separate writing, the requirements under IC 22-11-18-3.5 concerning smoke detectors.

As added by P.L.17-2008, SEC.4.
Ind. Code § 32-30-1-7 — Indiana Code / Title 32 / Article 30 / Chapter 1 / Section 32-30-1-7
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-15-1-4.]

As added by P.L.2-2002, SEC.15. Repealed by P.L.79-2005, SEC.2.
Ind. Code § 32-21-5.2-8 — Indiana Code / Title 32 / Article 21 / Chapter 5.2 / Section 32-21-5.2-8
Inspections or tests of residential onsite sewage systems
Status: in_force

Sec. 8. Except as provided in section 9 of this chapter, a governmental entity shall not require that a residential onsite sewage system be inspected or tested:

(1) in connection with, or as a condition of:

(A) the sale of; or

(B) the transfer of title to;

a property containing the residential onsite sewage system; or

(2) as a prerequisite to the recording of a deed to the property containing the residential onsite sewage system.

As added by P.L.157-2024, SEC.5.
Ind. Code § 32-31-9-13 — Indiana Code / Title 32 / Article 31 / Chapter 9 / Section 32-31-9-13
Rights and obligations of other adult tenants
Status: in_force

Sec. 13. Notwithstanding:

(1) the termination of a protected individual's rights and obligations under a rental agreement under this chapter; or

(2) the exclusion of a perpetrator of an applicable offense from a dwelling unit under this chapter;

the rights and obligations of other adult tenants of the dwelling unit under the rental agreement continue unaffected. A landlord is not obligated to return or account for any security deposit associated with the rental agreement until forty-five (45) days after the tenancy of all tenants has terminated.

As added by P.L.22-2007, SEC.2.
Ind. Code § 32-29-7-5 — Indiana Code / Title 32 / Article 29 / Chapter 7 / Section 32-29-7-5
Foreclosed property; waiver of time limitations; no protection or defense against deficiency judgment
Status: in_force

Sec. 5. (a) The owner of the real estate subject to the issuance of process under a judgment or decree of foreclosure may, with the consent of the judgment holder endorsed on the judgment or decree of foreclosure, file with the clerk of the court a waiver of the time limitations on issuance of process set out in section 3 of this chapter. If the owner files a waiver under this section, process shall issue immediately. The consideration for waiver, whether or not expressed by its terms, shall be the waiver and release by the judgment holder of any deficiency judgment against the owner.

(b) This section is not intended to provide the owner of real estate subject to the issuance of process under a judgment or decree of foreclosure any protection or defense against a deficiency judgment for purposes of the borrower protections from liability that must be disclosed under 12 CFR 1026.38(p)(3) on the form required by 12 CFR 1026.38 ("Closing Disclosures" form under the Amendments to the 2013 Integrated Mortgage Disclosures Rule Under the Real Estate Settlement Procedures Act (Regulation X) and the Truth In Lending Act (Regulation Z) and the 2013 Loan Originator Rule Under the Truth in Lending Act (Regulation Z)).

[Pre-2002 Recodification Citation: 32-8-16-1.5.]

As added by P.L.2-2002, SEC.14. Amended by P.L.54-2016, SEC.4; P.L.73-2016, SEC.30.
Ind. Code § 32-18-3-1 — Indiana Code / Title 32 / Article 18 / Chapter 3 / Section 32-18-3-1
Sale of real estate by receiver, assignee, or trustee under IC 32-18-1; filing bond to secure sale
Status: in_force

Sec. 1. In a sale of real estate by:

(1) a receiver; or

(2) an assignee or trustee under IC 32-18-1;

a person may, before the confirmation of the sale by the proper court, file with the clerk of the court, or in open court, a bond in the sum sufficient to secure the sale. The surety for the bond must be approved by the clerk or the court.

[Pre-2002 Recodification Citation: 32-12-3-1 part.]

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-17-10-2 — Indiana Code / Title 32 / Article 17 / Chapter 10 / Section 32-17-10-2
Duration of possibility of reverter or right of entry for breach of condition subsequent
Status: in_force

Sec. 2. A possibility of reverter or right of entry for breach of a condition subsequent concerning real property is invalid after thirty (30) years from the date the possibility of reverter or right of entry is created, notwithstanding a period of creation longer than thirty (30) years:

(1) if the breach of the condition has not occurred; and

(2) despite whether the possibility of reverter or right of entry was created before, on, or after July 1, 1993.

[Pre-2002 Recodification Citation: 32-1-21-2.]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-31-1-5 — Indiana Code / Title 32 / Article 31 / Chapter 1 / Section 32-31-1-5
Form; notice determining tenancy from year to year
Status: in_force

Sec. 5. The following form of notice may be used to terminate a tenancy from year to year:

(insert date here)

To (insert name of tenant here):

You are notified to vacate at the expiration of the current year of tenancy the following property: (insert description of property here).

(insert name of landlord here)

[Pre-2002 Recodification Citation: 32-7-1-4.]

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-25.5-3.4-1 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.4 / Section 32-25.5-3.4-1
"Amateur radio antenna"
Status: in_force

Sec. 1. As used in this chapter, "amateur radio antenna" means an antenna, support structure, tower, feed line, or related equipment used by an amateur station as defined by 47 CFR 97.3.

As added by P.L.53-2026, SEC.6.
Ind. Code § 32-17-11-17 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-17
Ownership of accounts
Status: in_force

Sec. 17. (a) Unless there is clear and convincing evidence of a different intent, during the lifetime of all parties, a joint account belongs to the parties in proportion to the net contributions by each party to the sums on deposit.

(b) Unless:

(1) a contrary intent is manifested by the terms of the account or the deposit agreement; or

(2) there is other clear and convincing evidence of an irrevocable trust;

a trust account belongs beneficially to the trustee during the trustee's lifetime. If at least two (2) parties are named as trustee on the account, subsection (a) governs the beneficial rights of the trustees during their lifetimes. If there is an irrevocable trust, the account belongs beneficially to the beneficiary.

[Pre-2002 Recodification Citation: 32-4-1.5-3.]

As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.36.
Ind. Code § 32-23-2-5 — Indiana Code / Title 32 / Article 23 / Chapter 2 / Section 32-23-2-5
Recording easement
Status: in_force

Sec. 5. (a) An easement that is created after June 30, 1989, must cross-reference the original recorded plat. However, if the real property from which the easement is being created is not platted, the easement must cross-reference the most recent deed of record in the recorder's office. The recorder shall charge a fee for recording the easement in accordance with IC 36-2-7-10.

(b) When a release of easement is recorded in the office of the county recorder in the county where the property is situated, the release document must cross-reference the original easement document and reflect the name of the current owner of the property to whom the easement is being released as shown on the property tax records of the county.

[Pre-2002 Recodification Citation: 32-5-2-2.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-34-1.5-20 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-20
Reporting deadlines
Status: in_force

Sec. 20. (a) Except as otherwise provided in subsection (b) and subject to subsection (c), the report required under section 18 of this chapter must be filed before November 1 of each year and cover the twelve (12) months preceding July 1 of that year.

(b) Subject to subsection (c), the report required under section 18 of this chapter to be filed by an insurance company must be filed before May 1 of each year for the immediately preceding calendar year.

(c) Before the date for filing the report required under section 18 of this chapter, the holder of property presumed abandoned may request that the attorney general extend the time for filing. The attorney general may grant an extension. If an extension is granted, the holder may pay or make a partial payment of the amount the holder estimates ultimately will be due. A payment or partial payment under this subsection terminates accrual of interest on the amount paid.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-30-3.1-5 — Indiana Code / Title 32 / Article 30 / Chapter 3.1 / Section 32-30-3.1-5
Failure to pay value of improvements; possession by defendant; payments to plaintiff
Status: in_force

Sec. 5. If a plaintiff fails to pay the defendant the value of the improvements to the real property established under section 4 of this chapter after a reasonable time fixed by the court, the defendant may take the property after paying the plaintiff the appraised value of the property, minus the value of the improvements.

[Pre-2002 Recodification Citation: 32-15-3-5.]

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

Sec. 2. (a) "Copyright owner" means the owner of a copyright, enforceable under 17 U.S.C. 101 et seq., of a nondramatic musical work.

(b) The term does not include the owner of a copyright in a motion picture or an audiovisual work, or in part of a motion picture or an audiovisual work.

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

As added by P.L.2-2002, SEC.22.
Ind. Code § 32-23-11-7 — Indiana Code / Title 32 / Article 23 / Chapter 11 / Section 32-23-11-7
Trail use condition imposed
Status: in_force

Sec. 7. A right-of-way is not considered abandoned if the Interstate Commerce Commission or the United States Surface Transportation Board imposes on the right-of-way a trail use condition under 16 U.S.C. 1247(d).

[Pre-2002 Recodification Citation: 32-5-12-7.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-29-7-10 — Indiana Code / Title 32 / Article 29 / Chapter 7 / Section 32-29-7-10
Deed of conveyance; sheriff to deliver to purchaser and record with county; exception to recording requirement for HUD mortgages
Status: in_force

Sec. 10. (a) Immediately after a foreclosure sale under this chapter, the sheriff shall:

(1) execute and deliver to the purchaser; and

(2) except as provided in subsection (b), record with the recorder of the county in which the premises are located;

a deed of conveyance for the premises, which must be valid to convey all the right, title, and interest held or claimed by all of the parties to the action and all persons claiming under them. The sheriff shall file a return with the clerk of the court.

(b) The sheriff is not required to record the deed of conveyance for the premises under subsection (a)(2) if the mortgage involved in the foreclosure action resulting in the foreclosure sale under this chapter was insured by the United States Department of Housing and Urban Development.

[Pre-2002 Recodification Citation: 32-8-16-6.]

As added by P.L.2-2002, SEC.14. Amended by P.L.105-2009, SEC.17.
Ind. Code § 32-21-14-3 — Indiana Code / Title 32 / Article 21 / Chapter 14 / Section 32-21-14-3
"Transfer fee covenant"
Status: in_force

Sec. 3. As used in this chapter, "transfer fee covenant" means a declaration or covenant, however denominated and regardless of whether it is recorded, that:

(1) purports to affect an interest in real property located in Indiana; and

(2) requires or purports to require the payment of a transfer fee to:

(A) the declarant;

(B) another person specified in the declaration or covenant; or

(C) the successors or assigns of a person described in clause (A) or (B);

upon a subsequent transfer of the interest in real property.

As added by P.L.136-2011, SEC.1.
Ind. Code § 32-17.5-7-6 — Indiana Code / Title 32 / Article 17.5 / Chapter 7 / Section 32-17.5-7-6
Disclaiming after beneficiary designation irrevocable
Status: in_force

Sec. 6. A disclaimer of an interest created by a beneficiary designation made after the time the designation becomes irrevocable must be delivered to the person obligated to distribute the interest.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-23-8-1 — Indiana Code / Title 32 / Article 23 / Chapter 8 / Section 32-23-8-1
Lapse of rental payment; nonproduction or nondevelopment of lease
Status: in_force

Sec. 1. Leases for oil and gas that are recorded in Indiana are void:

(1) after a period of one (1) year has elapsed since:

(A) the last payment of rentals on the oil and gas lease as stipulated in the lease or contract; or

(B) operation for oil or gas has ceased, both by the nonproduction of oil or gas and the nondevelopment of the lease; and

(2) upon the written request of the owner of the land, accompanied by the affidavit of the owner stating that:

(A) no rentals have been paid to or received by the owner or any person, bank, or corporation in the owner's behalf for a period of one (1) year after they have become due; and

(B) the leases and contracts have not been operated for the production of oil or gas for one (1) year.

[Pre-2002 Recodification Citation: 32-5-8-1 part.]

As added by P.L.2-2002, SEC.8. Amended by P.L.86-2018, SEC.225.
Ind. Code § 32-31-6-7 — Indiana Code / Title 32 / Article 31 / Chapter 6 / Section 32-31-6-7
Waste
Status: in_force

Sec. 7. (a) As used in this section, "waste" does not include failure to pay rent.

(b) At the emergency hearing, if the court finds:

(1) by a preponderance of the evidence that the tenant has committed or threatens to commit waste to the rental unit; and

(2) that the landlord has suffered or will suffer immediate and serious:

(A) injury;

(B) loss; or

(C) damage;

the court shall issue an order under subsection (c).

(c) If the court makes a finding under subsection (b), the court shall order the tenant to do either or both of the following:

(1) Return possession of the dwelling unit to the landlord.

(2) Refrain from committing waste to the dwelling unit.

(d) The court may make other orders that the court considers just under the circumstances, including setting a subsequent hearing at the request of a party to adjudicate related claims between the parties.

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

As added by P.L.2-2002, SEC.16. Amended by P.L.157-2025, SEC.3.
Ind. Code § 32-30-7-25 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-25
Indecent nuisances created by tenants; voidable title; reversion to owner; entry
Status: in_force

Sec. 25. (a) This section applies to a tenant or occupant of a building or tenement, under a lawful title, who uses the place for acts that create an indecent nuisance.

(b) The owner of a place described in subsection (a) may void the lease or other title under which the tenant or occupant holds. The use of the place to create an indecent nuisance, without any act of the owner of the place, causes the right of possession to revert and vest in the owner. Without process of law, the owner may make immediate entry upon the premises.

[Pre-2002 Recodification Citation: 34-19-2-20.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-33-4-5 — Indiana Code / Title 32 / Article 33 / Chapter 4 / Section 32-33-4-5
Date and hour of filing; endorsement; filing fee; rules
Status: in_force

Sec. 5. (a) The recorder of the county shall endorse on the statement filed under section 4(a) of this chapter the date and hour of filing.

(b) The recorder shall charge a fee for filing the claim in accordance with the fee schedule established in IC 36-2-7-10.

(c) The department of insurance shall adopt rules under IC 4-22-2 to:

(1) provide for the filing of lien notices mailed to the department by hospitals under section 4(b)(3) of this chapter;

(2) provide insurance companies with reasonable and timely access to the information contained in the lien notices filed with the department under section 4(b)(3) of this chapter; and

(3) provide a system for filing and for cross-referencing lien releases mailed under section 7 of this chapter with lien notices filed under section 4(b)(3) of this chapter.

[Pre-2002 Recodification Citation: 32-8-26-5.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-29-7-4.7 — Indiana Code / Title 32 / Article 29 / Chapter 7 / Section 32-29-7-4.7
Sheriff's sale; foreign business association; eligibility
Status: in_force

Sec. 4.7. (a) This section does not apply to a party foreclosing on a mortgage executed on a tract offered for sale under this chapter.

(b) As used in this section, "foreign business association" means a corporation, professional corporation, nonprofit corporation, limited liability company, partnership, or limited partnership that is organized under the laws of another state or country.

(c) A foreign business association that:

(1) has not obtained a certificate of authority from, or registered with, the secretary of state in accordance with the procedures described in IC 23, as applicable; or

(2) has obtained a certificate of authority from, or registered with, the secretary of state in accordance with the procedures described in IC 23, as applicable, but is not in good standing in Indiana as determined by the secretary of state;

may not purchase a tract offered for sale under section 4 of this chapter.

As added by P.L.112-2022, SEC.4.
Ind. Code § 32-30-3-17 — Indiana Code / Title 32 / Article 30 / Chapter 3 / Section 32-30-3-17
Entry of orders and decrees in civil order book; quiet title record; index requirements
Status: in_force

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

(b) The county recorder shall record the certified copy of the final judgment and shall collect any applicable recording fee.

(c) A county recorder shall procure a substantially bound book that is the size and quality of the county deed records. The book shall be known as the "Quiet Title Record". The Quiet Title Record must contain a transcript of each proceeding and an index to each transcript. The index must contain the following:

(1) An alphabetical list of plaintiffs.

(2) The date of filing of the transcript.

(3) The date of the final judgment.

(4) The date on which the final judgment was recorded.

(5) A brief description of the real estate that was the subject of the proceeding.

(6) The book and page on which the final judgment is recorded.

[Pre-2002 Recodification Citation: 32-6-5-2.]

As added by P.L.2-2002, SEC.15. Amended by P.L.78-2014, SEC.3.
Ind. Code § 32-34-5-5 — Indiana Code / Title 32 / Article 34 / Chapter 5 / Section 32-34-5-5
"Permanent loan" defined
Status: in_force

Sec. 5. As used in this chapter, "permanent loan" means a loan of property to a museum for an indefinite period.

[Pre-2002 Recodification Citation: 32-9-10-5.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-28-15-10 — Indiana Code / Title 32 / Article 28 / Chapter 15 / Section 32-28-15-10
Deceptive acts
Status: in_force

Sec. 10. A service provider that:

(1) enters into a residential real estate service agreement with any person; or

(2) records, or causes to be recorded, a residential real estate service agreement in Indiana;

after March 14, 2024, commits a deceptive act that is subject to the remedies and penalties under IC 24-5-0.5, including an action by the attorney general under IC 24-5-0.5-4(c).

As added by P.L.62-2024, SEC.1.
Ind. Code § 32-30-10.6-1 — Indiana Code / Title 32 / Article 30 / Chapter 10.6 / Section 32-30-10.6-1
Applicability
Status: in_force

Sec. 1. This chapter applies to a mortgage foreclosure action filed under IC 32-30-10-3.

As added by P.L.102-2012, SEC.4. Amended by P.L.203-2013, SEC.19; P.L.66-2014, SEC.20; P.L.247-2015, SEC.29.
Ind. Code § 32-30-3-21 — Indiana Code / Title 32 / Article 30 / Chapter 3 / Section 32-30-3-21
Valuation of exempt real estate; limitation
Status: in_force

Sec. 21. At the hearing under section 20 of this chapter, the court shall determine the value of the householder's interest in the real estate and shall set forth this amount in the decree quieting the title to the real estate. While the householder owns the real estate, the amount shall be charged against any other claim of exemption made by the householder to limit the householder's exemption in the real estate from sale on execution or other final process to the amount allowed by law.

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

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-33-2-8 — Indiana Code / Title 32 / Article 33 / Chapter 2 / Section 32-33-2-8
Service of summons
Status: in_force

Sec. 8. In cases arising under section 1 of this chapter, the summons may be served upon:

(1) the officer or consignee making the contract;

(2) if the officer or consignee cannot be found, upon the clerk;

(3) if neither the officer, the consignee, nor the clerk can be found, upon any other officer of the boat, vessel, or watercraft, or any person having charge of the boat, vessel, or watercraft; or

(4) if the summons cannot be served under subdivision 1, 2, or 3, by affixing a copy of the summons in some conspicuous place in the boat, vessel, or watercraft.

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

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-24-4.5-9 — Indiana Code / Title 32 / Article 24 / Chapter 4.5 / Section 32-24-4.5-9
Offer of settlement
Status: in_force

Sec. 9. (a) Not later than forty-five (45) days before a trial involving the issue of compensation, the condemnor shall, and an owner may, file and serve on the other party an offer of settlement. Not more than five (5) days after the date the offer of settlement is served, the party served may respond by filing and serving upon the other party an acceptance or a counter offer of settlement. The offer must state that it is made under this section and specify the amount, exclusive of interest and costs, that the party serving the offer is willing to accept as just compensation and damages for the property sought to be acquired. The offer or counter offer supersedes any other offer previously made under this chapter by the party.

(b) An offer of settlement is considered rejected unless an acceptance in writing is filed and served on the party making the offer before the trial on the issue of the amount of damages begins.

(c) If the offer is rejected, it may not be referred to for any purpose at the trial but may be considered solely for the purpose of awarding costs and litigation expenses under section 10 of this chapter.

(d) This section does not limit or restrict the right of an owner to payment of any amounts authorized by law in addition to damages for the property taken from the owner.

As added by P.L.163-2006, SEC.17.
Ind. Code § 32-21-6-4 — Indiana Code / Title 32 / Article 21 / Chapter 6 / Section 32-21-6-4
"Transferee"
Status: in_force

Sec. 4. As used in this chapter, "transferee" means a purchaser, tenant, lessee, prospective purchaser, prospective tenant, or prospective lessee of the real estate or dwelling.

[Pre-2002 Recodification Citation: 24-4.6-2.1-3.]

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-30-3.1-6 — Indiana Code / Title 32 / Article 30 / Chapter 3.1 / Section 32-30-3.1-6
Tenants in common; failure of plaintiff and defendant to make required payments
Status: in_force

Sec. 6. If the plaintiff does not pay the defendant the appraised value of the improvements to the real property under section 4 of this chapter and the defendant does not pay the plaintiff the appraised value of the real property under section 5 of this chapter within the time fixed by the court, the parties will be held to be tenants in common of all the real property, including the improvements, each holding an interest proportionate to the value of the party's property as determined under section 5 of this chapter.

[Pre-2002 Recodification Citation: 32-15-3-6.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-21-5.2-9 — Indiana Code / Title 32 / Article 21 / Chapter 5.2 / Section 32-21-5.2-9
St. Joseph County; inspections
Status: in_force

Sec. 9. (a) This section applies only to property located in that part of St. Joseph County containing a designated sole source aquifer.

(b) This chapter only prohibits a governmental entity from requiring inspection of a Class 2 structure or residential onsite sewage system in connection with or as a condition of the sale, transfer of title, or recording of a deed occurring not more than fifteen (15) years after:

(1) the last sale or transfer of title to the property; or

(2) the Class 2 structure or residential onsite sewage system was built or installed on the property.

(c) The local health department may not charge a fee when a property is transferred.

As added by P.L.157-2024, SEC.5.
Ind. Code § 32-33-9-4 — Indiana Code / Title 32 / Article 33 / Chapter 9 / Section 32-33-9-4
Application of law
Status: in_force

Sec. 4. Except as provided in section 5 of this chapter, this chapter applies to all cases of personal property on which the bailee or keeper has, by law, a lien for any feed or care by the bailee or keeper provided on the property. However, in cases where the person liable dies before the expiration of sixty (60) days after the charges accrued, the sale may not be made until at least sixty (60) days after the date of the person's death.

[Pre-2002 Recodification Citation: 32-8-30-4.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-33-17-1 — Indiana Code / Title 32 / Article 33 / Chapter 17 / Section 32-33-17-1
Lien; applicability of law
Status: in_force

Sec. 1. Unless otherwise provided in this article, corporate employee liens on personal property of a corporation for all work and labor done and performed by the employees of a corporation are governed by IC 32-28-12.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-23-2-2 — Indiana Code / Title 32 / Article 23 / Chapter 2 / Section 32-23-2-2
Alienation, inheritance, or assignment
Status: in_force

Sec. 2. An easement in gross of a commercial character, including an easement acquired by eminent domain, that is created after June 30, 1989, may be alienated, inherited, or assigned in whole or in part unless the instrument creating the easement provides otherwise.

[Pre-2002 Recodification Citation: 32-5-2-1(b).]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-34-1.5-31 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-31
Claims for reimbursement and return of property
Status: in_force

Sec. 31. (a) A holder that pays money to the attorney general under this chapter may file a claim for reimbursement from the attorney general of the amount paid if the holder:

(1) paid the money in error; or

(2) after paying the money to the attorney general, paid money to a person the holder reasonably believed was entitled to the money.

(b) If a claim for reimbursement under subsection (a) is made for a payment made on a negotiable instrument, including a traveler's check, money order, or similar instrument, the holder must submit proof that the instrument was presented and payment was made to a person the holder reasonably believed was entitled to payment. The holder may claim reimbursement even if the payment was made to a person whose claim was made after expiration of a period of limitation on the owner's right to receive or recover property, whether specified by contract, statute, or court order.

(c) If a holder is reimbursed by the attorney general under subsection (a)(2), the holder may also recover from the attorney general income or gain under section 33 of this chapter that would have been paid to the owner if the money had been claimed from the attorney general by the owner to the extent the income or gain was paid by the holder to the owner.

(d) A holder that delivers property other than money to the attorney general under this chapter may file a claim for return of the property from the attorney general if:

(1) the holder delivered the property in error; or

(2) the apparent owner has claimed the property from the holder.

(e) If a claim for return of property is made under subsection (d), the holder shall include with the claim evidence sufficient to establish that the apparent owner has claimed the property from the holder or that the property was delivered by the holder to the attorney general in error.

(f) The attorney general may determine that an affidavit submitted by a holder is evidence sufficient to establish that the holder is entitled to reimbursement or to recover property under this section.

(g) A holder is not required to pay a fee or other charge for reimbursement or return of property under this section.

(h) Not later than ninety (90) days after a claim is filed under subsection (a) or (d), the attorney general shall allow or deny the claim and give the claimant notice of the decision in a record. If the attorney general does not take action on a claim during the ninety (90) day period, the claim is deemed denied.

(i) The claimant may initiate a proceeding under IC 4-21.5 for review of the attorney general's decision or the deemed denial under subsection (h) not later than:

(1) thirty (30) days following receipt of the notice of the attorney general's decision; or

(2) one hundred twenty (120) days following the filing of a claim under subsection (a) or (d) in the case of a deemed denial under subsection (h).

(j) A final decision in an administrative proceeding initiated under subsection (i) is subject to judicial review by a trial court with competent jurisdiction.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-18-1-17 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-17
Debt or claim belonging to assignor; compounding or compromising
Status: in_force

Sec. 17. A trustee may compound or compromise a debt or claim belonging to the assignor that cannot be otherwise recovered without endangering the recovery of the claim or debt.

[Pre-2002 Recodification Citation: 32-12-1-17.]

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-35-2-6 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-6
Date, time, and place for hearing
Status: in_force

Sec. 6. (a) An order issued under section 5 of this chapter must set forth the date, time, and place for the hearing and direct the time within which service shall be made upon the defendant.

(b) The hearing shall be scheduled not sooner than five (5) days, Sundays and holidays excluded, after the date of service.

[Pre-2002 Recodification Citation: 34-21-3-2.]

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-30-3-14 — Indiana Code / Title 32 / Article 30 / Chapter 3 / Section 32-30-3-14
Defendants in certain actions; plaintiff's complaint; plaintiff's affidavit; notice; venue
Status: in_force

Sec. 14. (a) This section applies to the following proceedings brought in a state court concerning real estate or any interest in real estate located in Indiana:

(1) An action to:

(A) quiet or determine title to;

(B) obtain title or possession of; or

(C) partition;

real estate.

(2) An action by an executor or administrator to:

(A) sell real estate to satisfy the debts of a decedent; or

(B) enforce or foreclose a mortgage or lien on real estate.

(b) A person who institutes a proceeding described in subsection (a) may, under a circumstance set forth in subsection (c), name as a defendant any of the following individuals:

(1) A person:

(A) who may have an interest in real estate that is the subject of the proceeding; and

(B) whose name appears of record in a record concerning the real estate.

(2) A person who bears one of the following relationships to a former owner or encumbrancer of the real estate:

(A) Spouse.

(B) Widow or widower.

(C) Heir or devisee.

The person who institutes the proceeding does not have to know the name of a person described in subdivision (2).

(c) A person who institutes a proceeding described in subsection (a) may name an individual described in subsection (b) as a defendant if public records in the county in which the real estate that is the subject of the proceeding is located any of disclose the following circumstances:

(1) There is a break or hiatus in the record title of real estate.

(2) There exists:

(A) a defect in;

(B) an apparent defect in; or

(C) a cloud upon;

the title of the real estate due to a defective or inaccurate legal description of the real estate.

(3) There is no record that a grantor or mortgagor was unmarried when the deed to or mortgage on the real estate was executed.

(4) An instrument affecting the real estate, including a deed, will, or mortgage, was not properly executed.

(5) A mortgage, vendor's lien, or other lien or encumbrance affecting the real estate was not properly released.

(6) The person instituting the proceeding does not know:

(A) the name of another person who may claim an interest in the real estate based on the other person's relationship to a former owner, mortgagee, or encumbrancer of the real estate; or

(B) whether another person, including a person described in clause (A), who may have an interest in the real estate is alive or dead.

(d) The plaintiff in a proceeding described in subsection (a) may state the following in the complaint:

(1) The plaintiff asserts title to the real estate that is the subject of the proceeding against all other persons.

(2) The purpose of the proceeding is to quiet the title to the real estate.

(3) The plaintiff has named as defendants all persons whom the party knows may have a claim to or interest in the real estate.

(e) The plaintiff shall file with the complaint an affidavit that states the following:

(1) The complaint contains the names of all persons disclosed by public record by or through whom a claim or interest in the real estate may be asserted.

(2) The plaintiff does not know the following information about a person described in subdivision (1):

(A) Whether the person is alive or dead.

(B) The person's legal residence.

(C) The person's marital status.

(D) If the person is or has been married, the name or address of the person's spouse, widow, or widower.

(E) If the person is dead, whether the person has left any heirs or devisees.

(F) The name or legal residence of an heir or devisee.

(3) The plaintiff claims full and complete right and title in the real estate that is the subject of the proceeding described in subsection (a).

(4) The plaintiff intends to quiet title to the real estate through the proceeding.

(f) After the plaintiff files the complaint and affidavit, the plaintiff shall file an affidavit for publication of notice under IC 34-32-1.

(g) After the plaintiff files the affidavit for publication of notice described in subsection (f), the clerk of the county in which the real estate that is the subject of the proceeding described in subsection (a) is located shall publish notice of the following:

(1) The filing and pendency of the proceeding.

(2) The date on which the proceeding will take place.

(3) Designations and descriptions of any defendant whose name and legal residence are unknown.

(4) A legal description of the real estate.

(5) The purpose of the proceeding, which is to quiet title to the real estate.

(h) After the clerk publishes notice as set forth in subsection (g), the clerk shall provide proof of the publication to the court in which the proceeding described in subsection (a) is pending. Not earlier than thirty (30) days after the last publication of notice, the court may hear and determine all matters in the proceeding as if the plaintiff had known and sued all possible claimants by their proper names. All decrees, orders, and judgments issued by the court are binding and conclusive on all parties and claimants. The proceeding shall be taken as a proceeding in rem against the real estate.

(i) If the real estate that is the subject of the proceeding described in subsection (a) is located in more than one (1) county, the plaintiff may file a complaint in a court located in any county in which the real estate is located. The plaintiff may not file a complaint in more than one (1) court. The plaintiff shall publish notice of the complaint in each county in which the real estate is located. The published notice in each county shall contain the following:

(1) The legal description of the real estate that is located in that county.

(2) The other counties in which the real estate is located.

(3) Notice that a certified copy of the final judgment in the proceeding will be filed, not more than three (3) months after the judgment is entered, in the recorder's office in each county in which the real estate is located.

[Pre-2002 Recodification Citation: 32-6-4-1.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-28-7-1 — Indiana Code / Title 32 / Article 28 / Chapter 7 / Section 32-28-7-1
Actions to foreclose or enforce
Status: in_force

Sec. 1. An action may not be brought or maintained in Indiana to foreclose or enforce a mechanic's lien filed under Indiana law when the debt secured by the lien, as shown by the record of the lien, has been due more than one (1) year. If the record of the lien does not show when the debt secured by the lien became due, an action to foreclose or enforce the lien may not be brought or maintained in Indiana more than one (1) year after the filing date of the lien.

[Pre-2002 Recodification Citation: 32-8-7-1.]

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-20-4-4 — Indiana Code / Title 32 / Article 20 / Chapter 4 / Section 32-20-4-4
Property owner's notice to claimant to file action to enforce the claim; claimant's failure to file; recording of owner's affidavit; release from claim
Status: in_force

Sec. 4. (a) A claim for an interest in land filed under this chapter is void if both of the following occur:

(1) The owner of the property subject to the claim or any person or corporation having an interest in the property, including a mortgagee or a lienholder, provides written notice to the claimant to file an action to enforce the claim.

(2) The claimant fails to file an action to enforce the claim in the county where the property is located not later than thirty (30) days after receiving the notice described in subdivision (1).

However, this section does not prevent any other claim with respect to the land from being collected or enforced as other claims are collected or enforced by law.

(b) A person who has given notice under subsection (a)(1) by registered or certified mail to the claimant, at the address given by the claimant in the recorded notice of the claim, may file with the recorder of the county in which the property is located an affidavit of service of the notice under subsection (a)(1) to file an action to enforce the claim. The affidavit must state the following:

(1) The facts of the notice under subsection (a)(1).

(2) That more than thirty (30) days have passed since the notice under subsection (a)(1) was received by the claimant.

(3) That no action for enforcement of the claim is pending.

(4) That no unsatisfied judgment has been rendered on the claim.

(5) A reference to the recording information for the notice of claim recorded under sections 1 and 2 of this chapter.

(c) The recorder shall record the affidavit of service in the miscellaneous record book of the recorder's office, with a reference to the recorded notice of claim identified in the affidavit of service under subsection (b)(5). When the recorder records the affidavit of service with a reference to the notice of claim under this subsection, the land described in the claim is released from the claim.

As added by P.L.196-2019, SEC.1.
Ind. Code § 32-30-2-10 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-10
Petition for new trial
Status: in_force

Sec. 10. A petition for a new trial under this chapter may be made by the party against whom judgment is rendered, or the party's heirs, assigns, or personal representatives, under the same restrictions and on the same grounds as allowed in other civil actions.

[Pre-2002 Recodification Citation: 32-15-2-10.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-17-4-11 — Indiana Code / Title 32 / Article 17 / Chapter 4 / Section 32-17-4-11
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-4-5-12.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.12.
Ind. Code § 32-23-1-2 — Indiana Code / Title 32 / Article 23 / Chapter 1 / Section 32-23-1-2
Notice; disputing adverse claim
Status: in_force

Sec. 2. The owner of land described in section 1 of this chapter, or the agent or guardian of the owner, may give notice to a claimant of a right or easement described in section 1 of this chapter that the owner, or the agent or guardian of the owner, will dispute the claimant's claim to a right or easement by adverse use.

[Pre-2002 Recodification Citation: 32-5-1-2.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-39-1-17 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-17
"Online tool"
Status: in_force

Sec. 17. As used in this article, "online tool" means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-26-2-18 — Indiana Code / Title 32 / Article 26 / Chapter 2 / Section 32-26-2-18
Notice; intention to remove partition fence
Status: in_force

Sec. 18. This section applies to a person who ceases to use the person's property or opens the person's enclosures. A person to whom this section applies may not remove any part of the person's fence that forms a partition fence between the person's property and the enclosure of any other person until the person to whom this section applies has first given six (6) months notice of the person's intention to remove the fence to any person who may be interested in the removal of the fence.

[Pre-2002 Recodification Citation: 32-10-2-18.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-29-7-3 — Indiana Code / Title 32 / Article 29 / Chapter 7 / Section 32-29-7-3
Mortgage foreclosure; time for execution of judgment; right of enforcement authority to file praecipe; sale by sheriff; advertising; sheriff's fee
Status: in_force

Sec. 3. (a) In a proceeding for the foreclosure of a mortgage executed on real estate, process may not issue for the execution of a judgment or decree of sale for a period of three (3) months after the filing of a complaint in the proceeding. However:

(1) the period is:

(A) twelve (12) months in a proceeding for the foreclosure of a mortgage executed before January 1, 1958; and

(B) six (6) months in a proceeding for the foreclosure of a mortgage executed after December 31, 1957, but before July 1, 1975; and

(2) if the court finds under IC 32-30-10.6 that the mortgaged real estate has been abandoned, a judgment or decree of sale may be executed on the date the judgment of foreclosure or decree of sale is entered, regardless of the date the mortgage is executed.

(b) A judgment and decree in a proceeding to foreclose a mortgage that is entered by a court having jurisdiction may be filed with the clerk in any county as provided in IC 33-32-3-2. After the period set forth in subsection (a) expires, a person who may enforce the judgment and decree may file a praecipe with the clerk in any county where the judgment and decree is filed, and the clerk shall promptly issue and certify to the sheriff of that county a copy of the judgment and decree under the seal of the court. However, if:

(1) a praecipe is not filed with the clerk within one hundred eighty (180) days after the later of the dates on which:

(A) the period specified in subsection (a) expires; or

(B) the judgment and decree is filed; and

(2) the sale is not:

(A) otherwise prohibited by law;

(B) subject to a voluntary statewide foreclosure moratorium; or

(C) subject to a written agreement that:

(i) provides for a delay in the sale of the mortgaged real estate; and

(ii) is executed by and between the owner of the mortgaged real estate and a party entitled to enforce the judgment and decree;

an enforcement authority that has issued an abatement order under IC 36-7-36-9 with respect to the mortgaged real estate may file a praecipe with the clerk in any county where the judgment and decree is filed. If an enforcement authority files a praecipe under this subsection, the clerk of the county in which the praecipe is filed shall promptly issue and certify to the sheriff of that county a copy of the judgment and decree under the seal of the court.

(c) Upon receiving a certified judgment under subsection (b), the sheriff shall, subject to section 4 of this chapter, sell the mortgaged premises or as much of the mortgaged premises as necessary to satisfy the judgment, interest, and costs. The sale may be conducted electronically under subsection (d), at public auction at the office of the sheriff, or at another location that is reasonably likely to attract higher competitive bids. The sheriff shall schedule the date and time of the sheriff's sale for:

(1) a date not later than:

(A) sixty (60) days after the date on which a judgment and decree under IC 32-30-10.6-5; and

(B) one hundred twenty (120) days after the date on which a judgment and decree in all other cases;

under seal of the court is certified to the sheriff by the clerk; and

(2) a time certain between the hours of 10 a.m. and 4 p.m. on any day of the week except Sunday.

(d) The county sheriff may conduct the public auction required under subsection (c) electronically. The electronic sale must comply with the other requirements in this section. If the public auction is conducted electronically, the county sheriff may receive electronic payments and establish procedures necessary to secure the payments by the time of the sale. The auction provider may not add an additional cost for conducting the sale electronically.

(e) Before selling mortgaged property, the sheriff must advertise the sale by publication once each week for three (3) successive weeks:

(1) with each publication of notice in a daily or weekly newspaper of general circulation in at least one (1) newspaper published and circulated in each county where the real estate is situated; or

(2) with the first publication of notice in a newspaper described in subdivision (1) and the two (2) subsequent publications of notice:

(A) in accordance with IC 5-3-5; and

(B) on the official web site of each county where the real estate is located.

The first publication shall be made at least thirty (30) days before the date of sale. At the time of placing the first advertisement by publication, the sheriff shall also serve a copy of the written or printed notice of sale upon each owner of the real estate. Service of the written notice shall be made as provided in the Indiana Rules of Trial Procedure governing service of process upon a person.

(f) The sheriff shall charge a fee of ten dollars ($10) to one (1) owner and three dollars ($3) to each additional owner for service of written notice under subsection (e). The fee is:

(1) a cost of the proceeding;

(2) to be collected as other costs of the proceeding are collected; and

(3) to be deposited in the county general fund for appropriation for operating expenses of the sheriff's department.

(g) The sheriff also shall post written or printed notices of the sale at the door of the courthouse of each county in which the real estate is located.

(h) If the sheriff is unable to procure the publication of a notice within the county, the sheriff may dispense with publication. The sheriff shall state that the sheriff was not able to procure the publication and explain the reason why publication was not possible.

(i) Notices under subsections (e), (f), (g), and (k) must contain a statement, for informational purposes only, of the location of each property by street address, if any, or other common description of the property other than legal description. A misstatement in the informational statement under this subsection does not invalidate an otherwise valid sale.

(j) The sheriff may charge an administrative fee of not more than three hundred dollars ($300) with respect to a proceeding referred to in subsection (b) for actual costs directly attributable to the administration of the sale under subsection (c). The fee is:

(1) payable by the person seeking to enforce the judgment and decree; and

(2) due at the time of filing of the praecipe;

under subsection (b).

(k) If a sale of mortgaged property scheduled under this section is canceled, the sheriff shall provide written notice of the cancellation to each owner of the real estate. Service of the written notice shall be made as provided in the Indiana Rules of Trial Procedure governing service of process upon a person. The sheriff shall charge a fee of ten dollars ($10) for notice to one (1) owner and three dollars ($3) for notice to each additional owner for service of written notice under this subsection. The fee:

(1) is a cost of the proceeding;

(2) shall be collected as other costs of the proceeding are collected; and

(3) shall be deposited in the county general fund for appropriation for operating expenses of the sheriff's department.

The fee for service under this subsection shall be paid by the person who caused the sale to be canceled.

[Pre-2002 Recodification Citation: 32-8-16-1.]

As added by P.L.2-2002, SEC.14. Amended by P.L.98-2004, SEC.118; P.L.238-2005, SEC.55 and P.L.240-2005, SEC.1; P.L.100-2008, SEC.1; P.L.68-2010, SEC.2; P.L.102-2012, SEC.1; P.L.66-2014, SEC.19; P.L.247-2015, SEC.27; P.L.152-2021, SEC.35; P.L.9-2022, SEC.69; P.L.112-2022, SEC.1.
Ind. Code § 32-17-14-26 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-26
General rules applying to a beneficiary designation
Status: in_force

Sec. 26. (a) If an agreement between the owner and a transferring entity is required to carry out a transfer on death transfer as described in section 7 of this chapter, a transferring entity may not adopt rules for the making, execution, acceptance, and revocation of a beneficiary designation that are inconsistent with this chapter.

(b) The following rules apply to a beneficiary designation:

(1) A beneficiary designation or a request for registration of property in beneficiary form must be made in writing, signed by the owner, dated, and, in the case of a transfer on death deed, compliant with all requirements for the recording of deeds.

(2) A security that is not registered in the name of the owner may be registered in beneficiary form on instructions given by a broker or person delivering the security.

(3) A beneficiary designation may designate one (1) or more primary beneficiaries and one (1) or more contingent beneficiaries.

(4) On property registered in beneficiary form, a primary beneficiary is the person shown immediately following the transfer on death direction. Words indicating that the person is a primary beneficiary are not required. The name of a contingent beneficiary in the registration must have the words "contingent beneficiary" or words of similar meaning to indicate the contingent nature of the interest being transferred.

(5) Multiple surviving beneficiaries share equally in the property being transferred unless a different percentage or fractional share is stated for each beneficiary. If a percentage or fractional share is designated for multiple beneficiaries, the surviving beneficiaries share in the proportion that their designated shares bear to each other.

(6) A transfer of unequal shares to multiple beneficiaries for property registered in beneficiary form may be expressed in numerical form following the name of the beneficiary in the registration.

(7) A transfer on death transfer of property also transfers any interest, rent, royalties, earnings, dividends, or credits earned or declared on the property but not paid or credited before the owner's death.

(8) If a distribution by a transferring entity under a transfer on death transfer results in fractional shares in a security or other property that is not divisible, the transferring entity may distribute the fractional shares in the name of all beneficiaries as tenants in common or as the beneficiaries may direct, or the transferring entity may sell the property that is not divisible and distribute the proceeds to the beneficiaries in the proportions to which they are entitled.

(9) On the death of the owner, the property, minus all amounts and charges owed by the owner to the transferring entity, belongs to the surviving beneficiaries and, in the case of substitute beneficiaries permitted under section 22 of this chapter, the lineal descendants of designated beneficiaries who did not survive the owner are entitled to the property as follows:

(A) If there are multiple primary beneficiaries and a primary beneficiary does not survive the owner and does not have a substitute under section 22 of this chapter, the share of the nonsurviving beneficiary is allocated among the surviving beneficiaries in the proportion that their shares bear to each other.

(B) If there are no surviving primary beneficiaries and there are no substitutes for the nonsurviving primary beneficiaries under section 22 of this chapter, the property belongs to the surviving contingent beneficiaries in equal shares or according to the percentages or fractional shares stated in the registration.

(C) If there are multiple contingent beneficiaries and a contingent beneficiary does not survive the owner and does not have a substitute under section 22 of this chapter, the share of the nonsurviving contingent beneficiary is allocated among the surviving contingent beneficiaries in the proportion that their shares bear to each other.

(10) If a trustee designated as a beneficiary:

(A) does not survive the owner;

(B) resigns; or

(C) is unable or unwilling to execute the trust as trustee and no successor trustee is appointed in the twelve (12) months following the owner's death;

the transferring entity may make the distribution as if the trust did not survive the owner.

(11) If a trustee is designated as a beneficiary and no affidavit of certification of trust or probated will creating an express trust is presented to the transferring entity within the twelve (12) months after the owner's death, the transferring entity may make the distribution as if the trust did not survive the owner.

(12) If the transferring entity is not presented evidence during the twelve (12) months after the owner's death that there are lineal descendants of a nonsurviving beneficiary for whom LDPS distribution applies who survived the owner, the transferring entity may make the transfer as if the nonsurviving beneficiary's descendants also failed to survive the owner.

(13) If a beneficiary cannot be located at the time the transfer is made to located beneficiaries, the transferring entity shall hold the missing beneficiary's share. If the missing beneficiary's share is not claimed by the beneficiary or by the beneficiary's personal representative or successor during the twelve (12) months after the owner's death, the transferring entity shall transfer the share as if the beneficiary did not survive the owner.

(14) A transferring entity has no obligation to attempt to locate a missing beneficiary, to pay interest on the share held for a missing beneficiary, or to invest the share in any different property.

(15) Cash, interest, rent, royalties, earnings, or dividends payable to a missing beneficiary may be held by the transferring entity at interest or reinvested by the transferring entity in the account or in a dividend reinvestment account associated with a security held for the missing beneficiary.

(16) If a transferring entity is required to make a transfer on death transfer to a minor or an incapacitated adult, the transfer may be made under the Indiana Uniform Transfers to Minors Act, the Indiana Uniform Custodial Trust Act, or a similar law of another state.

(17) A written request for the execution of a transfer on death transfer may be made by any beneficiary, a beneficiary's legal representative or attorney in fact, or the owner's personal representative.

(18) A transfer under a transfer on death deed occurs automatically upon the owner's death and does not require a request for the execution of the transfer.

(19) A written request for the execution of a transfer on death transfer must be accompanied by the following:

(A) A certificate or instrument evidencing ownership of the contract, account, security, or property.

(B) Proof of the deaths of the owner and any nonsurviving beneficiary.

(C) An inheritance tax waiver from states that require it.

(D) In the case of a request by a legal representative, a copy of the instrument creating the legal authority or a certified copy of the court order appointing the legal representative.

(E) Any other proof of the person's entitlement that the transferring entity may require.

(20) For purposes of providing notice to the county, on the death of an owner whose transfer on death deed has been recorded, the beneficiary shall file an affidavit in the office of the recorder of the county in which the real property is located. The affidavit must be endorsed by the county auditor under IC 36-2-11-14 in order to be recorded. The affidavit must contain the following:

(A) The legal description of the property.

(B) The date of death of the owner.

(C) The name and address of each designated beneficiary who survives the owner or is in existence on the date of the owner's death.

(D) The name of each designated beneficiary who has not survived the owner's death or is not in existence on the date of the owner's death.

(E) A cross-reference to the recorded transfer on death deed.

A failure by the beneficiary to file the affidavit under this subdivision or a delay by the county recorder in recording the affidavit does not affect the validity of the transfer on death transfer to the beneficiary under this chapter. However, until the affidavit is recorded, the transfer on death beneficiary or beneficiaries named in the transfer on death deed and the estate of the deceased owner are jointly and severally liable for property taxes assessed with respect to the real property under IC 6-1.1 for assessment years beginning with the assessment year in which the owner's death occurs.

(c) A beneficiary designation is presumed to be valid. A party may rely on the presumption of validity unless the party has actual knowledge that the beneficiary designation was not validly executed. A person who acts in good faith reliance on a transfer on death deed is immune from liability to the same extent as if the person had dealt directly with the named owner and the named owner had been competent and not incapacitated.

As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.34; P.L.36-2011, SEC.16; P.L.149-2012, SEC.15; P.L.51-2014, SEC.30; P.L.2-2024, SEC.3.
Ind. Code § 32-33-15-4 — Indiana Code / Title 32 / Article 33 / Chapter 15 / Section 32-33-15-4
Excess proceeds from sale
Status: in_force

Sec. 4. If the sale is for a sum greater than the amount of the lien, any excess shall be paid to the owner and any prior lienholder.

[Pre-2002 Recodification Citation: 32-8-36-4.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-23-7-0.8 — Indiana Code / Title 32 / Article 23 / Chapter 7 / Section 32-23-7-0.8
"Commercially minable coal resource"
Status: in_force

Sec. 0.8. As used in this chapter, "commercially minable coal resource" has the meaning set forth in IC 14-8-2-47.

As added by P.L.140-2011, SEC.21.
Ind. Code § 32-24-1-3 — Indiana Code / Title 32 / Article 24 / Chapter 1 / Section 32-24-1-3
Entry on land; purchase before instituting proceedings; surveys by public utilities or pipeline companies
Status: in_force

Sec. 3. (a) Any person that may exercise the power of eminent domain for any public use under any statute may exercise the power only in the manner provided in this article, except as otherwise provided by law.

(b) Except as provided in subsection (g), before proceeding to condemn, the person:

(1) may enter upon any land to examine and survey the property sought to be acquired; and

(2) must make an effort to purchase for the use intended the land, right-of-way, easement, or other interest, in the property.

(c) The effort to purchase under subsection (b)(2) must include the following:

(1) Establishing a proposed purchase price for the property.

(2) Providing the owner of the property with an appraisal or other evidence used to establish the proposed purchase price.

(3) Conducting good faith negotiations with the owner of the property.

(d) If the land or interest in the land, or property or right is owned by a person who is an incapacitated person (as defined in IC 29-3-1-7.5) or less than eighteen (18) years of age, the person seeking to acquire the property may purchase the property from the guardian of the incapacitated person or person less than eighteen (18) years of age. If the purchase is approved by the court appointing the guardian and the approval is written upon the face of the deed, the conveyance of the property purchased and the deed made and approved by the court are valid and binding upon the incapacitated person or persons less than eighteen (18) years of age.

(e) The deed given, when executed instead of condemnation, conveys only the interest stated in the deed.

(f) If property is taken by proceedings under this article, the entire fee simple title may be taken and acquired.

(g) This subsection applies to a public utility (as defined in IC 32-24-1-5.9(a)) or a pipeline company (as defined in IC 8-1-22.6-7). If a public utility or a pipeline company seeks to acquire land or an interest in land under this article, the public utility or pipeline company may not enter upon the land to examine or survey the property sought to be acquired unless either of the following occur:

(1) The public utility or the pipeline company sends notice by certified mail to the affected landowner (as defined in IC 8-1-22.6-2) of the public utility's or the pipeline company's intention to enter upon the landowner's property for survey purposes. The notice required by this subdivision must be mailed not later than fourteen (14) days before the date of the public utility's or the pipeline company's proposed examination or survey.

(2) The public utility or the pipeline company receives the landowner's signed consent to enter the property to perform the proposed examination or survey.

An affected landowner may bring an action to enforce this subsection in the circuit court, superior court, or probate court of the county in which the landowner's property is located. A prevailing landowner is entitled to the landowner's actual damages as a result of the public utility's or the pipeline company's violation. In addition, the court may award a prevailing landowner reasonable costs of the action and attorney's fees.

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

As added by P.L.2-2002, SEC.9. Amended by P.L.163-2006, SEC.5; P.L.110-2007, SEC.2; P.L.84-2016, SEC.143.
Ind. Code § 32-32-2-1 — Indiana Code / Title 32 / Article 32 / Chapter 2 / Section 32-32-2-1
Applicability of definitions
Status: in_force

Sec. 1. The definitions in this chapter apply throughout this article.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-17-14-4 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-4
Transfers that are not considered transfer on death transfers; beneficiary designation requirements and form
Status: in_force

Sec. 4. (a) The following transfers of ownership are not considered transfer on death transfers for purposes of this chapter:

(1) Transfers by rights of survivorship in property held as joint tenants or tenants by the entirety.

(2) A transfer to a remainderman on the termination of a life tenancy.

(3) An inter vivos or a testamentary transfer under a trust established by an individual.

(4) A transfer made under the exercise or nonexercise of a power of appointment.

(5) A transfer made on the death of a person who did not have the right to designate the person's estate as the beneficiary of the transfer.

(b) A beneficiary designation made under this chapter must do the following:

(1) Designate the beneficiary of a transfer on death transfer.

(2) Make the transfer effective upon the death of the owner of the property being transferred.

(3) Comply with this chapter, the conditions of any governing instrument, and any other applicable law.

(c) For purposes of construing this chapter or a beneficiary designation made under this chapter, the death of the last surviving owner of property held by joint owners is considered the death of the owner.

(d) Except as otherwise provided in this chapter, a transfer on death direction is accomplished in a form substantially similar to the following:

(1) Insert Name of the Owner or Owners.

(2) Insert "Transfer on death to" or "TOD" or "Pay on death to" or "POD".

(3) Insert the Name of the Beneficiary or Beneficiaries.

(e) An owner may revoke or change a beneficiary designation at any time before the owner's death.

As added by P.L.143-2009, SEC.41.
Ind. Code § 32-34-6-7 — Indiana Code / Title 32 / Article 34 / Chapter 6 / Section 32-34-6-7
Inapplicability; agreements; patent or copyright law or unfair competition law
Status: in_force

Sec. 7. Nothing in this chapter affects:

(1) a written agreement between the fabricator and customer concerning possession of the die, mold, form, jig, or pattern; or

(2) any right of the customer under federal patent or copyright law or any state or federal law pertaining to unfair competition.

[Pre-2002 Recodification Citation: 32-9-6-7.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-19.5-4-3 — Indiana Code / Title 32 / Article 19.5 / Chapter 4 / Section 32-19.5-4-3
Basic and prevailing methods for descriptions; resolution of conflicts
Status: in_force

Sec. 3. (a) Descriptions of tracts of land by reference to the United States public land surveys, other original pertinent surveys, or subdivisions are recognized as the basic and prevailing method for describing such tracts.

(b) If coordinates of the INPCS are used to describe a tract of land that, in the same document, is also described by reference to any subdivision, line, or corner of the United States public land surveys, other original pertinent surveys, or subdivisions:

(1) the description by coordinates must be construed as supplemental to the basic description of the subdivision, line, or corner contained in the official plats and field notes filed of record; and

(2) in the event of any conflict, the description by reference to the subdivision, line, or corner of the United States land surveys, other original pertinent surveys, or subdivisions prevails over the description by coordinates.

As added by P.L.147-2026, SEC.18.
Ind. Code § 32-28-7-4 — Indiana Code / Title 32 / Article 28 / Chapter 7 / Section 32-28-7-4
Action to foreclose or enforce liens
Status: repealed

Sec. 4. If an action to enforce a lien to which this chapter applies was commenced in Indiana before the lien expired, the lien as it existed at the time the action commenced may be enforced.

[Pre-2002 Recodification Citation: 32-8-7-4.]

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-25.5-5-15 — Indiana Code / Title 32 / Article 25.5 / Chapter 5 / Section 32-25.5-5-15
Effect of release or discharge
Status: in_force

Sec. 15. A release or discharge of a respondent from liability to the claimant with respect to the claim does not release or discharge the respondent with respect to any other person who is not a party to the claim.

As added by P.L.141-2015, SEC.14.
Ind. Code § 32-30-5-21 — Indiana Code / Title 32 / Article 30 / Chapter 5 / Section 32-30-5-21
Court approval of final report; discharge of surety; settlement of receivership
Status: in_force

Sec. 21. Upon the:

(1) court's approval of the receiver's final account or report, as provided in section 14 of this chapter; and

(2) receiver's performance and compliance with the court's order made on the final report;

the receiver and the surety on the receiver's bond shall be fully and finally discharged and the court shall declare the receivership estate finally settled and closed subject to the right of appeal of the receiver or any creditor, shareholder, or other interested party who has filed objections or exceptions as provided in section 18 of this chapter.

[Pre-2002 Recodification Citation: 34-48-5-2.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-33-10.5-6 — Indiana Code / Title 32 / Article 33 / Chapter 10.5 / Section 32-33-10.5-6
Procedure for disposal and removal of abandoned or derelict aircraft from premises of public-use airport or fixed-base operator; notice
Status: in_force

Sec. 6. (a) If:

(1) the airport manager of a public-use airport; or

(2) the general manager of a fixed-base operator;

determines that an abandoned aircraft or a derelict aircraft is located on the premises of the public-use airport or of the fixed-base operator, as applicable, the airport manager (or the airport manager's designee) or the general manager (or the general manager's designee) may dispose of the abandoned aircraft or the derelict aircraft in the manner provided in this chapter.

(b) If a determination described in subsection (a) is made that an abandoned aircraft or a derelict aircraft is located on the premises of a public-use airport or of a fixed-base operator, and the airport manager or the general manager making the determination seeks to dispose of the abandoned aircraft or the derelict aircraft under this chapter, the airport manager (or the airport manager's designee) or the general manager (or the general manager's designee) must do the following:

(1) Determine, by contacting the Aircraft Registration Branch of the Federal Aviation Administration, the name and address of:

(A) the last registered owner of the aircraft; and

(B) any other person that has a legal or equitable interest in the aircraft.

(2) Subject to subsection (c), deliver to the aircraft owner and any other person having a legal or equitable interest in the aircraft a written notice stating that the aircraft:

(A) has been determined to be abandoned or derelict; and

(B) is subject to:

(i) disposal and removal from the premises of the public-use airport or of the fixed-base operator;

(ii) the recovery, by the owner or operator of the public-use airport or by the fixed-base operator, of any accrued and unpaid fees or charges incurred with respect to the aircraft while located on the premises of the public-use airport or of the fixed-base operator; and

(iii) the foreclosure of a lien with respect to any fees and charges described in item (ii).

(c) The following requirements apply to the notice required under subsection (b)(2):

(1) The notice must include the following:

(A) A description of the aircraft by Federal Aviation Administration N-Number, manufacturer name, model designation, and serial number.

(B) The facts supporting the determination that the aircraft is abandoned or derelict and is subject to disposal and removal from the premises of the public-use airport or of the fixed-base operator.

(C) The amount of any accrued and unpaid fees or charges:

(i) incurred with respect to the aircraft while located on the premises of the public-use airport or of the fixed-base operator; and

(ii) for which a lien is being asserted.

(D) A statement that upon receipt of the notice, the aircraft owner has thirty (30) days to:

(i) remove the aircraft from the premises of the public-use airport or of the fixed-base operator; and

(ii) pay any accrued and unpaid fees or charges identified under clause (C).

(E) A statement that the public-use airport's owner or operator, or the fixed-base operator, as applicable, may:

(i) assert a lien for any accrued and unpaid fees or charges identified under clause (C) that are not paid within the thirty (30) day period described in clause (D);

(ii) remove and dispose of the aircraft from the premises of the public-use airport or of the fixed-base operator if the aircraft is not removed from the premises within the thirty (30) day period described in clause (D); and

(iii) sell the aircraft at a public auction or bid on the aircraft if it is made available for disposal by means of a public auction.

(F) A statement that the public-use airport's owner or operator, or the fixed-base operator, as applicable, may scrap the aircraft if no bids are received for the aircraft during a public auction of the aircraft.

(G) The hand signature of an authorized signatory for:

(i) the owner or operator of the public-use airport; or

(ii) the fixed-base operator;

as applicable, located immediately above the title of the signatory.

(2) Not later than thirty (30) days after the determination is made that the aircraft is abandoned or derelict, the notice must:

(A) be delivered to the aircraft owner and any other person having a legal or equitable interest in the aircraft by:

(i) certified mail, return receipt requested, and by first class United States mail, postage prepaid;

(ii) a nationally recognized overnight courier service; or

(iii) personal delivery; and

(B) be filed with the Aircraft Registration Branch of the Federal Aviation Administration.

(3) If the registered owner of an aircraft cannot be found or served, notice by publication may be used in lieu of personal service, courier service, or certified mail.

As added by P.L.172-2019, SEC.2.
Ind. Code § 32-26-10-2 — Indiana Code / Title 32 / Article 26 / Chapter 10 / Section 32-26-10-2
Damages
Status: in_force

Sec. 2. (a) An owner or occupant injured either in the owner's or occupant's comfort or the enjoyment of the owner's or occupant's adjoining property by the nuisance described in section 1 of this chapter may bring an action for:

(1) damages in compensation for the nuisance;

(2) the abatement of the nuisance; and

(3) all other remedies for the prevention of a nuisances.

(b) The provisions of law concerning actions for nuisance are applicable to an action under subsection (a).

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

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-23-4-2 — Indiana Code / Title 32 / Article 23 / Chapter 4 / Section 32-23-4-2
"Solar easement" defined
Status: in_force

Sec. 2. As used in this chapter, "solar easement" means an easement obtained for the purpose of exposure of a solar energy device or a passive solar energy system to the direct rays of the sun.

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

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-30-16-3 — Indiana Code / Title 32 / Article 30 / Chapter 16 / Section 32-30-16-3
"Communications service"
Status: in_force

Sec. 3. As used in this chapter, "communications service" has the meaning set forth in IC 8-1-32.5-3.

As added by P.L.236-2017, SEC.1.
Ind. Code § 32-29-6-6 — Indiana Code / Title 32 / Article 29 / Chapter 6 / Section 32-29-6-6
"Person"
Status: in_force

Sec. 6. As used in this chapter, "person" means an individual, a corporation, or any other legal entity.

[Pre-2002 Recodification Citation: 32-8-15.5-6.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-25.5-3.9-4 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.9 / Section 32-25.5-3.9-4
"Single family residence"
Status: in_force

Sec. 4. As used in this chapter, "single family residence" means a residential structure that:

(1) does not share a common wall with any other structure within the homeowners association; and

(2) is designed and built for occupancy by only one (1) family.

As added by P.L.53-2026, SEC.7.
Ind. Code § 32-27-1-4 — Indiana Code / Title 32 / Article 27 / Chapter 1 / Section 32-27-1-4
"Home improvement" defined
Status: in_force

Sec. 4. As used in this chapter, "home improvement" means any alteration, repair, or other modification of an existing home.

[Pre-2002 Recodification Citation: 24-5-11.5-4.]

As added by P.L.2-2002, SEC.12.
Ind. Code § 32-34-10-0.2 — Indiana Code / Title 32 / Article 34 / Chapter 10 / Section 32-34-10-0.2
Application of prior law
Status: in_force

Sec. 0.2. The addition of IC 32-8-40 (before its repeal, now codified in this chapter) by P.L.110-2001 applies to all watercraft located on the property of a marina after January 1, 2001.

As added by P.L.220-2011, SEC.529.
Ind. Code § 32-25-6-3 — Indiana Code / Title 32 / Article 25 / Chapter 6 / Section 32-25-6-3
Unpaid assessments; lien
Status: in_force

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

(1) tax liens on the condominium unit in favor of any:

(A) assessing unit; or

(B) special district; and

(2) all sums unpaid on a first mortgage of record.

(b) A lien under subsection (a) may be filed and foreclosed by suit by the manager or board of directors, acting on behalf of the association of co-owners, under laws of Indiana governing mechanics' and materialmen's liens. In any foreclosure under this subsection:

(1) the condominium unit owner shall pay a reasonable rental for the unit, if payment of the rental is provided in the bylaws; and

(2) the plaintiff in the foreclosure is entitled to the appointment of a receiver to collect the rental.

(c) The manager or board of directors, acting on behalf of the association of co-owners, may, unless prohibited by the declaration:

(1) bid on the condominium unit at foreclosure sale; and

(2) acquire, hold, lease, mortgage, and convey the condominium unit.

(d) Suit to recover a money judgment for unpaid common expenses is maintainable without foreclosing or having the lien securing the expenses.

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

[Pre-2002 Recodification Citation: 32-1-6-24.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-31-8-4 — Indiana Code / Title 32 / Article 31 / Chapter 8 / Section 32-31-8-4
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.2.
Ind. Code § 32-35-2-2 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-2
Claim for immediate delivery
Status: in_force

Sec. 2. A plaintiff may, at the time of issuing the summons, or at any time before final judgment, claim the immediate delivery of property described in section 1 of this chapter.

[Pre-2002 Recodification Citation: 34-21-2-1.]

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-30-7-22 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-22
Order of abatement; requirements; release of property; claiming property
Status: in_force

Sec. 22. (a) If the existence of an indecent nuisance is admitted or established as provided in section 21 of this chapter, the court shall enter an order of abatement as a part of the judgment in the case. The order of abatement must:

(1) direct the removal of all personal property and contents that:

(A) are located at the place described in the complaint;

(B) are used in conducting the indecent nuisance; and

(C) have not already been released under authority of the court as provided in sections 15 and 16 of this chapter;

(2) direct the sale of personal property that belongs to the defendants who were notified or appeared at the hearing, in the manner provided for the sale of chattels under execution; and

(3) require one (1) of the following:

(A) The renewal for one (1) year of any bond furnished by the owner of the real property under section 15(a)(2) of this chapter.

(B) If a bond was not furnished, continue for one (1) year any closing order issued under section 12(b)(2) of this chapter at the time of granting the preliminary injunction.

(C) If a closing order was not issued when the preliminary injunction was granted, direct the effectual closing of the place against its use for any purpose for one (1) year, unless sooner released.

(b) The owner of a place that has been closed and not released under bond may appear and obtain a release in the manner and upon fulfilling the requirements provided in sections 15 and 16 of this chapter.

(c) The release of property under this section does not release the property from any judgment, lien, penalty, or liability to which the property may be subject.

(d) Owners of unsold personal property and contents seized under subsection (a) may:

(1) appear and claim the property within ten (10) days after an order of abatement is made; and

(2) prove to the satisfaction of the court:

(A) that the owner is innocent of any knowledge of the use of the property; and

(B) that with reasonable care and diligence the owner could not have known of the use of the property.

(e) If an owner meets the requirements set forth in subsection (d), the unsold personal property and contents shall be delivered to the owner. Otherwise, the unsold personal property and contents shall be sold as provided in this section.

(f) The officer who removes and sells the personal property and contents under subsection (e) may charge and receive the same fees as the officer would receive for levying upon and selling similar property on execution.

(g) If an order of abatement requires the closing of a place under subsection (a)(3)(C), the court shall allow a reasonable sum to be paid for the cost of closing the place and keeping it closed.

[Pre-2002 Recodification Citation: 34-19-2-17.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-19-1-3 — Indiana Code / Title 32 / Article 19 / Chapter 1 / Section 32-19-1-3
Descriptions of systems; locating position of systems
Status: in_force

Sec. 3. (a) To more precisely describe the Indiana coordinate system of 1927, the following descriptions by the National Ocean Survey/National Geodetic Survey are adopted:

(1) The "Indiana coordinate system of 1927, east zone" is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 85 degrees 40 minutes west of Greenwich, on which meridian the scale is set at one part in 30,000 too small. The origin of coordinates is at the intersection of the meridian 85 degrees 40 minutes west of Greenwich and the parallel 37 degrees 30 minutes north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.

(2) The "Indiana coordinate system of 1927, west zone" is a transverse Mercator projection of the Clarke spheroid of 1866, having a central meridian 87 degrees 05 minutes west of Greenwich, on which meridian the scale is set at one part in 30,000 too small. The origin of coordinates is at the intersection of the meridian 87 degrees 05 minutes west of Greenwich and the parallel 37 degrees 30 minutes north latitude. This origin is given the coordinates: x = 500,000 feet and y = 0 feet.

(b) To more precisely describe the Indiana coordinate system of 1983, the following description by the National Ocean Survey/National Geodetic Survey is adopted:

(1) The "Indiana coordinate system of 1983, east zone" is a transverse Mercator projection of the North American Datum of 1983, having a central meridian 85 degrees 40 minutes west of Greenwich, on which meridian the scale is set at one part in 30,000 too small. The origin of coordinates is at the intersection of the meridian 85 degrees 40 minutes west of Greenwich and the parallel 37 degrees 30 minutes north latitude. This origin is given the coordinates: x = 100,000 meters and y = 250,000 meters.

(2) The "Indiana coordinate system of 1983, west zone" is a transverse Mercator projection of the North American Datum of 1983, having a central meridian 87 degrees 05 minutes west of Greenwich, on which meridian the scale is set at one part in 30,000 too small. The origin of coordinates is at the intersection of the meridian 87 degrees 05 minutes west of Greenwich and the parallel 37 degrees 30 minutes north latitude. This origin is given the coordinates: x = 900,000 meters and y = 250,000 meters.

(c) To locate the position of the coordinate systems on the surface of the earth in Indiana, the following shall be used:

(1) The position of the Indiana coordinate system of 1927 shall be determined from horizontal geodetic control points established throughout Indiana in conformity with the standards of accuracy and specifications for first-order and second-order geodetic surveying as prepared and published by the Federal Geodetic Control Committee (FGCC) of the United States Department of Commerce, whose geodetic positions have been rigidly adjusted on the North American Datum of 1927, and whose coordinates have been computed on the Indiana coordinate system of 1927. Standards and specifications of the FGCC (or its successors) in force on the date of the survey apply.

(2) The position of the Indiana coordinate system 1983 shall be determined from horizontal geodetic control points established throughout Indiana in conformity with the standards of accuracy and specifications for first-order and second-order geodetic surveying as prepared and published by the Federal Geodetic Control Committee (FGCC) of the United States Department of Commerce, whose geodetic positions have been rigidly adjusted on the North American Datum of 1983, and whose coordinates have been computed on the Indiana coordinate system of 1983. Standards and specifications of the FGCC (or its successors) in force on the date of the survey apply.

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

As added by P.L.2-2002, SEC.4.
Ind. Code § 32-33-20-2 — Indiana Code / Title 32 / Article 33 / Chapter 20 / Section 32-33-20-2
"End user"
Status: in_force

Sec. 2. As used in this chapter, "end user" means a person who uses a special tool as part of the person's manufacturing process.

As added by P.L.73-2009, SEC.4.
Ind. Code § 32-23-12-2 — Indiana Code / Title 32 / Article 23 / Chapter 12 / Section 32-23-12-2
"Coal land"
Status: in_force

Sec. 2. As used in this chapter, "coal land" means the coal estate in land that contains coal and is subject to a vested interest by a plaintiff, under this chapter, to the coal lying within the land.

As added by P.L.94-2009, SEC.1.
Ind. Code § 32-26-2-16 — Indiana Code / Title 32 / Article 26 / Chapter 2 / Section 32-26-2-16
Existing fence becoming partition fence; action for payment
Status: in_force

Sec. 16. (a) If a person who encloses previously unenclosed property refuses to pay the owner of an existing fence under section 15 of this chapter, the owner may file a civil action for recovery of the amount due under section 15 of this chapter.

(b) This subsection applies if, before a trial under subsection (a):

(1) the person who encloses the previously unenclosed property offers to the owner of an existing fence; and

(2) the owner of the existing fence refuses to accept;

an amount equal to or larger than the damages awarded at the trial and the costs accrued up to the date of the offer. The owner of the existing fence shall pay the costs of the action and receive only the damages assessed.

[Pre-2002 Recodification Citation: 32-10-2-16.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-30-3-6 — Indiana Code / Title 32 / Article 30 / Chapter 3 / Section 32-30-3-6
Order of possession; prerequisites
Status: in_force

Sec. 6. A court may not issue an order of possession in favor of a plaintiff other than an order of final judgment until the plaintiff has filed with the court a written undertaking in an amount fixed by the court and executed by a surety to be approved by the court binding the plaintiff to the defendant in an amount sufficient to assure the payment of any damages the defendant may suffer if the court wrongfully ordered possession of the property to the plaintiff.

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

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-17-11-12 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-12
"Request" defined
Status: in_force

Sec. 12. As used in this chapter, "request" means:

(1) a proper request for withdrawal; or

(2) a check or order for payment;

that complies with all conditions of the account, including special requirements concerning necessary signatures and regulations of the financial institution. If the financial institution conditions withdrawal or payment on advance notice, for purposes of this section, the request for withdrawal or payment is treated as immediately effective and a notice of intent to withdraw is treated as a request for withdrawal.

[Pre-2002 Recodification Citation: 32-4-1.5-1(12).]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-34-2-2 — Indiana Code / Title 32 / Article 34 / Chapter 2 / Section 32-34-2-2
Disposition of unclaimed balance
Status: in_force

Sec. 2. If the balance is not claimed by the owner within one (1) year after the sale conducted under section 1 of this chapter, the balance must be paid to the county treasurer for the use of the school fund.

[Pre-2002 Recodification Citation: 32-9-2-2.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-26-1-10 — Indiana Code / Title 32 / Article 26 / Chapter 1 / Section 32-26-1-10
Officers of fencing association
Status: in_force

Sec. 10. (a) The board of directors shall appoint a president, secretary, and treasurer.

(b) The treasurer shall give a bond:

(1) sufficient in penalties and securities;

(2) payable to the association by its corporate name; and

(3) conditioned for:

(A) the faithful discharge of the treasurer's duties; and

(B) the safekeeping and prompt payment, according to the order of the board of directors, of all money accessible to the treasurer.

(c) A majority of the board of directors is a quorum for the transaction of business.

(d) Previous notice of any regular or adjourned meeting of the directors is not necessary.

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

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-39-1-19 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-19
"Personal representative"
Status: in_force

Sec. 19. As used in this article, "personal representative" means an executor, an administrator, a special administrator, or a person that performs substantially the same function as an executor, administrator, or special administrator under the law of Indiana other than this article.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-25.5-3-8 — Indiana Code / Title 32 / Article 25.5 / Chapter 3 / Section 32-25.5-3-8
Repealed
Status: repealed

As added by P.L.49-2011, SEC.2. Repealed by P.L.141-2015, SEC.10.
Ind. Code § 32-28-13-3 — Indiana Code / Title 32 / Article 28 / Chapter 13 / Section 32-28-13-3
"Public official"
Status: in_force

Sec. 3. As used in this chapter, "public official" means an individual who holds office or formerly held office at any time during the preceding four (4) years in the executive, judicial, or legislative branch of:

(1) the state or a political subdivision (as defined in IC 5-11-10.5-1); or

(2) the federal government;

in Indiana.

[Pre-2002 Recodification Citation: 32-8-39-2.2.]

As added by P.L.2-2002, SEC.13. Amended by P.L.191-2015, SEC.5.
Ind. Code § 32-23-13-9 — Indiana Code / Title 32 / Article 23 / Chapter 13 / Section 32-23-13-9
Trustee duties; lease
Status: in_force

Sec. 9. (a) The trustee shall do the following:

(1) Enter into negotiations with the adjacent mineral producer petitioner.

(2) Execute a mineral lease in favor of the petitioner covering the interest of the respondents that reflects the findings and judgment of the court.

(3) Promptly prepare and file a report of the mineral lease with the court that states the terms of the lease and the payments received for the lease.

(4) Give notice of the report of the mineral lease to all parties appearing of record.

(b) The court shall review the mineral lease under subsection (a) to determine if the lease is in accordance with the court's findings and judgment. If the court approves the mineral lease, the court shall:

(1) issue an order confirming the lease; and

(2) issue an order terminating the trust.

(c) A lease created under this section continues after the termination of the trust unless the lease expires by its own terms.

As added by P.L.28-2015, SEC.1.
Ind. Code § 32-21-1-10 — Indiana Code / Title 32 / Article 21 / Chapter 1 / Section 32-21-1-10
Commission for finding purchaser of real estate
Status: in_force

Sec. 10. A contract for the payment of any sum of money or thing of value, as a commission or reward for the finding or procuring by one (1) person of a purchaser for the real estate of another, is not valid unless the contract is in writing and signed by the owner of the real estate or the owner's legally appointed and duly qualified representative. For purposes of this section, any general reference to the real estate that is sufficient to identify the real estate is a sufficient description of the real estate.

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

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-21-7-1 — Indiana Code / Title 32 / Article 21 / Chapter 7 / Section 32-21-7-1
Establishing title; payment of taxes and special assessments by adverse possessor; exception for governmental entities and exempt organizations
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), in an action to establish title to real property, possession of the real property is not adverse to the owner in a manner as to establish title to the real property unless the adverse possessor pays all taxes and special assessments that the adverse possessor reasonably believes in good faith to be due on the real property during the period the adverse possessor claims to have adversely possessed the real property. However, this section does not relieve any adverse possessor from proving all the elements of title by adverse possession required by law.

(b) A governmental entity or an entity exempt from federal income taxation under Section 501 of the Internal Revenue Code may claim title to real property by adverse possession without having paid all taxes and special assessments due on the real property during the period of adverse possession if an adjacent property owned by the entity was exempt from the payment of property taxes and special assessments during the period of adverse possession.

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

As added by P.L.2-2002, SEC.6. Amended by P.L.171-2006, SEC.7; P.L.94-2014, SEC.6; P.L.51-2017, SEC.1.
Ind. Code § 32-29-7-7 — Indiana Code / Title 32 / Article 29 / Chapter 7 / Section 32-29-7-7
Redemption by owner before sheriff's sale
Status: in_force

Sec. 7. Before the sale under this chapter, any owner or part owner of the real estate may redeem the real estate from the judgment by payment to the:

(1) clerk before the issuance to the sheriff of the judgment and decree; or

(2) sheriff after the issuance to the sheriff of the judgment and decree;

of the amount of the judgment, interest, and costs for the payment or satisfaction of which the sale was ordered. If the owner or part owner redeems the real estate under this section, process for the sale of the real estate under judgment may not be issued or executed, and the officer receiving the redemption payment shall satisfy the judgment and vacate order of sale. However, if the real estate is redeemed by a part owner, the part owner shall have a lien on the shares of the other owners for their respective shares of the redemption money, with interest at the rate of eight percent (8%) per annum, plus the costs of redemption. The lien shall be of the same force and effect as the judgment lien redeemed by the part owner and shall be enforceable by appropriate legal proceedings.

[Pre-2002 Recodification Citation: 32-8-16-3.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-30-5-11 — Indiana Code / Title 32 / Article 30 / Chapter 5 / Section 32-30-5-11
Actions by a receiver; pleadings
Status: in_force

Sec. 11. In any suit or action by a receiver appointed by any court of record in Indiana, it is only necessary for the receiver, in the receiver’s complaint or pleading, to state:

(1) the court;

(2) the cause of action in which the receiver was appointed; and

(3) the date on which the receiver was appointed.

Proof of the appointment is not required on the trial of the cause unless the appointment is specially denied, in addition to the general denial filed in the cause.

[Pre-2002 Recodification Citation: 34-48-2-1.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-31-7-6 — Indiana Code / Title 32 / Article 31 / Chapter 7 / Section 32-31-7-6
Condition of rental premises upon termination of occupancy
Status: in_force

Sec. 6. At the termination of a tenant's occupancy, the tenant shall deliver the rental premises to the landlord in a clean and proper condition, excepting ordinary wear and tear expected in the normal course of habitation of a dwelling unit.

As added by P.L.92-2002, SEC.1.
Ind. Code § 32-26-5-3 — Indiana Code / Title 32 / Article 26 / Chapter 5 / Section 32-26-5-3
Actions and proceedings; recovery of cutting and trimming expenses
Status: in_force

Sec. 3. The prosecuting attorney shall prosecute a suit under this chapter in the name of the state on relation of a township trustee. The prosecuting attorney shall receive ten dollars ($10) collected as part of the cost of the suit, for bringing a suit under this section.

[Pre-2002 Recodification Citation: 32-10-5-3.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-34-8-23 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-23
Shipwrecked property; inapplicability
Status: in_force

Sec. 23. (a) Sections 1 through 22 of this chapter do not apply to property described in this section.

(b) If, upon any navigable waters within or bordering Indiana, cargo that is shipped as freight, the baggage of passengers, or a part of either of a vessel is cast adrift, afloat, or ashore by a wreck, accident, or mischance of the vessel, the cargo or part of the cargo found and secured by a person may be reclaimed by the captain, clerk, or officer navigating the vessel, the super cargo, or the owner or agent of the owner of the cargo or baggage.

(c) If the property described in this section is not claimed within seven (7) days after the property is found, the finder of the property shall advertise the property as required for articles described in section 1 of this chapter.

[Pre-2002 Recodification Citations: 32-9-3-23; 32-9-3-29.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-34-1.5-3 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-3
Definitions
Status: in_force

Sec. 3. The following definitions apply throughout this chapter:

(1) "Apparent owner" means a person whose name appears on the records of a holder as the owner of property held, issued, or owing by the holder.

(2) "Attorney general's agent" means a person with which the attorney general contracts to conduct an examination under section 53 of this chapter on behalf of the attorney general.

(3) "Business association" means a corporation, joint stock company, investment company other than an investment company registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq.), partnership, unincorporated association, joint venture, limited liability company, business trust, trust company, land bank, safe deposit company, safekeeping depository, financial organization, insurance company, federally chartered entity, utility, sole proprietorship, or other business entity, whether or not for profit.

(4) "Confidential information" means records, reports, and information that are considered confidential under section 78 of this chapter.

(5) "Controllable electronic record" has the meaning set forth in IC 26-1-12-102.

(6) "Domicile" means the following:

(A) For a corporation, the state of its incorporation.

(B) For a business association other than a corporation whose formation requires a filing with a state, the state of its filing.

(C) For a federally chartered entity or an investment company registered under the Investment Company Act of 1940, as amended (15 U.S.C. 80a-1 et seq.), the state of its home office.

(D) For any other holder, the state of its principal place of business.

(7) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(8) "Electronic mail" means a communication by electronic means which is automatically retained and stored and may be readily accessed or retrieved.

(9) "Financial organization" means a savings and loan association, building and loan association, savings bank, industrial bank, bank, banking organization, or credit union.

(10) "Financial organization loyalty program" means a record given without direct monetary consideration, excluding an annual or periodic fee, under an award, reward, benefit, loyalty, incentive, rebate, or other promotional program established by a financial organization for the purpose of rewarding a relationship with the sponsoring financial organization. The term includes:

(A) both a physical card and an electronic record; and

(B) a program offering a record that is redeemable for money or cash or is otherwise monetized by the financial organization.

(11) "Game related digital content" means digital content that exists only in an electronic game or electronic-game platform. The term includes game-play currency such as a virtual wallet, even if denominated in United States currency and, if for use or redemption only within the game or platform or another electronic game or electronic-game platform, points sometimes referred to as gems, tokens, gold, and similar names and digital codes. The term does not include an item that the issuer:

(A) permits to be redeemed for use outside a game or platform for money or goods or services that have more than minimal value; or

(B) otherwise monetizes for use outside a game or platform.

(12) "Gift card" means a stored card value:

(A) the value of which does not expire;

(B) that may be decreased in value only by redemption for merchandise, goods, or services, or due to any fees deducted by the card issuer; and

(C) that, unless required by law, may not be redeemed for or converted into money or otherwise monetized by the issuer.

The term includes a prepaid commercial mobile radio service (as defined in 47 CFR 20.3).

(13) "Holder" means a person obligated to hold for the account of, or to deliver or pay to, the owner property subject to this chapter.

(14) "Insurance company" means an association, corporation, or fraternal or mutual benefit organization, whether or not for profit, engaged in the business of providing life endowments, annuities, or insurance, including accident, burial, casualty, credit life, contract performance, dental, disability, fidelity, fire, health, hospitalization, illness, life, malpractice, marine, mortgage, surety, wage protection, and worker's compensation insurance.

(15) "Loyalty card" means a record given without direct monetary consideration under an award, reward, benefit, loyalty, incentive, rebate, or promotional program which may be used or redeemed only to obtain goods or services or a discount on goods or services. The term does not include a record that may be redeemed for money or otherwise monetized by the issuer.

(16) "Mineral" means gas, oil, coal, oil shale, other gaseous liquid or solid hydrocarbon, cement material, sand and gravel, road material, building stone, chemical raw material, gemstone, fissionable and nonfissionable ores, colloidal and other clay, steam and other geothermal resources, and any other substance defined as a mineral by a law of this state other than this chapter.

(17) "Mineral proceeds" means an amount payable for the extraction, production, or sale of minerals, or, on the abandonment of the amount, an amount that becomes payable after abandonment. The term includes an amount payable:

(A) for the acquisition and retention of a mineral lease, including a bonus, royalty, compensatory royalty, shut-in royalty, minimum royalty, and delay rental;

(B) for the extraction, production, or sale of minerals, including a net revenue interest, royalty, overriding royalty, extraction payment, and production payment; and

(C) under an agreement or option, including a joint-operation agreement, unit agreement, pooling agreement, and farm out agreement.

(18) "Money order" means a payment order for a specified amount of money. The term includes an express money order and a personal money order on which the remitter is the purchaser.

(19) "Municipal bond" means a bond or evidence of indebtedness issued by a municipality or other political subdivision of a state.

(20) "Non-freely transferable security" means a security that cannot be delivered to the attorney general by the Depository Trust & Clearing Corporation or similar custodian of securities providing post-trade clearing and settlement services to financial markets or cannot be delivered because there is no agent to effect transfer. The term includes a worthless security.

(21) "Owner" means a person that has a legal, beneficial, or equitable interest in property subject to this chapter or the person's legal representative when acting on behalf of the owner. The term includes:

(A) for a deposit, a depositor;

(B) for a trust other than a deposit in trust, a beneficiary;

(C) for other property, a creditor, claimant, or payee; and

(D) the lawful bearer of a record that may be used to obtain money, a reward, or a thing of value.

(22) "Payroll card" means a record that evidences a payroll card account as defined in Regulation E (12 CFR Part 1005).

(23) "Person" means an individual, estate, business association, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(24) "Property" means tangible property described in section 8 of this chapter or a fixed and certain interest in intangible property held, issued, or owed in the course of a holder's business or by a government or governmental subdivision, agency, or instrumentality. The term includes:

(A) all income from or increments to the property; and

(B) property referred to as or evidenced by:

(i) money, virtual currency, interest, or a dividend, check, draft, deposit, or payroll card;

(ii) a credit balance, customer's overpayment, security deposit, refund, credit memorandum, unpaid wage, unused ticket for which the issuer has an obligation to provide a refund, mineral proceeds, or unidentified remittance;

(iii) a security, except for a worthless security or a security that is subject to a lien, legal hold, or restriction evidenced on the records of the holder or imposed by operation of law, if the lien, legal hold, or restriction restricts the holder's or owner's ability to receive, transfer, sell, or otherwise negotiate the security;

(iv) a bond, debenture, note, or other evidence of indebtedness;

(v) money deposited to redeem a security, make a distribution, or pay a dividend;

(vi) an amount due and payable under an annuity contract or insurance policy; and

(vii) an amount distributable from a trust or custodial fund established under a plan to provide health, welfare, pension, vacation, severance, retirement, death, stock purchase, profit sharing, employee savings, supplemental unemployment insurance, or a similar benefit.

The term does not include property held in a plan described in Section 529A of the Internal Revenue Code, game related digital content, a financial organization loyalty program, a loyalty card, a gift card, or an in-store credit for returned merchandise.

(25) "Putative holder" means a person believed by the attorney general to be a holder, until the person pays or delivers to the attorney general property subject to this chapter or the attorney general or court makes a final determination that the person is or is not a holder.

(26) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(27) "Security" means:

(A) a security (as defined in IC 26-1-8.1-102);

(B) a security entitlement (as defined in IC 26-1-8.1-102), including a customer security account held by a registered broker-dealer, to the extent the financial assets held in the security account are not:

(i) registered on the books of the issuer in the name of the person for which the broker-dealer holds the assets;

(ii) payable to the order of the person; or

(iii) specifically indorsed to the person; or

(C) an equity interest in a business association not included in clause (A) or (B).

(28) "Sign" means, with present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(29) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(30) "Utility" means a person that owns or operates for public use a plant, equipment, real property, franchise, or license for the following public services:

(A) Transmission of communications or information.

(B) Production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, or gas.

(C) Provision of sewage or septic services, or trash, garbage, or recycling disposal.

(31) "Virtual currency" means a digital representation of value used as a medium of exchange, unit of account, or store of value, which does not have legal tender status recognized by the United States. The term does not include:

(A) the software or protocols governing the transfer of the digital representation of value;

(B) game related digital content;

(C) a financial organization loyalty program; or

(D) a loyalty card.

(32) "Worthless security" means a security whose cost of liquidation and delivery to the attorney general would exceed the value of the security on the date a report is due under this chapter.

As added by P.L.141-2021, SEC.20. Amended by P.L.110-2022, SEC.8; P.L.101-2023, SEC.1; P.L.170-2023, SEC.14; P.L.199-2023, SEC.92.
Ind. Code § 32-26-3-2 — Indiana Code / Title 32 / Article 26 / Chapter 3 / Section 32-26-3-2
Existing rights safeguarded
Status: in_force

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

[Pre-2002 Recodification Citation: 32-10-3-2.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-28-3-11 — Indiana Code / Title 32 / Article 28 / Chapter 3 / Section 32-28-3-11
Undertaking to pay judgment and cost
Status: in_force

Sec. 11. (a) In an action to foreclose a lien:

(1) the defendant or owner of the property subject to the lien; or

(2) any person having an interest in the property subject to the lien, including a mortgagee or other lienholder;

may file in the action a written undertaking with surety to be approved by the court.

(b) An undertaking filed under this section must provide that the person filing it will pay any judgment that may be recovered in the action to foreclose the lien, including costs and attorney's fees allowed by the court, if the claim on which the judgment is founded is found by the court to have been a lien on the property at the time the action was filed.

(c) If an undertaking is filed and approved by the court:

(1) the court shall enter an order releasing the property from the lien; and

(2) the property shall be discharged from the lien.

[Pre-2002 Recodification Citation: 32-8-3-11.]

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-31-12-3 — Indiana Code / Title 32 / Article 31 / Chapter 12 / Section 32-31-12-3
Affidavit
Status: in_force

Sec. 3. (a) A property owner who discovers that a squatter is occupying the owner's property may execute an affidavit stating that the squatter:

(1) is occupying the owner's property;

(2) does not have a rental agreement, permission of the owner, or any other property interest authorizing the individual to occupy the owner's property; and

(3) has never had a rental agreement, permission of the owner, or any other property interest that authorized the individual to occupy the other owner's property.

(b) An affidavit executed under this section must state that a person who makes a false statement on the affidavit is subject to the penalties of perjury.

(c) A law enforcement agency may create a form affidavit that contains all the information required under this section.

As added by P.L.191-2025, SEC.1.
Ind. Code § 32-33-16-2 — Indiana Code / Title 32 / Article 33 / Chapter 16 / Section 32-33-16-2
"Fabricator" defined
Status: in_force

Sec. 2. As used in this chapter, "fabricator" means any individual or entity, including a tool or die maker, who:

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

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

[Pre-2002 Recodification Citation: 32-8-37-1 part.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-29-7-11 — Indiana Code / Title 32 / Article 29 / Chapter 7 / Section 32-29-7-11
Receiver; duties; owner permitted to retain possession of property used as dwelling; limitations
Status: in_force

Sec. 11. (a) If the court appoints a receiver of mortgaged property, the receiver shall take possession of the mortgaged property, collect the rents, issues, income, and profits and apply the rents, issues, income, and profits to the payment of taxes, assessments, insurance premiums, and repairs required in the judgment of the receiver to preserve the security of the mortgage debt. The receiver shall promptly file a final report with the clerk of the court and, subject to the approval of the court, account for and pay over to the clerk, subject to the further order of the court, the balance of income or other proceeds that remain in the receiver's possession.

(b) If the mortgaged property is occupied as a dwelling by the record owner of the fee simple title, the owner shall be permitted to retain possession of the mortgaged property, rent free, until the foreclosure sale if the owner continues to pay the taxes and special assessments levied against the mortgaged property and if the owner, in the judgment of the court, does not suffer waste or other damage to the property. However, if the record owner of the fee simple title does not pay the taxes and special assessments levied against the mortgaged property, the owner may retain possession of that part of the mortgaged property, not exceeding fifteen (15) acres, that is actually occupied as a dwelling by the record owner of the fee simple title, rent free, until the sale, if the owner does not, in the judgment of the court, suffer waste or other damage to the property. The owner of any crops growing on the mortgaged property at the time of the commencement of an action for foreclosure, other than the owner of fee simple title or the owner's assigns, may enter the property to care for and harvest the crops at any time within one (1) year after the filing of the foreclosure action.

[Pre-2002 Recodification Citation: 32-8-16-7.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-29-8-1 — Indiana Code / Title 32 / Article 29 / Chapter 8 / Section 32-29-8-1
Mortgagee or assignee; purchaser at judicial sale
Status: in_force

Sec. 1. If a suit is brought to foreclose a mortgage, the mortgagee or an assignee shown on the record to hold an interest in the mortgage shall be named as a defendant.

[Pre-2002 Recodification Citation: 32-8-17-1 part.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-17.5-1-2 — Indiana Code / Title 32 / Article 17.5 / Chapter 1 / Section 32-17.5-1-2
Effect on other statutes
Status: in_force

Sec. 2. This chapter does not limit the right of a person to waive, release, disclaim, or renounce an interest in or power over property under a statute other than this article.

As added by P.L.5-2003, SEC.1. Amended by P.L.6-2010, SEC.37.
Ind. Code § 32-31-1-17 — Indiana Code / Title 32 / Article 31 / Chapter 1 / Section 32-31-1-17
Occupant without special contract; liability for rent
Status: in_force

Sec. 17. An occupant of land without special contract is liable for the rent to any person entitled to receive the rent.

[Pre-2002 Recodification Citation: 32-7-1-16.]

As added by P.L.2-2002, SEC.16.