Ind. Code § 32-31-1-9 — Indiana Code / Title 32 / Article 31 / Chapter 1 / Section 32-31-1-9
Service of notices
Status: in_force

Sec. 9. (a) Notice required under sections 1 through 7 of this chapter may be served on the tenant.

(b) If the tenant cannot be found, notice may be served on a person residing at the premises. The person serving the notice must explain the contents of the notice to the person being served.

(c) If a person described in subsection (b) is not found on the premises, notice may be served by affixing a copy of the notice to a conspicuous part of the premises.

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

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-23-11-12 — Indiana Code / Title 32 / Article 23 / Chapter 11 / Section 32-23-11-12
Limitation on commencement of action
Status: in_force

Sec. 12. (a) A person may bring an action to establish full rights of possession of the person's right-of-way fee in any part of a right-of-way that is burdened by an easement for railroad purposes not more than thirty (30) years after the right-of-way is abandoned under this chapter.

(b) A person may commence an action to establish the person's ownership of a right-of-way fee in any part of a right-of-way by enforcing a possibility of reverter or a right of entry under IC 32-17-10.

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

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-30-2-20 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-20
Action to determine and quiet title; plaintiffs
Status: in_force

Sec. 20. An action to determine and quiet a question of title to property may be brought by a plaintiff who:

(1) is in possession of the property;

(2) is out of possession of the property; or

(3) has a remainder or reversion interest in the property;

against a defendant who claims title to or an interest in the real property with a claim that is adverse to the plaintiff, even if the defendant is not in possession of the property.

[Pre-2002 Recodification Citation: 32-15-2-20.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-24-4-3 — Indiana Code / Title 32 / Article 24 / Chapter 4 / Section 32-24-4-3
Authority to exercise eminent domain
Status: in_force

Sec. 3. The appropriation and condemnation of land and easements in land authorized under this chapter shall be made under IC 32-24-1, except as otherwise provided in this chapter.

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

As added by P.L.2-2002, SEC.9.
Ind. Code § 32-28-12.5-18 — Indiana Code / Title 32 / Article 28 / Chapter 12.5 / Section 32-28-12.5-18
Lien on funds in escrow account
Status: in_force

Sec. 18. If:

(1) a claim for a lien under this chapter has been filed with the office of the recorder of the county in which commercial real estate or any interest in commercial real estate is located; and

(2) an escrow account is established among:

(A) the one (1) or more parties allegedly responsible for payment of the fees or commissions on which the lien is based;

(B) the broker company that filed the lien; and

(C) an independent third party as escrowee;

from the proceeds of the conveyance, or from any other source of funds, in an amount that is at least one hundred ten percent (110%) of the amount of the lien claimed under this chapter;

the lien against the real estate is extinguished and becomes a lien on the funds contained in the escrow account. The establishment of an escrow account described in this section does not constitute cause for any party to refuse to close the transaction.

As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.62; P.L.116-2015, SEC.35.
Ind. Code § 32-24-2-8 — Indiana Code / Title 32 / Article 24 / Chapter 2 / Section 32-24-2-8
Damage awards and benefit assessments; notice; remonstrances
Status: in_force

Sec. 8. (a) Upon the completion of the list, the works board shall award the damages sustained and assess the benefits accruing to each piece of property on the list.

(b) When the assessments or awards are completed, the works board shall have a written notice served upon the owner of each piece of property, showing the amount of the assessment or award, by:

(1) if the owner is a resident of the municipality, leaving a copy of the notice at the owner's last usual place of residence in the municipality or by delivering a copy to the owner personally and mailing a copy of the notice to the owner's address of record; or

(2) if the owner is not a resident of the municipality, by sending the notice to the owner's address of record by certified mail.

(c) If the owner's residence is unknown, the municipality shall notify the owner by publication once each week for three (3) successive weeks:

(1) with each publication of notice in a daily newspaper of general circulation in the municipality; 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 the municipality.

(d) The notices must also name a day, at least thirty (30) days after service of notice or after the last publication, on which the works board will receive or hear remonstrances from owners with regard to:

(1) the amount of their respective awards or assessments; and

(2) objections to the municipality's right to exercise the power of eminent domain for the use sought.

(e) Persons not included in the list of the assessments or awards and claiming to be entitled to them are considered to have been notified of the pendency of the proceedings by the original notice of the resolution of the works board.

(f) The notice required by this section must provide the full text of subsection (d) to provide notice to the property owners of their right to object to the condemnation and be in substantially the same form as the notice required under IC 32-24-1-6(a).

[Pre-2002 Recodification Citation: 32-11-1.5-5.]

As added by P.L.2-2002, SEC.9. Amended by P.L.80-2020, SEC.5; P.L.152-2021, SEC.34.
Ind. Code § 32-24-1-13 — Indiana Code / Title 32 / Article 24 / Chapter 1 / Section 32-24-1-13
Highways and roads; appointment of appraisers
Status: in_force

Sec. 13. (a) The Indiana department of transportation or any state board, agency, or commission that succeeds the department in respect to the duties to locate, relocate, construct, reconstruct, repair, or maintain the public highways of Indiana, having the right to exercise the power of eminent domain for the public use, in its action for condemnation is not required to prove that an offer of purchase was made to the property owner in an action under this article.

(b) The court shall on the return day fixed at the time of the filing of the complaint appoint appraisers as provided by law and fix a day not later than ten (10) days after the date of the court's order for the appraisers to appear, qualify, and file their report of appraisal.

(c) If the appraisers appointed by the court fail to appear, qualify, and file their report of appraisal as ordered by the court, the court shall discharge the appraisers and appoint new appraisers in the same manner as provided in subsection (b).

[Pre-2002 Recodification Citation: 32-11-1-9.]

As added by P.L.2-2002, SEC.9.
Ind. Code § 32-23-2-6 — Indiana Code / Title 32 / Article 23 / Chapter 2 / Section 32-23-2-6
Alienation, inheritance, or assignment of certain easements in gross of a commercial character declared valid
Status: in_force

Sec. 6. (a) This section applies to the alienation, inheritance, or assignment of:

(1) an easement in gross of a commercial character that was created before January 1, 1990; and

(2) an interest in an easement in gross of a commercial character described in subdivision (1).

(b) This section applies to an easement in gross of a commercial character that was acquired by eminent domain.

(c) Unless the instrument that created the easement states that the easement may not be alienated, inherited, or assigned, the alienation, inheritance, or assignment of an easement in gross of a commercial character that occurred before April 1, 1990, is legalized and declared valid.

As added by P.L.6-2012, SEC.209.
Ind. Code § 32-34-1.5-64 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-64
Request by putative holder for informal conference
Status: in_force

Sec. 64. (a) Not later than thirty (30) days after receipt of a notice under section 63 of this chapter, the putative holder may request an informal conference with the attorney general to review the determination. Except as otherwise provided in this section, the attorney general may designate an employee to act on behalf of the attorney general.

(b) If a putative holder makes a timely request under subsection (a) for an informal conference:

(1) not later than twenty (20) days after the date of the request, the attorney general shall set the time and place of the conference;

(2) the attorney general shall give the putative holder notice in a record of the time and place of the conference;

(3) the conference may be held in person, by telephone, or by electronic means, as determined by the attorney general;

(4) the request tolls the ninety (90) day period under sections 66 and 67 of this chapter until notice of a decision under subdivision (7) has been given to the putative holder or the putative holder withdraws the request for the conference;

(5) the conference may be postponed, adjourned, and reconvened as the attorney general deems appropriate;

(6) the attorney general or the attorney general's designee with the approval of the attorney general may modify or withdraw a determination made under section 63 of this chapter; and

(7) the attorney general shall issue a decision in a record and provide a copy of the record to the putative holder and examiner not later than twenty (20) days after the conference ends.

(c) A conference under subsection (b) is not an administrative remedy and is not a contested case subject to IC 4-21.5. An oath is not required and rules of evidence do not apply in the conference.

(d) At a conference under subsection (b), the putative holder must be given an opportunity to confer informally with the attorney general and the person that examined the records of the putative holder to:

(1) discuss the determination made under section 63 of this chapter; and

(2) present any issue concerning the validity of the determination.

(e) If the attorney general fails to act within the period prescribed in subsection (b)(1) or (b)(7), the failure does not affect a right of the attorney general, except that interest does not accrue on the amount for which the putative holder was determined to be liable under section 63 of this chapter during the period in which the attorney general failed to act until the earlier of:

(1) the date the putative holder initiates administrative review under section 66 of this chapter or files an action under section 67 of this chapter; or

(2) ninety (90) days after the putative holder received notice of the attorney general's determination under section 63 of this chapter if no review was initiated under section 66 of this chapter and no action was filed under section 67 of this chapter.

(f) The attorney general may hold an informal conference with a putative holder about a determination under section 63 of this chapter without a request at any time before the putative holder initiates administrative review under section 66 of this chapter or files an action under section 67 of this chapter.

(g) Interest and penalties under section 71 of this chapter continue to accrue on property not reported, paid, or delivered as required by this chapter after the initiation, and during the pendency, of an informal conference under this section.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-24-5-4 — Indiana Code / Title 32 / Article 24 / Chapter 5 / Section 32-24-5-4
Rights appropriated and condemned; compensation paid
Status: in_force

Sec. 4. Only the rights in land necessary for use in connection with:

(1) the underground storage of gas and those subsurface strata adaptable for underground storage of gas; and

(2) the carbon sequestration pilot project established under IC 14-39-1;

may be appropriated and condemned under this chapter. Rights in the subsurface of land constituting a part of a geological structure are deemed necessary to the operation of an underground storage reservoir in the structure. In determining the compensation to be paid to the owner of an oil producing stratum, or interest in the stratum, condemned under this chapter, proof may be offered and consideration must be given to potential recovery, if any, of oil from a stratum by secondary or other subsequent recovery processes in addition to potential recovery by a primary process.

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

As added by P.L.2-2002, SEC.9. Amended by P.L.291-2019, SEC.15.
Ind. Code § 32-34-1.5-16 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-16
Traveler's checks; money orders
Status: in_force

Sec. 16. The attorney general may take custody of sums payable on a traveler's check, money order, or similar instrument presumed abandoned to the extent permissible under 12 U.S.C. 2501 through 2503.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-32-2-8 — Indiana Code / Title 32 / Article 32 / Chapter 2 / Section 32-32-2-8
"Division" defined
Status: in_force

Sec. 8. "Division" refers to the consumer protection division of the office of the attorney general created by IC 4-6-9-1.

[Pre-2002 Recodification Citation: 24-5-9-7.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-17-8-3.5 — Indiana Code / Title 32 / Article 17 / Chapter 8 / Section 32-17-8-3.5
Trust; subsequent power of appointment created by initial appointment
Status: in_force

Sec. 3.5. When an initial power of appointment in a trust is exercised to create a subsequent power of appointment or nonvested property interest, the subsequent power of appointment or nonvested property interest created through the exercise of the initial power of appointment is considered to have been created at the time of the creation of the initial power of appointment, unless:

(1) the instrument creating the initial power of appointment; or

(2) the instrument exercising the initial power of appointment;

explicitly provides that the subsequent power of appointment is considered to have been created at the time of the irrevocable exercise of the initial power of appointment.

As added by P.L.61-2024, SEC.3. Amended by P.L.105-2026, SEC.10.
Ind. Code § 32-30-5-20 — Indiana Code / Title 32 / Article 30 / Chapter 5 / Section 32-30-5-20
Court approval of partial report; release of surety
Status: in_force

Sec. 20. The court's approval of a receiver's partial account or report, as provided in section 14 of this chapter, releases and discharges the receiver and the surety on the receiver's bond for all matters and things related to or contained in the partial account or report.

[Pre-2002 Recodification Citation: 34-48-5-1.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-34-1.5-51 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-51
Action for denial of claim
Status: in_force

Sec. 51. Not later than one (1) year after filing a claim under section 48(a) of this chapter, the claimant may commence an action against the attorney general in a court with jurisdiction to establish a claim that has been denied or deemed denied under section 49(d) of this chapter.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-23-10-2 — Indiana Code / Title 32 / Article 23 / Chapter 10 / Section 32-23-10-2
Statement of claims; filing; reversion
Status: in_force

Sec. 2. An interest in coal, oil and gas, and other minerals, if unused for a period of twenty (20) years, is extinguished and the ownership reverts to the owner of the interest out of which the interest in coal, oil and gas, and other minerals was carved. However, if a statement of claim is filed in accordance with this chapter, the reversion does not occur.

[Pre-2002 Recodification Citation: 32-5-11-1.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-33-16-9 — Indiana Code / Title 32 / Article 33 / Chapter 16 / Section 32-33-16-9
Actions for replevin not barred
Status: in_force

Sec. 9. This chapter does not bar a customer from bringing action for replevin under IC 32-35-2.

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

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-17.5-8-6 — Indiana Code / Title 32 / Article 17.5 / Chapter 8 / Section 32-17.5-8-6
Effect of disclaimer
Status: in_force

Sec. 6. (a) A disclaimer of a power over property that is barred by this article is ineffective.

(b) A disclaimer of an interest in property that is barred by this article takes effect as a transfer of the interest disclaimed to the persons who would have taken the interest under this article had the disclaimer not been barred.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-21-1-15 — Indiana Code / Title 32 / Article 21 / Chapter 1 / Section 32-21-1-15
Conveyances by quitclaim
Status: in_force

Sec. 15. (a) A conveyance of land that is:

(1) worded in substance as "A.B. quitclaims to C.D." (here describe the premises) "for the sum of" (here insert the consideration); and

(2) signed, sealed, and acknowledged by the grantor (as defined in IC 32-17-1-1);

is a good and sufficient conveyance in quitclaim to the grantee and the grantee's heirs and assigns.

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

[Pre-2002 Recodification Citation: 32-1-2-13.]

As added by P.L.2-2002, SEC.6. Amended by P.L.231-2019, SEC.47.
Ind. Code § 32-31-3-5 — Indiana Code / Title 32 / Article 31 / Chapter 3 / Section 32-31-3-5
"Person" defined
Status: in_force

Sec. 5. As used in this chapter, "person" means an individual, a corporation, an association, a partnership, a governmental entity, a trust, an estate, or any other legal or commercial entity.

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

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-32-2-17 — Indiana Code / Title 32 / Article 32 / Chapter 2 / Section 32-32-2-17
"Representative" defined
Status: in_force

Sec. 17. (a) "Representative" means a person who is not a seller and who, on behalf of a developer, induces other persons to attend a sales presentation.

(b) The term does not include a person who only performs clerical tasks, arranges appointments set up by others, or prepares or distributes promotional materials.

[Pre-2002 Recodification Citation: 24-5-9-15.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-25.5-5-8 — Indiana Code / Title 32 / Article 25.5 / Chapter 5 / Section 32-25.5-5-8
Repealed
Status: repealed

As added by P.L.141-2015, SEC.14. Repealed by P.L.164-2016, SEC.10.
Ind. Code § 32-30-2-17 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-17
Entry order; description of property; service upon owner or occupant
Status: in_force

Sec. 17. An order issued by a court under section 16 of this chapter must describe the property. A copy of the court order must be served upon the owner or person having occupancy and control of the property.

[Pre-2002 Recodification Citation: 32-15-2-17.]

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

[Pre-2002 Recodification Citation: 32-4-5-18.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.18.
Ind. Code § 32-35-1-1 — Indiana Code / Title 32 / Article 35 / Chapter 1 / Section 32-35-1-1
Cause of action; limitations
Status: in_force

Sec. 1. Unless otherwise provided in this title or another law, a cause of action concerning personal property must be brought within the time periods specified in IC 34-11.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-30-7-4 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-4
"Prosecuting official"
Status: in_force

Sec. 4. As used in this chapter, "prosecuting official" refers to public officials who have concurrent jurisdiction to enforce this chapter, including:

(1) the attorney general;

(2) the prosecuting attorney of the circuit in which an indecent nuisance exists;

(3) the corporation counsel or city attorney of the city (if any) in which an indecent nuisance exists; or

(4) an attorney representing the county in which an indecent nuisance exists.

[Pre-2002 Recodification Citation: 34-6-2-121.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-23-12-10 — Indiana Code / Title 32 / Article 23 / Chapter 12 / Section 32-23-12-10
Lease payments
Status: in_force

Sec. 10. Any payment that is owed to a defendant under a coal lease executed by the trustee must be paid by the plaintiff directly to the defendant.

As added by P.L.94-2009, SEC.1.
Ind. Code § 32-34-5-1 — Indiana Code / Title 32 / Article 34 / Chapter 5 / Section 32-34-5-1
"Lender" defined
Status: in_force

Sec. 1. As used in this chapter, "lender" means a person whose name appears on the records of a museum as the person legally entitled to, or claiming to be legally entitled to, property held by the museum.

[Pre-2002 Recodification Citation: 32-9-10-1.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-23-12-5 — Indiana Code / Title 32 / Article 23 / Chapter 12 / Section 32-23-12-5
Court proceedings
Status: in_force

Sec. 5. A proceeding under this chapter must be brought in the circuit or superior court of the county:

(1) where the coal land sought to be affected is entirely located; or

(2) if the coal land is located in more than one (1) county, the county where the major part of the coal land is located.

As added by P.L.94-2009, SEC.1.
Ind. Code § 32-30-6-5 — Indiana Code / Title 32 / Article 30 / Chapter 6 / Section 32-30-6-5
"Vicinity of the locality" defined
Status: in_force

Sec. 5. As used in this chapter, "vicinity of the locality" means the following:

(1) Three (3) miles from the locality (as defined in section 3(2) of this chapter) of a public use airport operation that serves regularly scheduled air carrier or military turbojet aircraft.

(2) One and one-half (1.5) miles from the locality of a public use airport operation that does not serve regularly scheduled air carrier or military turbojet aircraft.

[Pre-2002 Recodification Citation: 34-6-2-149.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-25-8.5-4 — Indiana Code / Title 32 / Article 25 / Chapter 8.5 / Section 32-25-8.5-4
"Claimant"
Status: in_force

Sec. 4. As used in this chapter, "claimant" refers to a party who has a claim against another party.

As added by P.L.141-2015, SEC.5.
Ind. Code § 32-30-8-14 — Indiana Code / Title 32 / Article 30 / Chapter 8 / Section 32-30-8-14
Proof that defendant knew of nuisance not required
Status: in_force

Sec. 14. Except as provided in section 13 of this chapter, the court may order appropriate relief under this chapter without proof that a defendant knew of the existence of the nuisance.

[Pre-2002 Recodification Citation: 34-19-3-14.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-20-2-1 — Indiana Code / Title 32 / Article 20 / Chapter 2 / Section 32-20-2-1
Application
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.5.
Ind. Code § 32-20-3-1 — Indiana Code / Title 32 / Article 20 / Chapter 3 / Section 32-20-3-1
Unbroken chain of title; definition
Status: in_force

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

(1) the official public records disclose a title transaction of record that occurred at least fifty (50) years before the time the marketability is determined; and

(2) the title transaction purports to create an interest in:

(A) the person claiming the interest; or

(B) a person from whom, by one (1) or more title transactions of record, the purported interest has become vested in the person claiming the interest;

with nothing appearing of record purporting to divest the claimant of the purported interest.

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

As added by P.L.2-2002, SEC.5.
Ind. Code § 32-34-1.5-41 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-41
Medal or decoration awarded for military service
Status: in_force

Sec. 41. (a) The attorney general may not sell a medal or decoration awarded for military service in the armed forces of the United States.

(b) The attorney general, with the consent of the respective organization under subdivision (1), agency under subdivision (2), or entity under subdivision (3), may deliver a medal or decoration described in subsection (a) to be held in custody for the owner, to:

(1) a military veterans organization qualified under Section 501(c) of the Internal Revenue Code;

(2) the agency that awarded the medal or decoration; or

(3) a governmental entity.

(c) Upon delivery under subsection (b), the attorney general is not responsible for safekeeping the medal or decoration.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-34-1.5-25 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-25
Publication of notice on a website
Status: in_force

Sec. 25. (a) The attorney general shall give notice to an apparent owner that property presumed abandoned and appearing to be owned by the apparent owner is held by the attorney general under this chapter by maintaining a website or data base accessible by the public and electronically searchable which contains the names reported to the attorney general of all apparent owners for whom property valued at ten dollars ($10) or more is being held by the attorney general.

(b) The website or data base maintained under subsection (a) must include instructions for filing with the attorney general a claim to property and a printable claim form with instructions for its use.

(c) In addition to maintaining the website or data base under subsection (a), the attorney general may use other printed publication, telecommunication, the Internet, or other media to inform the public of the existence of unclaimed property held by the attorney general.

As added by P.L.141-2021, SEC.20. Amended by P.L.55-2025, SEC.2.
Ind. Code § 32-30-10-4 — Indiana Code / Title 32 / Article 30 / Chapter 10 / Section 32-30-10-4
Remedy
Status: in_force

Sec. 4. If there is not an express agreement in the mortgage or a separate instrument for the payment of the sum secured by the mortgage, the remedy of the mortgagee is confined to the property mortgaged.

[Pre-2002 Recodification Citation: 32-15-6-2.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-31-3-16 — Indiana Code / Title 32 / Article 31 / Chapter 3 / Section 32-31-3-16
Liability for withheld deposits
Status: in_force

Sec. 16. A landlord who fails to comply with sections 14 and 15 of this chapter is liable to the tenant in an amount equal to the part of the deposit withheld by the landlord plus reasonable attorney's fees and court costs.

[Pre-2002 Recodification Citation: 32-7-5-16.]

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-18-2-16 — Indiana Code / Title 32 / Article 18 / Chapter 2 / Section 32-18-2-16
Transfers and obligations; when considered made or incurred
Status: in_force

Sec. 16. The following apply for purposes of this chapter:

(1) A transfer is made:

(A) with respect to an asset that is real property other than a fixture (but including the interest of a seller or purchaser under a contract for the sale of the asset), when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(B) with respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien (other than under this chapter) that is superior to the interest of the transferee.

(2) If applicable law permits a transfer to be perfected under subdivision (1) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is considered made immediately before the commencement of the action.

(3) If applicable law does not permit a transfer to be perfected under subdivision (1), the transfer is made when it becomes effective between the debtor and the transferee.

(4) A transfer is not made until the debtor has acquired rights in the asset transferred.

(5) An obligation is incurred:

(A) if oral, when it becomes effective between the parties; or

(B) if evidenced by a record, when the record signed by the obligor is delivered to or for the benefit of the obligee.

[Pre-2002 Recodification Citation: 32-2-7-16.]

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.15.
Ind. Code § 32-21-13-7 — Indiana Code / Title 32 / Article 21 / Chapter 13 / Section 32-21-13-7
Political activity on homeowners association property may not be prohibited; exception
Status: in_force

Sec. 7. (a) This section does not apply to homeowners association property if:

(1) access to the property from the outside is controlled by gates or other means; and

(2) the common areas, including roads and sidewalks, are privately owned and maintained.

(b) As used in this section, "homeowners association property" refers to real property owned by any of the following:

(1) A member of the homeowners association.

(2) The homeowners association.

(3) The members of the homeowners association in common.

(c) A homeowners association may not adopt or enforce a rule or covenant that prohibits, or has the effect of prohibiting:

(1) a candidate;

(2) an individual who holds an elected office;

(3) the spouse of a candidate or individual who holds an elected office; or

(4) a volunteer worker of a candidate or individual who holds an elected office;

from entering onto homeowners association property for purposes of conducting political activity.

As added by P.L.73-2014, SEC.1. Amended by P.L.174-2015, SEC.1.
Ind. Code § 32-33-9-3 — Indiana Code / Title 32 / Article 33 / Chapter 9 / Section 32-33-9-3
Proceeds of sale; disposition
Status: in_force

Sec. 3. (a) The proceeds of a sale that takes place under section 1 of this chapter, after payment of charges for construction or repair and for giving notice by registered or certified mail, shall be:

(1) returned to the entrusting person or owner if the identity and mailing address of the entrusting person or owner are known; or

(2) deposited with the treasurer of the county in which the construction or repair work was performed.

(b) If the entrusting person or owner does not:

(1) claim the article within the thirty (30) days before the date of the sale;

(2) pay for the construction, alteration, or repair; and

(3) provide reimbursement for the expenses of notification;

the mechanic or tradesman may proceed with the sale according to the terms of the notice.

[Pre-2002 Recodification Citation: 32-8-30-3.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-30-10.5-8 — Indiana Code / Title 32 / Article 30 / Chapter 10.5 / Section 32-30-10.5-8
Presuit notice; contents; notices by creditor and court of debtor's right to settlement conference; debtor's contact information; notice to insurance company; exceptions; form of notice
Status: in_force

Sec. 8. (a) This section applies to a foreclosure action that is filed after June 30, 2009. Except as provided in subsection (e) and section 10(g) of this chapter, not later than thirty (30) days before a creditor files an action for foreclosure, the creditor shall send to the debtor by certified mail a presuit notice on a form prescribed by the authority. The notice required by this subsection must do the following:

(1) Inform the debtor that:

(A) the debtor is in default;

(B) the debtor is encouraged to obtain assistance from a mortgage foreclosure counselor; and

(C) if the creditor proceeds to file a foreclosure action and obtains a foreclosure judgment, the debtor has a right to do the following before a sheriff's sale is conducted:

(i) Appeal a finding of abandonment by a court under IC 32-30-10.6.

(ii) Redeem the real estate from the judgment under IC 32-29-7-7.

(iii) Retain possession of the property under IC 32-29-7-11(b), subject to the conditions set forth in IC 32-29-7-11(b).

(2) Provide the contact information for the Indiana Foreclosure Prevention Network.

(3) Include the following statement printed in at least 14 point boldface type:

"NOTICE REQUIRED BY STATE LAW

Mortgage foreclosure is a complex process. People may approach you about "saving" your home. You should be careful about any such promises. There are government agencies and nonprofit organizations you may contact for helpful information about the foreclosure process. For the name and telephone number of an organization near you, please call the Indiana Foreclosure Prevention Network.".

(b) The notice required by subsection (a) shall be sent to:

(1) the address of the mortgaged property; or

(2) the last known mailing address of the debtor if the creditor's records indicate that the mailing address of the debtor is other than the address of the mortgaged property.

If the creditor provides evidence that the notice required by subsection (a) was sent by certified mail, return receipt requested, and in accordance with this subsection, it is not necessary that the debtor accept receipt of the notice for an action to proceed as allowed under this chapter.

(c) Except as provided in subsection (e) and section 10(g) of this chapter, if a creditor files an action to foreclose a mortgage, the creditor shall:

(1) in the case of a foreclosure action filed after June 30, 2009, but before July 1, 2011, include with the complaint served on the debtor, on a form prescribed by the authority; and

(2) subject to subsection (f), in the case of a foreclosure action filed after June 30, 2011, include on the first page of the summons that is served on the debtor in conjunction with the complaint;

a notice that informs the debtor of the debtor's right to participate in a settlement conference, subject to section 9(b) of this chapter. The notice under subdivision (1) or (2) must inform the debtor that the debtor may schedule a settlement conference by notifying the court, not later than thirty (30) days after the complaint is served on the debtor, of the debtor's intent to participate in a settlement conference.

(d) If a creditor files an action to foreclose a mortgage, the creditor shall do the following:

(1) Include with the complaint filed with the court:

(A) except as provided in subsection (e) and section 10(g) of this chapter, a copy of the notices sent to the debtor under subsections (a) and (c), if the foreclosure action is filed after June 30, 2009, but before July 1, 2011; or

(B) the following, if the foreclosure action is filed after June 30, 2011:

(i) Except as provided in subsection (e) and section 10(g) of this chapter, a copy of the notice sent to the debtor under subsection (a).

(ii) The following most recent contact information for the debtor that the creditor has on file: all telephone numbers and electronic mail addresses for the debtor and any mailing address described in subsection (b)(2). The contact information provided under this item is confidential under IC 5-14-3-4(a)(13).

(2) For a foreclosure action filed after June 30, 2011, at the time the complaint is filed with the court, send:

(A) by certified mail, return receipt requested; and

(B) to the last known mailing address of the insurance company;

a copy of the complaint filed with the court to the insurance company of record for the property that is the subject of the foreclosure action.

It is not necessary that the insurance company accept receipt of the copy of the complaint for the creditor to satisfy the requirement of subdivision (2). A creditor's failure to provide a copy of the complaint as required by subdivision (2) does not affect the foreclosure action or subject the creditor to any liability. Subject to section 9(b) of this chapter, in the case of a foreclosure action filed after June 30, 2011, upon the filing of the complaint by the creditor, the court shall send to the debtor, by United States mail and to the address of the mortgaged property, or to an address for the debtor provided by the creditor under subdivision (1)(B)(ii), if applicable, a notice that informs the debtor of the debtor's right to participate in a settlement conference. The court's notice must inform the debtor that the debtor may schedule a settlement conference by notifying the court of the debtor's intent to participate in a settlement conference. The court's notice must specify a date by which the debtor must request a settlement conference, which date must be the date that is thirty (30) days after the date of the creditor's service of the complaint on the debtor under subsection (c), as determined by the court from the service list included with the complaint filed with the court. The court may not delegate the duty to send the notice the court is required to provide under this subsection to the creditor or to any other person.

(e) A creditor is not required to send the notices described in this section if:

(1) the mortgage is secured by a dwelling that is not occupied by the debtor as the debtor's primary residence;

(2) the mortgage has been the subject of a prior foreclosure prevention agreement under this chapter and the debtor has defaulted with respect to the terms of that foreclosure prevention agreement; or

(3) bankruptcy law prohibits the creditor from participating in a settlement conference under this chapter with respect to the mortgage.

(f) Not later than June 1, 2011, the authority, in consultation with the office of judicial administration, shall prescribe language for the notice required under subsection (c)(2) to be included on the first page of the summons that is served on the debtor in a foreclosure action filed after June 30, 2011. The language must convey the same information as the form prescribed by the authority under subsection (c)(1) for foreclosure actions filed after June 30, 2009, but before July 1, 2011. The authority shall make the language prescribed under this subsection available on the authority's Internet web site. A creditor complies with subsection (c)(2) in a foreclosure action filed after June 30, 2011, if the creditor includes on the first page of the summons served on the debtor:

(1) the language that is prescribed by the authority under this subsection and made available on the authority's Internet web site; or

(2) language that conveys the same information as the language that is prescribed by the authority under this subsection and made available on the authority's Internet web site.

As added by P.L.105-2009, SEC.20. Amended by P.L.68-2010, SEC.3; P.L.170-2011, SEC.8; P.L.116-2011, SEC.4; P.L.6-2012, SEC.212; P.L.102-2012, SEC.2; P.L.161-2018, SEC.44.
Ind. Code § 32-34-1.5-61 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-61
Ethics and conflicts of interest
Status: in_force

Sec. 61. The attorney general or an individual employed by the attorney general who participates in, recommends, or approves the award of a contract under section 60(b) of this chapter on or after July 1, 2021, is subject to the ethics and conflicts of interest provisions under IC 4-2-6.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-35-2-1 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-1
Grounds for action
Status: in_force

Sec. 1. If any personal goods, including tangible personal property constituting or representing choses in action, are:

(1) wrongfully taken or unlawfully detained from the owner or person claiming possession of the property; or

(2) taken on execution or attachment and claimed by any person other than the defendant;

the owner or claimant may bring an action for the possession of the property.

[Pre-2002 Recodification Citation: 34-21-1-1.]

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-34-8-15 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-15
Register of stray animals and found articles
Status: in_force

Sec. 15. (a) The clerk shall keep a register of stray animals and found articles.

(b) If several strays or articles are found by one (1) person, there may be only one (1) entry, one (1) advertisement, one (1) fee of the clerk, and one (1) fee of the judge.

[Pre-2002 Recodification Citation: 32-9-3-15.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-29-1-9 — Indiana Code / Title 32 / Article 29 / Chapter 1 / Section 32-29-1-9
Foreclosure to state
Status: in_force

Sec. 9. This chapter does not affect any provisions made by law relating to the foreclosure of mortgages to the state, so far as the provisions conflict with the provisions of this chapter.

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

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-30-1-3 — Indiana Code / Title 32 / Article 30 / Chapter 1 / Section 32-30-1-3
"Tort" defined
Status: in_force

Sec. 3. As used in this chapter, "tort" means an injury to person or property caused by a means other than a breach of contract.

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

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-23-10-3 — Indiana Code / Title 32 / Article 23 / Chapter 10 / Section 32-23-10-3
Presumption of use
Status: in_force

Sec. 3. (a) A mineral interest is considered to be used when:

(1) minerals are produced under the mineral interest;

(2) operations are conducted on the mineral interest for injection, withdrawal, storage, or disposal of water, gas, or other fluid substances;

(3) rentals or royalties are paid by the owner of the mineral interest for the purpose of delaying or enjoying the use or exercise of the rights;

(4) a use described in subdivisions 1 through 3 is carried out on a tract with which the mineral interest may be unitized or pooled for production purposes;

(5) in the case of coal or other solid minerals, there is production from a common vein or seam by the owners of the mineral interest; or

(6) taxes are paid on the mineral interest by the owner of the mineral interest.

(b) A use under or authorized by an instrument that creates a mineral interest continues in force all rights granted by the instrument.

[Pre-2002 Recodification Citation: 32-5-11-3.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-26-2-8 — Indiana Code / Title 32 / Article 26 / Chapter 2 / Section 32-26-2-8
Owner demanding trespassing stray from confiner
Status: in_force

Sec. 8. The owner of a stray animal confined under section 4 of this chapter may demand the stray animal from the person who confined the stray animal only if the following conditions are met:

(1) The owner proceeds under IC 32-34-8-18 to prove that the stray animal is the owner's property.

(2) The owner pays the costs allowed in the case of stray animals.

(3) The owner pays the damages and the costs of assessment.

[Pre-2002 Recodification Citation: 32-10-2-8.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-34-1.5-78 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-78
Confidential information
Status: in_force

Sec. 78. (a) Except as otherwise provided in this chapter, the following are confidential and are exempt from public inspection or disclosure:

(1) Reports and records of a holder in possession of the attorney general or the attorney general's agent.

(2) Personal information and other information derived or otherwise obtained by or communicated to the attorney general or the attorney general's agent from an examination under this chapter of the records of a person.

(b) A record or other information that is confidential under law of this state other than this chapter, another state, or the United States continues to be confidential when disclosed or delivered under this chapter to the attorney general or the attorney general's agent.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-31-3-18 — Indiana Code / Title 32 / Article 31 / Chapter 3 / Section 32-31-3-18
Disclosure of managers and agents
Status: in_force

Sec. 18. (a) A landlord or a person authorized to enter into a rental agreement on behalf of the landlord shall disclose and furnish to the tenant in writing at or before the commencement of the rental agreement the names and addresses of the following:

(1) A person residing in Indiana who is authorized to manage the dwelling unit.

(2) A person residing in Indiana who is reasonably accessible to the tenant and who is authorized to act as agent for the owner for purposes of:

(A) service of process; and

(B) receiving and receipting for notices and demands.

A person who is identified as being authorized to manage under subdivision (1) may also be identified as the person authorized to act as agent under subdivision (2).

(b) This section is enforceable against any successor landlord, owner, or manager.

(c) A person who fails to comply with subsection (a) becomes an agent of each person who is a landlord for purposes of:

(1) service of process and receiving and receipting for notices and demands; and

(2) performing the obligations of the landlord under law or the rental agreement.

(d) If the information required by subsection (a) is not disclosed at the beginning of the rental agreement, the tenant shall be allowed any expenses reasonably incurred to discover the names and addresses required to be furnished.

[Pre-2002 Recodification Citation: 32-7-5-18.]

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

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

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

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

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

(A) a plumbing system;

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

(C) electrical wiring;

for a fixed period.

(2) An insurance contract.

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

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

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

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

including any amendment to the declaration.

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

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

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

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

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

(8) Providers of:

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

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

(9) A land contract (as defined in IC 37-5-2-9.5).

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

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

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

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

As added by P.L.62-2024, SEC.1. Amended by P.L.115-2026, SEC.73.
Ind. Code § 32-25-8-12 — Indiana Code / Title 32 / Article 25 / Chapter 8 / Section 32-25-8-12
Determination not to rebuild after casualty or disaster
Status: in_force

Sec. 12. The following apply if, under section 10 of this chapter, it is not determined by the co-owners to rebuild after a casualty or disaster has occurred:

(1) The property is considered to be owned in common by the condominium unit owners.

(2) The undivided interest in the property owned in common that appertains to each condominium unit owner is the percentage of undivided interest previously owned by the owner in the common areas and facilities.

(3) Any liens affecting any of the condominium units are considered to be transferred in accordance with the existing priorities to the percentage of the undivided interest of the condominium unit owner in the property.

(4) The property is subject to an action for partition at the suit of any condominium unit owner, in which event the net proceeds of sale, together with the net proceeds of the insurance on the property, if any:

(A) are considered as one (1) fund; and

(B) are divided among all the condominium unit owners in a percentage equal to the percentage of undivided interest owned by each owner in the property, after first paying out of the respective shares of the condominium unit owners, to the extent sufficient for the purpose, all liens on the undivided interest in the property owned by each condominium unit owner.

[Pre-2002 Recodification Citation: 32-1-6-21.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-28-8-1 — Indiana Code / Title 32 / Article 28 / Chapter 8 / Section 32-28-8-1
Limitation of actions
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), an action may not be brought for the foreclosure of a lien of an assessment for a:

(1) street;

(2) sewer;

(3) sidewalk;

(4) ditch; or

(5) other public improvement;

if the action is not commenced within five (5) years after the right of action accrues.

(b) If an assessment described in subsection (a) is payable in installments, an action may be brought within fifteen (15) years after the date of the final approval of the assessment as shown by the record creating the lien.

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

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-31-8.5-3 — Indiana Code / Title 32 / Article 31 / Chapter 8.5 / Section 32-31-8.5-3
"Rental premises"
Status: in_force

Sec. 3. As used in this chapter, "rental premises" has the meaning set forth in IC 32-31-7-3.

As added by P.L.168-2020, SEC.18.
Ind. Code § 32-33-1-5 — Indiana Code / Title 32 / Article 33 / Chapter 1 / Section 32-33-1-5
Attorney's fees
Status: in_force

Sec. 5. If the plaintiff recovers on a claim and a lien is foreclosed under this chapter, the plaintiff shall recover and the court may allow a reasonable fee for plaintiff's attorney for bringing and prosecuting the cause of action, all of which shall be recovered from the defendant, and the property in controversy may be sold as in case of sales in foreclosure of chattel mortgages.

[Pre-2002 Recodification Citation: 32-8-21-5.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-33-10.5-3 — Indiana Code / Title 32 / Article 33 / Chapter 10.5 / Section 32-33-10.5-3
"Derelict aircraft"
Status: in_force

Sec. 3. As used in this chapter, "derelict aircraft" means any aircraft:

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

(A) a public-use airport; or

(B) a fixed-base operator;

for a period of at least one hundred fifty (150) days; and

(2) that, throughout the period described in subdivision (1):

(A) is not in a flyable condition;

(B) is not in compliance with applicable Federal Aviation Administration regulations allowing the aircraft to be operated in flight; and

(C) does not have a written repair plan approved and signed by:

(i) a Federal Aviation Administration certified airframe and power plant mechanic; or

(ii) a person authorized to perform maintenance on the aircraft in accordance with Federal Aviation Administration regulations.

As added by P.L.172-2019, SEC.2.
Ind. Code § 32-25-1-2 — Indiana Code / Title 32 / Article 25 / Chapter 1 / Section 32-25-1-2
Persons subject to law
Status: in_force

Sec. 2. (a) The following are subject to this article and to declarations and bylaws of associations of co-owners adopted under this article:

(1) Condominium unit owners.

(2) Tenants of condominium unit owners.

(3) Employees of condominium unit owners.

(4) Employees of tenants of condominium owners.

(5) Any other persons that in any manner use property or any part of property submitted to this article.

(b) All agreements, decisions, and determinations lawfully made by an association of co-owners in accordance with the voting percentages established in:

(1) this article;

(2) the declaration; or

(3) the bylaws;

are binding on all condominium unit owners.

[Pre-2002 Recodification Citation: 32-1-6-31.]

As added by P.L.2-2002, SEC.10. Amended by P.L.2-2005, SEC.83.
Ind. Code § 32-19.5-1-6 — Indiana Code / Title 32 / Article 19.5 / Chapter 1 / Section 32-19.5-1-6
"SPCS"
Status: in_force

Sec. 6. As used in this article, "SPCS" means the State Plane Coordinate System or its successors.

As added by P.L.147-2026, SEC.18.
Ind. Code § 32-30-5-10 — Indiana Code / Title 32 / Article 30 / Chapter 5 / Section 32-30-5-10
Appeal; suspension of receiver's authority; surety
Status: in_force

Sec. 10. (a) In all cases commenced or pending in any Indiana court in which a receiver may be appointed or refused, the party aggrieved may, within ten (10) days after the court’s decision, appeal the court's decision to the supreme court without awaiting the final determination of the case.

(b) In cases where a receiver will be or has been appointed, upon the appellant filing of an appeal bond:

(1) with sufficient surety;

(2) in the same amount as was required of the receiver; and

(3) conditioned for the due prosecution of the appeal and the payment of all costs or damages that may accrue to any officer or person because of the appeal;

the authority of the receiver shall be suspended until the final determination of the appeal.

[Pre-2002 Recodification Citation: 34-48-1-10.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-30-2-4 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-4
Contents of complaint
Status: in_force

Sec. 4. In an action initiated under section 1 of this chapter, the plaintiff's complaint must contain the following information:

(1) A claim that the plaintiff is entitled to the possession of the premises, including a description of the premises.

(2) The interest the plaintiff claims in the premises.

(3) That the defendant unlawfully keeps the plaintiff from possession of the premises.

[Pre-2002 Recodification Citation: 32-15-2-4.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-31-1-12 — Indiana Code / Title 32 / Article 31 / Chapter 1 / Section 32-31-1-12
Sublessees; remedy against landlord
Status: in_force

Sec. 12. A sublessee has the same remedy under the original lease against the chief landlord as the sublessee would have had against the immediate lessor.

[Pre-2002 Recodification Citation: 32-7-1-11.]

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-31-3-7 — Indiana Code / Title 32 / Article 31 / Chapter 3 / Section 32-31-3-7
"Rental agreement" defined
Status: in_force

Sec. 7. (a) As used in this chapter, "rental agreement" means an agreement together with any modifications, embodying the terms and conditions concerning the use and occupancy of a rental unit.

(b) The term includes an agreement, regardless of what the agreement is called, that satisfies the following:

(1) The agreement is entered into after June 30, 2008.

(2) The agreement provides for a rental period, explicitly or implicitly, regardless of the term of the rental period.

(3) The agreement contains an option to purchase.

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

As added by P.L.2-2002, SEC.16. Amended by P.L.62-2008, SEC.2.
Ind. Code § 32-34-1.5-27 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-27
Good faith payment or delivery of property
Status: in_force

Sec. 27. In this chapter, payment or delivery of property is made in good faith if a holder:

(1) had a reasonable basis for believing, based on the facts then known, that the property was required or permitted to be paid or delivered to the attorney general under this chapter; or

(2) made payment or delivery:

(A) in response to a demand by the attorney general or the attorney general's agent; or

(B) under a guidance or ruling issued by the attorney general which the holder reasonably believed required or permitted the property to be paid or delivered.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-34-1.5-29 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-29
Delivery of property to attorney general
Status: in_force

Sec. 29. (a) Except as otherwise provided in this section, upon filing a report under section 18 of this chapter, the holder shall pay or deliver to the attorney general the property described in the report.

(b) If property in a report under section 18 of this chapter is an automatically renewable deposit and a penalty or forfeiture in the payment of interest would result from paying the deposit to the attorney general at the time of the report, the date for payment of the property to the attorney general is extended until a penalty or forfeiture no longer would result from payment.

(c) Tangible property in a safe deposit box shall be delivered to the attorney general not later than thirty (30) days after filing the report under section 18 of this chapter.

(d) If property reported to the attorney general under section 18 of this chapter is a security, the attorney general may:

(1) make an endorsement, instruction, or entitlement order on behalf of the apparent owner to invoke the duty of the issuer, its transfer agent, or the securities intermediary to transfer the security; or

(2) dispose of the security under section 38 of this chapter.

(e) If the holder of property reported to the attorney general under section 18 of this chapter is the issuer of a certificated security, the attorney general may obtain a replacement certificate in physical or book entry form under IC 26-1-8.1-405. An indemnity bond is not required.

(f) The attorney general shall establish procedures for the registration, issuance, method of delivery, transfer, and maintenance of securities delivered to the attorney general by a holder.

(g) An issuer, holder, and transfer agent or other person acting under this section under instructions of and on behalf of the issuer or holder is not liable to the apparent owner for, and must be indemnified by the state against, a claim arising with respect to property after property has been delivered to the attorney general.

(h) A holder is not required to deliver to the attorney general a security identified by the holder as a non-freely transferable security. If the attorney general or holder determines that a security is no longer a non-freely transferable security, the holder shall deliver the security on the next regular date prescribed for delivery of securities under this chapter. The holder shall make a determination annually whether a security identified in a report filed under section 18 of this chapter as a non-freely transferable security is no longer a non-freely transferable security.

As added by P.L.141-2021, SEC.20. Amended by P.L.101-2023, SEC.5.
Ind. Code § 32-21-1-7 — Indiana Code / Title 32 / Article 21 / Chapter 1 / Section 32-21-1-7
Conveyance revocable at will of grantor; provision void as to subsequent purchaser
Status: in_force

Sec. 7. If a conveyance of or charge upon an estate contains a provision for revocation at the will of the grantor, the provision is void as to subsequent purchasers from the grantor, for a valuable consideration, of the estate or interest subject to the provision, even though the provision is not expressly revoked.

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

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-33-7-5 — Indiana Code / Title 32 / Article 33 / Chapter 7 / Section 32-33-7-5
Departed guest's property left behind
Status: in_force

Sec. 5. In case of loss or damage to any property left by a guest after the guest has departed from any hotel, apartment hotel, or inn and ceased to be a guest, the liability of the proprietor is that of "gratuitous bailee" and may not exceed one hundred dollars ($100).

[Pre-2002 Recodification Citation: 32-8-28-4.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-30-2-13 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-13
Recovery from good faith purchaser after new trial
Status: reserved

Sec. 13. A party who, after a new trial, proves that the party is entitled to the premises that have been transferred in good faith to a purchaser may recover the proper amount of damages against the other party, either in the same action or in a subsequent action.

[Pre-2002 Recodification Citation: 32-15-2-13.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-17.5-1-3 — Indiana Code / Title 32 / Article 17.5 / Chapter 1 / Section 32-17.5-1-3
Disclaiming interest in existence on July 1, 2003
Status: repealed

Sec. 3. Except as otherwise provided in IC 32-17.5-8, an interest in or power over property existing on July 1, 2003, may be disclaimed after June 30, 2003, if the time for delivering or filing a disclaimer under IC 32-17-7 (before its repeal) has not expired.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-17.5-3-4 — Indiana Code / Title 32 / Article 17.5 / Chapter 3 / Section 32-17.5-3-4
Partial disclaimer
Status: in_force

Sec. 4. A partial disclaimer may be expressed as:

(1) a fraction;

(2) a percentage;

(3) a monetary amount;

(4) a term of years;

(5) a limitation of a power; or

(6) any other interest or estate in the property.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-31-9-7 — Indiana Code / Title 32 / Article 31 / Chapter 9 / Section 32-31-9-7
"Protected individual"
Status: in_force

Sec. 7. As used in this chapter, "protected individual" means a tenant or applicant:

(1) who is:

(A) a victim; or

(B) an alleged victim;

of an applicable offense; and

(2) who has received either of the following:

(A) A civil order for protection issued or recognized by a court under IC 34-26-5 that restrains a perpetrator from contact with the individual.

(B) A criminal no contact order that restrains a perpetrator from contact with the individual.

As added by P.L.22-2007, SEC.2.
Ind. Code § 32-34-5-15 — Indiana Code / Title 32 / Article 34 / Chapter 5 / Section 32-34-5-15
Conservation measures; liens; liability of museum
Status: in_force

Sec. 15. If a museum applies conservation measures to property under section 14 of this chapter or with the agreement of the lender, unless the agreement provides otherwise, the museum:

(1) acquires a lien on the property in the amount of the costs incurred by the museum; and

(2) is not liable for injury to or loss of the property if the museum:

(A) had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum, or that the property on loan was a hazard to the health and safety of the public or the museum staff; and

(B) exercised reasonable care in the choice and application of conservation measures.

[Pre-2002 Recodification Citation: 32-9-10-15.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-28-15-3 — Indiana Code / Title 32 / Article 28 / Chapter 15 / Section 32-28-15-3
"Record"
Status: in_force

Sec. 3. As used in this chapter, "record" means to record a record (as defined in IC 32-17.5-3-3(a)) with a county recorder in accordance with Indiana law.

As added by P.L.62-2024, SEC.1.
Ind. Code § 32-28-2-1 — Indiana Code / Title 32 / Article 28 / Chapter 2 / Section 32-28-2-1
Succession of lien; action to reinstate record
Status: in_force

Sec. 1. (a) Except as provided in subsections (b) and (c), if the record of a judgment of an Indiana court that would otherwise be a lien upon real estate is destroyed, six (6) months after the date when the record is destroyed the judgment ceases to be a lien upon any real estate as against any right, title, lien on or interest in the real estate accruing to or acquired by any person for a valuable consideration and without notice.

(b) The record of a judgment does not cease to be a lien under subsection (a) six (6) months after the date when the record is destroyed if the judgment plaintiff or the assignee or owner of the judgment, less than six (6) months after the date when the record is destroyed, files an action to reinstate the record of the judgment in the court having jurisdiction of the record.

(c) If the plaintiff obtains a judgment or decree in the action filed under subsection (b), the filing of the action to reinstate the record preserves the lien of the judgment in the same manner and to the same extent as if the record had not been destroyed.

[Pre-2002 Recodification Citation: 32-8-2-1.]

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-21-8-5 — Indiana Code / Title 32 / Article 21 / Chapter 8 / Section 32-21-8-5
Duties of county auditor
Status: in_force

Sec. 5. The county auditor shall:

(1) stamp the tax sale surplus fund disclosure form to indicate the county auditor's receipt of the form; and

(2) remit the duplicate to the taxpayer.

[Pre-2002 Recodification Citation: 32-2-8-5.]

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-17-4-20 — Indiana Code / Title 32 / Article 17 / Chapter 4 / Section 32-17-4-20
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-4-5-21.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.21.
Ind. Code § 32-21-1-9 — Indiana Code / Title 32 / Article 21 / Chapter 1 / Section 32-21-1-9
Conveyance before vesting of power of revocation
Status: in_force

Sec. 9. If a conveyance to a purchaser under either section 7 or 8 of this chapter is made before the person making the conveyance is entitled to execute the person's power of revocation, the conveyance is valid from the time the power of revocation vests in the person.

[Pre-2002 Recodification Citation: 32-2-1-13.]

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-32-3-6 — Indiana Code / Title 32 / Article 32 / Chapter 3 / Section 32-32-3-6
Transfer of interest
Status: in_force

Sec. 6. A transfer of an interest in a time share unit or camping club membership shall be by written contract that includes or incorporates by reference the following provisions:

(1) A legal description of the time share unit or camping site that transfers an interest in real property.

(2) The name and location of the time share unit or camping site.

(3) A system of identification of the time periods assigned to time shares by letter, name, number, or any combination of letters, names, or numbers.

(4) Provisions for assessment of the expenses of the time share project or camping club project and an allocation of those expenses among the time share participants or camping club members.

(5) Provisions for maintenance of the time share units or camping sites.

(6) Provisions for management of the time share project or camping club project.

(7) A description of the rights of the time share participant or camping club member relating to the occupancy of the time share unit or camping site.

[Pre-2002 Recodification Citation: 24-5-9-27.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-34-1.5-10 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-10
Presumption of abandonment for accrued interest
Status: in_force

Sec. 10. At and after the time property is presumed abandoned under this chapter, any other property right or interest accrued or accruing from the property and not previously presumed abandoned is also presumed abandoned.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-21-1-8 — Indiana Code / Title 32 / Article 21 / Chapter 1 / Section 32-21-1-8
Revocation and reconveyance power; person other than grantor
Status: in_force

Sec. 8. If the power to revoke a conveyance of any interest in land, and to reconvey the interest, is given to any person other than the grantor in the conveyance, and the person given the power conveys the interest to a purchaser for a valuable consideration, the subsequent conveyance is valid.

[Pre-2002 Recodification Citation: 32-2-1-12.]

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-25-7-2 — Indiana Code / Title 32 / Article 25 / Chapter 7 / Section 32-25-7-2
Expandable condominiums; contents of declaration
Status: in_force

Sec. 2. (a) If a condominium is an expandable condominium, the declaration shall contain, in addition to the matters specified in section 1 of this chapter:

(1) a general plan of development showing:

(A) the property subject to the condominium;

(B) areas into which expansion may be made; and

(C) the maximum number of condominium units in additional phases that may be added;

(2) a schedule or formula for determining the percentage of undivided interests in the common areas and facilities that will appertain to each condominium unit as each additional phase is added; and

(3) a time limit, not exceeding ten (10) years, within which the phase or phases may be added to the condominium.

(b) If additional phases are not developed within five (5) years after the recordation of the declaration, the development of additional phases is not considered to be part of:

(1) a common scheme; and

(2) development of the entire condominium.

[Pre-2002 Recodification Citation: 32-1-6-12.1.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-33-16-5 — Indiana Code / Title 32 / Article 33 / Chapter 16 / Section 32-33-16-5
Sale of die, mold, form, jig, or pattern at auction
Status: in_force

Sec. 5. If the lienholder has not been paid the amount due within sixty (60) days after the notice provided for in section 4 of this chapter, the lienholder may sell the die, mold, form, jig, or pattern at auction if:

(1) the die, mold, form, jig, or pattern is still in the lienholder's possession; and

(2) the lienholder complies with section 6 of this chapter.

[Pre-2002 Recodification Citation: 32-8-37-4.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-18-2-10 — Indiana Code / Title 32 / Article 18 / Chapter 2 / Section 32-18-2-10
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-2-7-10.]

As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.9.
Ind. Code § 32-21-16.5-2 — Indiana Code / Title 32 / Article 21 / Chapter 16.5 / Section 32-21-16.5-2
"Solicitation"
Status: in_force

Sec. 2. As used in this chapter, "solicitation" includes all methods of print, electronic, or broadcast solicitation, including:

(1) televised advertisement;

(2) radio broadcast;

(3) newspaper or magazine advertisement;

(4) billboard;

(5) post card or other mailer;

(6) yard sign;

(7) website;

(8) electronic mail, text message, or other means of electronic communication;

(9) telephone call;

(10) social media; and

(11) any other print or electronic method.

As added by P.L.47-2024, SEC.3.
Ind. Code § 32-17-14-14 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-14
Registration in beneficiary form
Status: in_force

Sec. 14. (a) Property may be held or registered in beneficiary form by including in the name in which the property is held or registered a direction to transfer the property on the death of the owner to a beneficiary designated by the owner.

(b) Property is registered in beneficiary form by showing on the account record, security certificate, or instrument evidencing ownership of the property:

(1) the name of the owner and, if applicable, the estate by which two (2) or more joint owners hold the property; and

(2) an instruction substantially similar in form to "transfer on death to (insert name of beneficiary)".

An instruction to "pay on death to (insert name of the beneficiary)" and the use of the abbreviations "TOD" and "POD" are also permitted by this section.

(c) Only a transferring entity or a person authorized by the transferring entity may place a transfer on death direction described by this section on an account record, a security certificate, or an instrument evidencing ownership of property.

(d) A transfer on death direction described by this section is effective on the death of the owner and transfers the owner's interest in the property to the designated beneficiary if:

(1) the property is registered in beneficiary form before the death of the owner; or

(2) the transfer on death direction is delivered to the transferring entity before the owner's death.

(e) An account record, security certificate, or instrument evidencing ownership of property that contains a transfer on death direction written as part of the name in which the property is held or registered is conclusive evidence, in the absence of fraud, duress, undue influence, lack of capacity, or mistake, that the direction was:

(1) regularly made by the owner;

(2) accepted by the transferring entity; and

(3) not revoked or changed before the owner's death.

As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.31.
Ind. Code § 32-31-8-5 — Indiana Code / Title 32 / Article 31 / Chapter 8 / Section 32-31-8-5
Landlord obligations
Status: in_force

Sec. 5. A landlord shall do the following:

(1) Deliver the rental premises to a tenant in compliance with the rental agreement, and in a safe, clean, and habitable condition.

(2) Comply with all health and housing codes applicable to the rental premises.

(3) Make all reasonable efforts to keep common areas of a rental premises in a clean and proper condition.

(4) Provide and maintain the following items in a rental premises in good and safe working condition, if provided on the premises at the time the rental agreement is entered into:

(A) Electrical systems.

(B) Plumbing systems sufficient to accommodate a reasonable supply of hot and cold running water at all times.

(C) Sanitary systems.

(D) Heating, ventilating, and air conditioning systems. A heating system must be sufficient to adequately supply heat at all times.

(E) Elevators, if provided.

(F) Appliances supplied as an inducement to the rental agreement.

As added by P.L.92-2002, SEC.2.
Ind. Code § 32-34-5-10 — Indiana Code / Title 32 / Article 34 / Chapter 5 / Section 32-34-5-10
Notice by publication
Status: in_force

Sec. 10. (a) A museum may give notice by publication under this chapter if the museum does not:

(1) know the identity of the lender or any designated agent of the lender;

(2) have an address last known for the lender or any designated agent of the lender; or

(3) receive proof of receipt of the notice by the person to whom the notice was sent within thirty (30) days after the notice was mailed.

(b) Notice by publication under subsection (a) must be given at least once a week for two (2) consecutive weeks in a newspaper of general circulation in:

(1) the county in which the museum is located; and

(2) the county of the lender's last known address, if the identity of the lender is known.

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

As added by P.L.2-2002, SEC.19. Amended by P.L.125-2016, SEC.3.
Ind. Code § 32-28-7-2 — Indiana Code / Title 32 / Article 28 / Chapter 7 / Section 32-28-7-2
Record; notice of lien
Status: in_force

Sec. 2. A mechanic's lien filed under Indiana law expires one (1) year after the debt secured by the lien becomes due, as shown by the record of the lien. If the record of the mechanic's lien does not show when the debt secured by the lien becomes due, the mechanic's lien expires one (1) year after the filing date of the lien.

[Pre-2002 Recodification Citation: 32-8-7-2.]

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-34-1.5-63 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-63
Determination of putative holder's liability
Status: in_force

Sec. 63. If the attorney general determines from an examination conducted under section 53 of this chapter that a putative holder failed or refused to pay or deliver to the attorney general property which is reportable under this chapter, the attorney general shall issue a determination of the putative holder's liability to pay or deliver and give notice in a record to the putative holder of the determination.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-34-7-7 — Indiana Code / Title 32 / Article 34 / Chapter 7 / Section 32-34-7-7
Agreements and patents, copyrights, or unfair competition laws not affected by chapter
Status: in_force

Sec. 7. This chapter does not affect:

(1) a written agreement between the silk screen maker or silk screen user and the customer concerning possession of the silk screen; or

(2) any rights of the customer under federal patent or copyright law or any state or federal law pertaining to unfair competition.

[Pre-2002 Recodification Citation: 32-9-7-6.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-25.5-3-3 — Indiana Code / Title 32 / Article 25.5 / Chapter 3 / Section 32-25.5-3-3
Annual budget; budget meeting; budget approval; records available to members; right of members to attend board meetings; communications not subject to disclosure; records retention; prohibited fees
Status: in_force

Sec. 3. (a) A homeowners association shall prepare an annual budget.

(b) The annual budget must reflect:

(1) the estimated revenues and expenses for the budget year; and

(2) the estimated surplus or deficit as of the end of the current budget year.

(c) The homeowners association shall provide each member of the homeowners association with:

(1) a:

(A) copy of the proposed annual budget; or

(B) written notice that a copy of the proposed annual budget is available upon request at no charge to the member; and

(2) a written notice of the amount of any increase or decrease in a regular annual assessment paid by the members that would occur if the proposed annual budget is approved;

before the homeowners association meeting held under subsection (d).

(d) Subject to subsection (f) and section 3.1 of this chapter, a homeowners association budget must be approved at a meeting of the homeowners association members by a majority of the members of the homeowners association in attendance at a meeting called and conducted in accordance with the requirements of the homeowners association's governing documents.

(e) For purposes of this section, a member of a homeowners association is considered to be in attendance at a meeting if the member attends:

(1) in person;

(2) by proxy;

(3) by remote or virtual means in accordance with the procedures set forth in IC 23-17-10-1(d) through IC 23-17-10-1(f); or

(4) by any other means allowed under:

(A) state law; or

(B) the governing documents of the homeowners association.

(f) Except as provided in sections 3.1, 3.2, and 3.3 of this chapter, if the number of members of the homeowners association in attendance at a meeting held under subsection (d) does 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 one hundred percent (100%) of the amount of the last approved homeowners association annual budget.

(g) Subject to subsection (k):

(1) the financial records, including all contracts, invoices, bills, receipts, and bank records, of a homeowners association must be available for inspection by each member of the homeowners association upon written request; and

(2) the minutes of meetings of the homeowners association board, including the annual meeting, must be available to a member of the homeowners association for inspection upon the homeowners association member's request, which may be submitted:

(A) in person;

(B) in writing; or

(C) by electronic mail or other electronic means.

In addition to the right to inspect the meeting minutes of the homeowners association board, a member of a homeowners association has the right to attend any meeting of the homeowners association board, including an annual meeting of the board. For each meeting of the homeowners association board, the board must provide at least four (4) days advance written notice of the meeting to members of the homeowners association. The meeting notice must include an agenda for the meeting. The meeting notice for the annual meeting of the board must also include a statement of the right of homeowners association members to demand a special meeting of the members under section 2 of this chapter, including a statement of the number of members required to demand a special meeting, as determined under section 2(a) of this chapter. The board may provide a written meeting notice required under this subsection by hand delivery, United States mail, or electronic mail or other electronic means. However, the board of directors may meet in private to discuss delinquent assessments. The board of directors may also meet in private with legal counsel to discuss the initiation of litigation or to discuss litigation that either is pending or has been threatened specifically in writing. As used in this subsection, "litigation" includes any judicial action or administrative law proceeding under state or federal law.

A written request for inspection must identify with reasonable particularity the information being requested. A member's ability to inspect records under this section shall not be unreasonably denied or conditioned upon provision of an appropriate purpose for the request. The homeowners association may not charge a fee for the copying of a record requested under this subsection if the homeowners association member requests a written copy of the record.

(h) Subject to subsections (j) and (k), if there is a dispute between a homeowner and a homeowners association, the officers of the homeowners association must make all communications concerning the dispute available to the homeowner.

(i) Subject to subsections (j) and (k), the following apply:

(1) A homeowners association shall make all communications and information concerning a lot available to the owner of the lot or a home on the lot.

(2) If a homeowners association initiates communication with any member about another member's lot, the homeowners association must give a copy of that communication to the other member whose lot is the subject of the communication. However, this subdivision does not apply if the communication concerns suspected criminal activity, or activity that is the subject of a law enforcement investigation, involving the member whose lot is the subject of the communication.

(j) A homeowners association is not required to make:

(1) communications between the homeowners association and the legal counsel of the homeowners association; and

(2) other communications or attorney work product prepared in anticipation of litigation;

available to the owner of a lot or home.

(k) A homeowners association is not required to make available to a member for inspection any of the following:

(1) Unexecuted contracts.

(2) Records regarding contract negotiations.

(3) Information regarding an individual member's association account to a person who is not a named party on the account.

(4) Any information that is prohibited from release under state or federal law.

(5) Any records that were created more than two (2) years before the request.

(6) Information that:

(A) is provided by a member of the homeowners association about another member of the homeowners association; and

(B) concerns suspected criminal activity involving the other member.

Except as otherwise provided in this article (including subsection (j) and this subsection), other applicable law, or the governing documents of the homeowners association, a homeowners association is not required to retain a record of a written or electronic communication for any specific period of time. However, a homeowners association or a member of the board of a homeowners association shall retain for at least two (2) years after the date it is received or sent, and during that period shall make available to a member of the homeowners association at the member's request, any written or electronic communication received or sent by the homeowners association or board member that relates to a financial transaction of the homeowners association and that is not otherwise excepted from disclosure under this article or other applicable law.

(l) Except for information described in subsection (k)(4), nothing in this chapter:

(1) abrogates or eliminates provisions in homeowners association agreements that permit or require additional disclosure or inspection rights not required by this chapter; or

(2) prevents a homeowners association from agreeing to make disclosures or to provide inspection rights not required by this chapter.

(m) A homeowners association may not charge a fee to search for a record in response to a written request submitted under this chapter.

(n) Notwithstanding any other law, a homeowners association, an agent of a homeowners association, or a homeowners association management company may not charge a homeowner a fee associated with any services that are included in the homeowner's association assessment and provided by the homeowners association, agent of the homeowners association, or homeowners association management company, including services related to:

(1) waste management for common areas;

(2) maintenance of common areas;

(3) landscaping of common areas;

(4) maintenance of common amenities;

(5) security for the subdivision; or

(6) administrative duties.

This subsection does not prohibit a homeowners association, an agent of a homeowners association, or a homeowners association management company from charging a homeowner a fee for any optional service that is offered to a homeowner in connection with the homeowner's individual lot, parcel, tract, unit, or interest in the subdivision and that the homeowner opts to receive from the homeowners association, agent of the homeowners association, or homeowners association management company. However, any service that is included in a homeowners association assessment may not be reclassified as an optional service and charged as a separate fee unless such reclassification is approved by a majority of the members of the homeowners association in attendance at a meeting (as determined under subsection (e)) called and conducted in accordance with the requirements of the homeowners association's governing documents. A schedule of any optional services offered by the homeowners association, an agent of the homeowners association, or a homeowners association management company must be approved by the board and distributed to members of the homeowners association on at least an annual basis and whenever there is a change in the fees for any of the offered services. The amount of any unpaid fee for an optional service provided to a homeowner under this subsection does not constitute a lien against the homeowner's property. This subsection does not abrogate or limit the authority of a homeowners association to charge or collect the homeowners association assessments or fines expressly identified in the homeowners association's governing documents. This subsection does not affect the ability of a homeowners association, an agent of a homeowners association, or a homeowners association management company to take debt collection efforts for assessments, fees for optional services, or fines allowable under the homeowners association's governing documents.

(o) Notwithstanding any other law, a homeowners association, an agent of a homeowners association, or a homeowners association management company may not charge a homeowner a fee associated with the production of a statement of account setting forth the amount of any unpaid assessments or other charges due and owing from the homeowner. An account statement must be maintained by the homeowners association or its agent, and must be provided to a homeowner upon request.

As added by P.L.167-2009, SEC.2. Amended by P.L.231-2013, SEC.11; P.L.141-2015, SEC.8; P.L.164-2016, SEC.5; P.L.53-2026, SEC.2; P.L.155-2026, SEC.4.
Ind. Code § 32-25-2-5 — Indiana Code / Title 32 / Article 25 / Chapter 2 / Section 32-25-2-5
"Common expenses"
Status: in_force

Sec. 5. "Common expenses" means:

(1) all sums lawfully assessed against the co-owners by the association of co-owners;

(2) expenses of:

(A) administration;

(B) maintenance;

(C) repair; or

(D) replacement;

of the common areas and facilities;

(3) expenses agreed upon as common expenses by the association of co-owners; and

(4) expenses declared common expenses by:

(A) this article;

(B) the declaration; or

(C) the bylaws.

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

As added by P.L.2-2002, SEC.10. Amended by P.L.2-2005, SEC.84.
Ind. Code § 32-17-2-3 — Indiana Code / Title 32 / Article 17 / Chapter 2 / Section 32-17-2-3
Future estates; life estates; remainders
Status: in_force

Sec. 3. (a) A freehold estate and a chattel real may be created to begin at a future day.

(b) An estate for life:

(1) may be created in a term of years with or without the intervention of a precedent estate; and

(2) a remainder may be limited on the estate for life.

(c) A remainder of a freehold or a chattel real, either contingent or vested, may be created, expectant on the termination of a term of years.

[Pre-2002 Recodification Citation: 32-1-2-34.]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-32-3-12 — Indiana Code / Title 32 / Article 32 / Chapter 3 / Section 32-32-3-12
Required disclosures
Status: in_force

Sec. 12. (a) A developer, or exchange company if the exchange company is dealing directly with the participants or camping club members, that offers a program for the exchange of occupancy rights among time share participants or camping club members or with the purchasers or members in other time share or camping club projects, or both, shall give in writing to the camping club members or time share participants the following information:

(1) The name and address of the exchange company offering the exchange program.

(2) A statement indicating whether the exchange company or any of its officers or directors has any legal or beneficial interest in any interest of the developer or managing agent in any plan to sell time shares or camping club memberships included in the program and, if so, the name, location, and nature of the interest.

(3) A statement that the time share participant's or camping club member's contract with the exchange company is a contract separate and distinct from the contract to purchase the time share or camping club membership, unless the exchange company and the developer or an affiliate of the developer are the same.

(4) A statement indicating whether the participant's or member's participation in the exchange project is dependent upon the continued inclusion of the plan to sell time shares or camping club memberships in the program.

(5) A statement indicating whether the purchaser's or member's membership or participation in the exchange program is voluntary or mandatory.

(6) A complete and accurate description of the following:

(A) The terms and conditions of the purchaser's contractual relationship with the company and the procedure by which changes in the contractual relationship and may be made.

(B) The procedure to qualify for and make exchanges.

(C) All limitations, restrictions, and priorities of the program, including limitations on exchanges based on the seasons of the year, the size of units, or levels of occupancy. The written description of the limitations, restrictions, and priorities given under this clause must be printed in boldface type and, if the limitations, restrictions, and priorities are not uniformly applied by the program, must include a clear description of the manner in which they are applied.

(7) A statement, which must be printed on all promotional brochures, pamphlets, advertisements, and other materials disseminated by the exchange company that indicate the percentage of confirmed exchanges, to the effect that:

(A) the percentage of confirmed exchanges is a summary of the requests for exchanges received by the exchange company in the most recent annual reporting period; and

(B) the percentage does not indicate the probability of a purchaser or members being confirmed to any specific choice since availability at individual locations may vary.

(8) A statement indicating whether exchanges are arranged on the basis of available space and whether there are any guarantees of fulfilling specific requests for exchanges.

(9) A statement indicating whether and under what circumstances a participant or member, in dealing with the exchange company, may lose the right to use and occupy a time share unit or camping site in any properly applied for exchange without being provided with substitute accommodations by the company.

(10) A statement of the fees to be paid by participants or members in the program, including a statement indicating whether any fees may be changed by the exchange company, and if so, the circumstances under which those changes may be made.

(11) The name and address of the site of each time share or camping club project included in the program.

(b) The information required by subsection (a) must be delivered to the camping club member or time share participant before the execution of:

(1) any contract between the camping club member or time share participant and the exchange company; or

(2) the contract to purchase the time share or camping club membership.

(c) Upon receipt of the information required by subsection (a), the camping club member or time share participant shall certify in writing that the member or participant has received the information from the developer.

(d) Except as otherwise provided in this section, the information required by subsection (a) must be accurate as of thirty (30) days before the date on which the information is delivered to the participant or member.

[Pre-2002 Recodification Citation: 24-5-9-33.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-23-5-4 — Indiana Code / Title 32 / Article 23 / Chapter 5 / Section 32-23-5-4
"Third party right of enforcement"
Status: in_force

Sec. 4. As used in this chapter, "third party right of enforcement" means a right that is:

(1) provided in a conservation easement to enforce any of the conservation easement's terms; and

(2) granted to a governmental body, charitable corporation, charitable association, or charitable trust that is eligible to be a holder but is not a holder.

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

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-34-1.5-35 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-35
Disposal of property; actions against state
Status: in_force

Sec. 35. (a) If the attorney general takes custody of property delivered under this chapter and later determines that the property has no substantial commercial value or that the cost of disposing of the property will exceed the value of the property, the attorney general may return the property to the holder or destroy or otherwise dispose of the property.

(b) An action or proceeding may not be commenced against the state, an agency of the state, the attorney general, another officer, employee, or agent of the state, or a holder for or because of an act of the attorney general under this section, except for intentional misconduct or malfeasance.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-30-16-10 — Indiana Code / Title 32 / Article 30 / Chapter 16 / Section 32-30-16-10
Property owner's cause of action for decrease in value of real property; time limit for bringing action
Status: in_force

Sec. 10. Subject to sections 8(e) and 13 of this chapter, and except as provided by section 9 of this chapter, a property owner may bring a cause of action under section 12 of this chapter against an electricity supplier for damages relating to a decrease in value of the property owner's real property caused by the attachment or installation of communications infrastructure within the electric easement, not later than two (2) years from the later of:

(1) July 1, 2017; or

(2) the date upon which the notice under section 8 of this chapter is delivered to the property owner, as determined under section 8(d) of this chapter.

As added by P.L.236-2017, SEC.1.
Ind. Code § 32-17-5-2 — Indiana Code / Title 32 / Article 17 / Chapter 5 / Section 32-17-5-2
Decree selling, exchanging, or leasing property
Status: in_force

Sec. 2. On application of a party in interest described in section 1 of this chapter, the circuit court, superior court, or probate court may, if all the parties are:

(1) parties to the proceedings and before the court; or

(2) properly served with notice as in other civil actions;

decree a sale, exchange, or lease of the real estate, or sale or exchange of the personal property, if the court considers a sale, exchange, or lease to be advantageous to the parties concerned.

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

As added by P.L.2-2002, SEC.2. Amended by P.L.84-2016, SEC.135.
Ind. Code § 32-30-11-6 — Indiana Code / Title 32 / Article 30 / Chapter 11 / Section 32-30-11-6
Index of notices filed with clerk
Status: in_force

Sec. 6. Upon filing and recording the notices described in this chapter, the clerk shall index the notices by the names of each party whose interest in the real estate might be affected by the suit, attachment, or execution. The clerk shall maintain entries for each notice listing:

(1) the plaintiff versus the names of all the defendants; and

(2) each defendant whose real estate is sought to be affected at the suit of the plaintiff.

[Pre-2002 Recodification Citation: 34-34-1-6.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-21-2-15 — Indiana Code / Title 32 / Article 21 / Chapter 2 / Section 32-21-2-15
Recording of instrument concerning real property, electronic recording
Status: in_force

Sec. 15. An instrument concerning real property that may be recorded with a county recorder under this title may be recorded electronically as an electronic document as provided under IC 32-21-2.5.

As added by P.L.127-2017, SEC.7. Amended by P.L.185-2021, SEC.44.
Ind. Code § 32-34-8-6 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-6
Advertisement; value exceeding $10
Status: in_force

Sec. 6. Property described in section 1 of this chapter that is greater than ten dollars ($10) in value must be advertised in a newspaper of the county, if there be one, and if not, in a paper in Indiana nearest the county where the property was found. The clerk shall forward to the printer a copy of the register that is marked on the outside, "Stray Property," together with a fee of one dollar ($1) out of which the printer shall pay postage.

[Pre-2002 Recodification Citation: 32-9-3-6.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-17-5-5 — Indiana Code / Title 32 / Article 17 / Chapter 5 / Section 32-17-5-5
Jurisdiction; guardian ad litem
Status: in_force

Sec. 5. (a) The circuit court, superior court, or probate court:

(1) of the county in which a will, deed, or instrument:

(A) is probated or recorded; and

(B) under or from which a party claims or derives the party's interest in the real or personal property that is the subject of the will, deed, or instrument; or

(2) that has jurisdiction of a trust from which the property is derived;

has jurisdiction to hear and determine the rights of the parties under this chapter. Proceedings under this chapter are commenced by complaint as in other civil actions.

(b) For an infant defendant who is a member of the class for whom property that is the subject of a proceeding under this chapter is held:

(1) in reversion;

(2) in remainder; or

(3) upon condition;

the court shall appoint a special guardian ad litem who is not related to any of the parties interested in the property. The living members stand for and represent the whole class, and the parties stand for and represent the full title and whole interest in the property.

[Pre-2002 Recodification Citation: 32-4-8-2.]

As added by P.L.2-2002, SEC.2. Amended by P.L.84-2016, SEC.136.
Ind. Code § 32-29-1-5 — Indiana Code / Title 32 / Article 29 / Chapter 1 / Section 32-29-1-5
Form; mortgage
Status: in_force

Sec. 5. A mortgage of land that is:

(1) worded in substance as "A.B. mortgages and warrants to C.D." (here describe the premises) "to secure the repayment of" (here recite the sum for which the mortgage is granted, or the notes or other evidences of debt, or a description of the debt sought to be secured, and the date of the repayment); and

(2) dated and signed, sealed, and acknowledged by the grantor;

is a good and sufficient mortgage to the grantee and the grantee's heirs, assigns, executors, and administrators, with warranty from the grantor (as defined in IC 32-17-1-1) and the grantor's legal representatives of perfect title in the grantor and against all previous encumbrances. However, if in the mortgage form the words "and warrant" are omitted, the mortgage is good but without warranty.

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

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-17-6-3 — Indiana Code / Title 32 / Article 17 / Chapter 6 / Section 32-17-6-3
Renouncing right of appointment
Status: reserved

Sec. 3. A renouncement of a right of appointment is final and irrevocable unless the right to revoke the renouncement or to repossess the right of appointment is expressly reserved in the instrument of renouncement.

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

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-33-2-4 — Indiana Code / Title 32 / Article 33 / Chapter 2 / Section 32-33-2-4
Enforcement of lien; complaint; requisites; order of attachment
Status: in_force

Sec. 4. (a) Any person aggrieved by a cause set forth in section 1 of this chapter may have an action against the boat, vessel, or other watercraft in the county where the boat, vessel, or other watercraft may be found, or against the owners of the boat, vessel, or other watercraft, to enforce a lien provided for in section 2 of this chapter.

(b) If the complaint in the action shows:

(1) the particulars of the demand;

(2) the amount due; and

(3) a demand made upon the owner, master, clerk, or consignee and refusal of payment, and verified by the affidavit of the plaintiff or other person in the plaintiff's behalf;

an order of attachment shall be issued by the clerk against the boat, vessel, or other watercraft and the tackle and furniture of the boat, vessel, or other watercraft. The order of attachment must be directed, executed, and returned as an order of attachment in other cases.

[Pre-2002 Recodification Citation: 32-8-22-4.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-24-2-5 — Indiana Code / Title 32 / Article 24 / Chapter 2 / Section 32-24-2-5
Alternate procedure
Status: in_force

Sec. 5. If:

(1) a municipality has the power to acquire property under this chapter; or

(2) another statute provides for proceedings by a municipality for acquiring property under this chapter;

the board exercising those powers may proceed under IC 32-24-1 instead of this chapter.

[Pre-2002 Recodification Citation: 32-11-1.5-2.]

As added by P.L.2-2002, SEC.9.
Ind. Code § 32-34-1.5-36 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-36
Periods of limitation; commencement of action by attorney general
Status: in_force

Sec. 36. (a) Expiration before, on, or after the effective date of this chapter of a period of limitation on an owner's right to receive or recover property, whether specified by contract, statute, or court order, does not prevent the property from being presumed abandoned or affect the duty of the holder under this chapter to file a report or pay or deliver property to the attorney general.

(b) The attorney general may not commence an action or proceeding to enforce this chapter with respect to the reporting, payment, or delivery of property more than five (5) years after the holder filed a nonfraudulent report under section 18 of this chapter with the attorney general. The parties may agree in a record to extend the limitation in this subsection.

(c) The attorney general may not commence an action, proceeding, or examination with respect to a duty of a holder under this chapter more than ten (10) years after the duty arose.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-33-2-5 — Indiana Code / Title 32 / Article 33 / Chapter 2 / Section 32-33-2-5
Joinder of plaintiffs in complaint
Status: in_force

Sec. 5. In all actions contemplated in section 4 of this chapter, all or any of the persons having demands described in section 4 of this chapter may join in a complaint against the boat, vessel, or other watercraft either at the commencement of the action or at any time afterwards, before judgment, upon filing the requisite complaint and affidavit.

[Pre-2002 Recodification Citation: 32-8-22-5.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-17.5-2-5 — Indiana Code / Title 32 / Article 17.5 / Chapter 2 / Section 32-17.5-2-5
"Fiduciary"
Status: in_force

Sec. 5. "Fiduciary" means:

(1) a personal representative, a trustee, or an agent acting under a power of attorney; or

(2) a person authorized to act as a fiduciary with respect to the property of another person.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-29-10-5 — Indiana Code / Title 32 / Article 29 / Chapter 10 / Section 32-29-10-5
Expiration of lien; limitation of actions
Status: in_force

Sec. 5. Notwithstanding any other Indiana statute:

(1) the lien of a series mortgage expires ten (10) years after the final maturity date of the series mortgage; and

(2) an action may not be commenced in an Indiana court to enforce or to foreclose the lien of a series mortgage more than ten (10) years after the final maturity date of the series mortgage.

[Pre-2002 Recodification Citation: 32-8-19-2.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-25-9-1 — Indiana Code / Title 32 / Article 25 / Chapter 9 / Section 32-25-9-1
Compliance with articles, bylaws, covenants, etc.; organization of co-owners
Status: in_force

Sec. 1. (a) Each condominium unit owner shall comply with:

(1) the articles of incorporation or association;

(2) the bylaws;

(3) any administrative rules adopted under:

(A) the articles of incorporation or association; or

(B) the bylaws; and

(4) the covenants, conditions, and restrictions set forth in:

(A) the declaration; or

(B) the deed to the owner's condominium unit.

(b) Failure to comply as required under subsection (a) is grounds for an action:

(1) to recover sums due;

(2) for damages;

(3) for injunctive relief; or

(4) for any other legal or equitable relief;

maintainable by the manager or board of directors on behalf of the association of co-owners or by an aggrieved co-owner.

(c) The association of co-owners may be organized as:

(1) a nonprofit corporation under:

(A) IC 23-7-1.1 (before its repeal August 1, 1991); or

(B) IC 23-17; or

(2) an unincorporated association.

[Pre-2002 Recodification Citation: 32-1-6-8.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-26-4-2 — Indiana Code / Title 32 / Article 26 / Chapter 4 / Section 32-26-4-2
Examination of live fences; notice to cut or trim; collection of expenses
Status: in_force

Sec. 2. (a) The trustee of each township, the county highway superintendent, the Indiana department of transportation, or other officer in control of the maintenance of a highway shall between January 1 and April 1 of each year, examine all hedges, live fences, natural growths along highways, and other obstructions described in section 1 of this chapter in their respective jurisdictions. If there are hedges, live fences, other growths, or obstructions along the highways that have not been cut, trimmed down, and maintained in accordance with this chapter, the owner shall be given written notice to cut or trim the hedge or live fence and to burn the brush trimmed from the hedge or live fence and remove any other obstructions or growths.

(b) The notice required under subsection (a) must be served by reading the notice to the owner or by leaving a copy of the notice at the owner's usual place of residence.

(c) If the owner is not a resident of the township, county, or state where the hedge, live fence, or other obstructions or growth is located, the notice shall be served upon the owner's agent or tenant residing in the township. If an agent or a tenant of the owner does not reside in the township, the notice shall be served by mailing a copy of the notice to the owner, directed to the owner's last known post office address.

(d) If the owner, agents, or tenants do not proceed to cut and trim the fences and burn the brush trimmed from the fences or remove any obstructions or growths within ten (10) days after notice is served, the township trustee, county highway superintendent, or Indiana department of transportation shall immediately:

(1) cause the fences to be cut and trimmed or obstructions or growths removed in accordance with this chapter; and

(2) burn the brush trimmed from the fences.

All expenses incurred under this subsection shall be assessed against and become a lien upon the land in the same manner as road taxes.

(e) The township trustee, county highway superintendent, or Indiana department of transportation having charge of the work performed under subsection (d) shall prepare an itemized statement of the total cost of the work of removing the obstructions or growths and shall sign and certify the statement to the county auditor of the county in which the land is located. The county auditor shall place the statement on the tax duplicates. The county treasurer shall collect the costs entered on the duplicates at the same time and in the same manner as road taxes are collected. The treasurer may not issue a receipt for road taxes unless the costs entered on the duplicates are paid in full at the same time the road taxes are paid. If the costs are not paid when due, the costs shall become delinquent, bear the same interest, be subject to the same penalties, and be collected at the same time and in the same manner as other unpaid and delinquent taxes.

[Pre-2002 Recodification Citation: 32-10-4-2.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-30-7-19 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-19
Evidence
Status: in_force

Sec. 19. In an indecent nuisance action under this chapter, evidence of the general reputation of the place is:

(1) admissible to prove the existence of the indecent nuisance; and

(2) presumptive evidence that a person who:

(A) owned;

(B) was in control of; or

(C) was in charge of;

the indecent nuisance knew the indecent nuisance existed and used the place for an act constituting an indecent nuisance.

[Pre-2002 Recodification Citation: 34-19-2-14.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-26-6-1 — Indiana Code / Title 32 / Article 26 / Chapter 6 / Section 32-26-6-1
Petition; inspection; assessment
Status: in_force

Sec. 1. (a) The owners of real property in a county who own the major portion of the property in the county that is:

(1) improved and used for purposes of agriculture;

(2) in an area that is:

(A) definitely described by sections or subdivisions of sections; or

(B) sufficiently described by metes and bounds; and

(3) situated upon or near, and subject to overflow from:

(A) a stream;

(B) a watercourse;

(C) a lake;

(D) a pond; or

(E) a marsh;

may petition the board of commissioners of the county, asking permission to enclose the properties within one (1) general fence that has swinging gates on all public highways crossed by the fence. A petition under this subsection must set forth the kind of fence and gates desired.

(b) Upon the receipt of a petition under subsection (a), the board of county commissioners shall appoint as viewers three (3) reputable householders of the county who are not related by blood or marriage to any of the parties interested in the subject of the petition. After being sworn to faithfully and fairly perform the services required of them, the viewers shall proceed:

(1) within a reasonable time after the viewers' appointment; and

(2) after giving publication of the viewers' intention by posting written or printed notices describing the properties in the townships where the properties are located;

to inspect the properties and make an assessment against the owners of the properties for the cost of the fence.

(c) The cost of the fence shall be apportioned between the owners of the properties severally according to the number of acres of improved land owned by each owner and the benefits accruing to the owners severally because of the fence.

[Pre-2002 Recodification Citation: 32-10-6-1.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-30-3-11 — Indiana Code / Title 32 / Article 30 / Chapter 3 / Section 32-30-3-11
Executing officer's return of order of possession
Status: in_force

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

[Pre-2002 Recodification Citation: 32-6-1.5-11.]

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

[Pre-2002 Recodification Citation: 32-4-1.5-1(11).]

As added by P.L.2-2002, SEC.2. Repealed by P.L.143-2009, SEC.52.
Ind. Code § 32-19.5-2-1 — Indiana Code / Title 32 / Article 19.5 / Chapter 2 / Section 32-19.5-2-1
Designation of Indiana Plane Coordinate System
Status: in_force

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

As added by P.L.147-2026, SEC.18.
Ind. Code § 32-30-12-2 — Indiana Code / Title 32 / Article 30 / Chapter 12 / Section 32-30-12-2
Sale of mortgaged property ordered in all cases
Status: in_force

Sec. 2. In the foreclosure of a mortgage, the sale of the mortgaged property shall be ordered in all cases.

[Pre-2002 Recodification Citation: 32-15-8-2.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-19-3-2 — Indiana Code / Title 32 / Article 19 / Chapter 3 / Section 32-19-3-2
Repealed
Status: repealed

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

As added by P.L.2-2002, SEC.4. Repealed by P.L.159-2018, SEC.6.
Ind. Code § 32-39-1-15 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-15
"Guardian"
Status: in_force

Sec. 15. As used in this article, "guardian" means a person appointed by a court to manage the estate of a living individual. The term includes a limited guardian.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-26-2-17 — Indiana Code / Title 32 / Article 26 / Chapter 2 / Section 32-26-2-17
Joining fence to fence of another
Status: in_force

Sec. 17. A person who encloses property that has previously been unenclosed may not join the new fence to another person's existing fence without the consent of the owner of the existing fence. If consent to join the new fence with the existing fence is not given, each property owner shall give property that is equivalent to fifty percent (50%) of the width of a lane, or a reasonable distance, for the erection of the second fence.

[Pre-2002 Recodification Citation: 32-10-2-17.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-20-2-7 — Indiana Code / Title 32 / Article 20 / Chapter 2 / Section 32-20-2-7
"Title transaction" defined
Status: in_force

Sec. 7. "Title transaction" means any transaction affecting title to any interest in land, including the following:

(1) Title by will or descent.

(2) Title by tax deed.

(3) Title by trustee's, referee's, guardian's, executor's, administrator's, commissioner's, or sheriff's deed.

(4) Title by decree of a court.

(5) Title by warranty deed, quitclaim deed, or mortgage.

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

As added by P.L.2-2002, SEC.5.
Ind. Code § 32-28-6-2 — Indiana Code / Title 32 / Article 28 / Chapter 6 / Section 32-28-6-2
Certification of lien satisfaction by lapse of time
Status: in_force

Sec. 2. If a person who owns or has an interest in real estate encumbered by a mechanic's lien prepares and files the affidavit described in section 1(c) of this chapter, the recorder of the county in which the encumbered real estate is situated shall immediately record the affidavit and certify by cross reference to the record of the lien that the mechanic's lien is fully satisfied and that the real estate described in the mechanic's lien is released from the lien. The fee of the recorder for the filing and recording of the affidavit shall be an amount prescribed by law and shall be paid by the person filing the affidavit.

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

As added by P.L.2-2002, SEC.13. Amended by P.L.196-2019, SEC.5.
Ind. Code § 32-39-1-3 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-3
"Attorney in fact"
Status: in_force

Sec. 3. As used in this article, "attorney in fact" includes an attorney in fact granted authority under a durable power of attorney or a nondurable power of attorney.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-30-10-5 — Indiana Code / Title 32 / Article 30 / Chapter 10 / Section 32-30-10-5
Judgment of foreclosure; personal judgment; sale of property
Status: in_force

Sec. 5. In rendering judgment of foreclosure, the courts shall:

(1) give personal judgment against any party to the suit liable upon any agreement for the payment of any sum of money secured by the mortgage; and

(2) order the mortgaged premises, or as much of the mortgaged premises as may be necessary to satisfy the mortgage and court costs, to be sold first before the sale of other property of the defendant.

The judgment is satisfied by the payment of the mortgage debt, with interest and costs, at any time before sale.

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

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

Sec. 2. "Camping club" means any enterprise, other than one that is tax exempt under Section 501 of the Internal Revenue Code, that has as its primary purpose camping or outdoor recreation that involves or will involve camping sites.

[Pre-2002 Recodification Citation: 24-5-9-1.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-25.5-3-10 — Indiana Code / Title 32 / Article 25.5 / Chapter 3 / Section 32-25.5-3-10
Member meeting proxies; requirements; retention; methods of submission
Status: in_force

Sec. 10. (a) This section applies to a proxy given by a member of a homeowners association.

(b) A proxy that does not comply with this subsection is void. A proxy must include all the following:

(1) The name and address of the member giving the proxy.

(2) The name of the individual empowered to exercise the member's proxy.

(3) The date on which the proxy is given.

(4) The date of the meeting for which the proxy is given.

(5) The member's signature, whether executed by hand or as an electronic signature.

(6) An affirmation under the penalties for perjury that the individual signing the proxy has the authority to grant the proxy to the individual named in the proxy to exercise the member's proxy.

(c) A member may state in a proxy that the proxy is limited in its use to specific matters described in the proxy.

(d) A member may give a proxy for the meeting referred to in subsection (b)(4) and any continuation of that meeting, if the proxy states that it expires on a stated date that may not be more than one hundred eighty (180) days after the date on which the proxy is given.

(e) A member may create and use a proxy form designed by the member if the form complies with the requirements of subsection (b).

(f) A proxy, or a copy of the proxy, regardless of whether the copy is a paper copy or an electronic copy, that is exercised for any purpose at a meeting must be kept with the records of the meeting.

(g) Notwithstanding subsection (b)(6), a member may submit a proxy that complies with this section by:

(1) hand delivery;

(2) United States mail;

(3) facsimile; or

(4) electronic mail or other electronic means.

As added by P.L.141-2015, SEC.12. Amended by P.L.27-2017, SEC.2.
Ind. Code § 32-30-6-11 — Indiana Code / Title 32 / Article 30 / Chapter 6 / Section 32-30-6-11
Continuous forestry operation; circumstances under which forestry operation not a nuisance
Status: in_force

Sec. 11. (a) This section does not apply if a nuisance results from the negligent operation of a forestry operation.

(b) For purposes of subsection (d), a forestry operation is considered to be in continuous operation if the locality supports an actual or a developing timber crop.

(c) A forestry operation that:

(1) existed before a change in the land use or occupancy of land within one (1) mile of the boundaries of the locality; and

(2) would not have been a nuisance before the change in land use or occupancy;

is not a private or public nuisance.

(d) A forestry operation that conforms to generally accepted forestry management practices and that has been in continuous operation is not a private or public nuisance as a result of any of the following:

(1) A change in the ownership or size of the forestry operation.

(2) Enrollment in a government forestry conservation program.

(3) Use of new forestry technology.

(4) A visual change due to removal of timber or vegetation.

(5) Normal noise from forestry equipment.

(6) Removal of timber or vegetation from a forest adjoining the locality.

(7) The proper application of pesticides and fertilizers.

As added by P.L.82-2005, SEC.5.
Ind. Code § 32-17.5-10-1 — Indiana Code / Title 32 / Article 17.5 / Chapter 10 / Section 32-17.5-10-1
Failure to record, file, or register disclaimer
Status: in_force

Sec. 1. If an instrument transferring an interest in or power over property subject to a disclaimer is required or permitted by law to be filed, recorded, or registered, the disclaimer may be so filed, recorded, or registered. However, the failure to file, record, or register the disclaimer does not affect its validity as between the disclaimant and persons to whom the property interest or power passes by reason of the disclaimer.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-18-1-7 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-7
Appraisers; oath required
Status: in_force

Sec. 7. The trustee, not more than twenty (20) days after filing the inventory mentioned in section 6 of this chapter, shall cause the property mentioned in the inventory to be appraised by two (2) reputable householders of the neighborhood. The appraisers, before proceeding to discharge their duty, must take and subscribe an oath that they will honestly appraise the property mentioned in the inventory filed by the trustee. The oath must be filed, together with the appraisement, with the clerk of the circuit court.

[Pre-2002 Recodification Citation: 32-12-1-7.]

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-18-1-1 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-1
Assignment of all debtor's property in trust for creditors; fraudulent and void assignments; trustees
Status: in_force

Sec. 1. (a) A debtor who is in embarrassed or failing circumstances may make a general assignment of all the debtor's property in trust for the benefit of all the debtor's bona fide creditors.

(b) Except as provided in this chapter, an assignment described in subsection (a) that is made after March 19, 1859, is considered fraudulent and void.

(c) A debtor who is:

(1) in embarrassed or failing circumstances; and

(2) making a general assignment of all the debtor's property as provided in this chapter;

may select the debtor's trustee. The trustee shall serve and qualify, unless creditors representing an amount of at least one-half (1/2) of the liabilities of the debtor petition the court for the removal of the trustee and the appointment of another trustee. If the petition is filed, the judge of the circuit or superior court in which the debtor resides shall immediately remove the trustee and appoint a suitable disinterested party to act as trustee in place of the removed trustee.

(d) This chapter may not be construed to prevent a debtor from preferring a particular creditor by an assignment not made under this chapter that:

(1) conveys less than all of the debtor's property;

(2) is made for the benefit of less than all of the debtor's creditors; or

(3) is made by other means;

if the action is taken in good faith and not as a part of, or in connection with, a general assignment made under this chapter. However, a corporation may not prefer any creditor if a director of the corporation is a surety on the indebtedness preferred or has been a surety on the indebtedness within four (4) months before the preference.

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

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-25-2-12 — Indiana Code / Title 32 / Article 25 / Chapter 2 / Section 32-25-2-12
"Declarant"
Status: in_force

Sec. 12. "Declarant" means any person who:

(1) executes or proposes to execute a declaration; or

(2) executes an amendment to a declaration to expand an expandable condominium.

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

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-17-14-0.2 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-0.2
Application of prior law
Status: in_force

Sec. 0.2. The addition of IC 32-4-1.6 ("Uniform Act on Transfer on Death Securities" before its repeal, codified at IC 32-17-9, before its repeal) does not apply to an individual whose death occurs before July 1, 1997.

As added by P.L.220-2011, SEC.518.
Ind. Code § 32-30-2-12 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-12
Third persons acquiring interest during proceedings
Status: in_force

Sec. 12. Third persons acquiring an interest in the subject matter of the action during the pendency of the proceedings initiated under this chapter shall take their interests subject to the final result of the proceedings.

[Pre-2002 Recodification Citation: 32-15-2-12.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-30-5-4 — Indiana Code / Title 32 / Article 30 / Chapter 5 / Section 32-30-5-4
Money or things controlled by party; delivery
Status: in_force

Sec. 4. If it is admitted by the pleading or examination of a party that the party has in the party's possession or under the party's control any money or other thing capable of delivery, which:

(1) is the subject of the litigation;

(2) is held by the party as trustee for another party; or

(3) belongs or is due to another party;

the court or the judge may order the money or thing to be deposited in court or with the clerk, or delivered to the other party, with or without security, subject to the further order of the court or the judge.

[Pre-2002 Recodification Citation: 34-48-1-4.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-30-7-5 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-5
"Public place"
Status: in_force

Sec. 5. As used in this chapter, "public place" means any place to which the public is invited by special or an implied invitation.

[Pre-2002 Recodification Citation: 34-6-2-125.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-28-14-9 — Indiana Code / Title 32 / Article 28 / Chapter 14 / Section 32-28-14-9
Voiding of lien for failure to foreclose
Status: in_force

Sec. 9. (a) A homeowners association lien under this chapter is void if both of the following occur:

(1) The owner of the real estate subject to the homeowners association lien or any person or corporation having an interest in the real estate, including a mortgagee or a lienholder, provides written notice to the owner or holder of the lien to file an action to foreclose the lien.

(2) The owner or holder of the lien fails to file an action to foreclose the lien in the county where the real estate is located within one (1) year after the date the owner or holder of the lien received the notice described in subdivision (1).

However, this section does not prevent the claim from being collected as other claims are collected by law.

(b) A person who gives notice under subsection (a)(1) by registered or certified mail to the owner or holder of the homeowners association lien at the address given in the recorded statement may file an affidavit of service of the notice to file an action to foreclose the lien with the recorder of the county in which the real estate is located. The affidavit must state the following:

(1) The facts of the notice.

(2) That more than one (1) year has passed since the notice was received by the owner or holder of the lien.

(3) That an action for foreclosure of the lien is not pending.

(4) That an unsatisfied judgment has not been rendered on the lien.

(c) The recorder shall record the affidavit of service in the miscellaneous record book of the recorder's office. When the recorder records the affidavit under this subsection, the real estate described in the homeowners association lien is released from the lien.

(d) An affidavit recorded under subsection (c) must cross reference the lien.

As added by P.L.135-2007, SEC.3. Amended by P.L.167-2009, SEC.4.
Ind. Code § 32-32-2-7 — Indiana Code / Title 32 / Article 32 / Chapter 2 / Section 32-32-2-7
"Director" defined
Status: in_force

Sec. 7. "Director" refers to the director of the division appointed under IC 4-6-9-2.

[Pre-2002 Recodification Citation: 24-5-9-6.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-24-2-12 — Indiana Code / Title 32 / Article 24 / Chapter 2 / Section 32-24-2-12
Assessment of benefits; local assessment roll
Status: in_force

Sec. 12. (a) Upon completion of the assessment list by the works board, the list shall be delivered to the fiscal officer of the municipality. From the time the respective amounts of benefits are assessed, or if a lot or parcel has sustained both benefits and damages because of an improvement as stated in the assessment list, then the excess of benefits assessed over damages awarded constitutes a lien superior to all other liens except taxes against the respective lot or parcel.

(b) The fiscal officer of the municipality shall immediately prepare a list of the excess of benefits, to be known as the local assessment list. If the municipality is a second class city and the county treasurer collects money due the city, the local assessment list shall be delivered to the county treasurer.

(c) The duties of the fiscal officer of the municipality and county treasurer are the same as prescribed with regard to assessments for street improvement. The provisions of the statute relating to:

(1) the payment of street improvement assessments by installments on the signing of waivers and issuance of bonds and coupons in anticipation;

(2) the duties of the fiscal officer and the county treasurer in relation to them; and

(3) the enforcement of payment of assessments in proceedings for the improvement of streets by the works board;

applies to these assessments.

[Pre-2002 Recodification Citation: 32-11-1.5-9.]

As added by P.L.2-2002, SEC.9.
Ind. Code § 32-25.5-3-5 — Indiana Code / Title 32 / Article 25.5 / Chapter 3 / Section 32-25.5-3-5
Borrowing money; approval by members
Status: in_force

Sec. 5. (a) This section does not apply to money borrowed by a homeowners association that is needed to:

(1) resolve, settle, or otherwise satisfy an act of enforcement against the homeowners association for violating a state or local law; or

(2) address an emergency that affects the public health, safety, or welfare.

(b) A homeowners association may not borrow money during any calendar year on behalf of the homeowners association in an amount that exceeds the greater of:

(1) five thousand dollars ($5,000) during any calendar year; or

(2) if the homeowners association operated under an annual budget in the previous calendar year, an amount equal to at least ten percent (10%) of the previous annual budget of the homeowners association;

unless borrowing the money is approved by the affirmative vote of a majority of the members of the homeowners association voting under this section.

(c) A person who owns a lot, parcel, tract, unit, or interest in land in a subdivision may cast one (1) vote under this section for each lot, parcel, tract, unit, or interest in land in the subdivision that is owned by the person unless the governing documents provide for a different voting procedure.

(d) A vote held under this section must be conducted by paper ballot.

(e) A homeowners association shall distribute paper ballots to persons eligible to vote under this section at least thirty (30) days before the date the votes are to be opened and counted.

(f) Votes cast under this section shall be opened and counted at a public meeting held by the homeowners association.

As added by P.L.167-2009, SEC.2.
Ind. Code § 32-31-8-1 — Indiana Code / Title 32 / Article 31 / Chapter 8 / Section 32-31-8-1
Application
Status: in_force

Sec. 1. (a) Except as provided in subsection (b), this chapter applies only to dwelling units that are let for rent under a rental agreement entered into after June 30, 2002.

(b) This chapter does not apply to dwelling units that are let for rent with an option to purchase under an agreement entered into before July 1, 2008.

As added by P.L.92-2002, SEC.2. Amended by P.L.62-2008, SEC.4.
Ind. Code § 32-39-2-10 — Indiana Code / Title 32 / Article 39 / Chapter 2 / Section 32-39-2-10
Disclosure of other digital assets held in trust to trustee that is not an original user
Status: in_force

Sec. 10. Unless otherwise ordered by the court, directed by the user, or provided in the trust, a custodian shall disclose, to a trustee that is not an original user of the account, a catalogue of electronic communications sent or received by an original user or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:

(1) a written request for disclosure of the catalogue of electronic communications and digital assets in physical or electronic form;

(2) a certified copy of the trust instrument or a certification of the trust under IC 30-4-4-5;

(3) a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and

(4) if requested by the custodian:

(A) a number, username, address, or other unique subscriber identifier or account identifier assigned by the custodian to identify the trust's account; or

(B) evidence linking the account to the trust.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-33-2-7 — Indiana Code / Title 32 / Article 33 / Chapter 2 / Section 32-33-2-7
Undertaking discharging attachment
Status: in_force

Sec. 7. (a) If the defendant master, owner, or consignee, before final judgment, gives a written undertaking payable to the plaintiff, with surety to be approved by the clerk or sheriff, to the effect that the defendant will perform the judgment of the court, the attachment shall be discharged and restitution made of the boat, vessel, or other watercraft.

(b) A person who executes a written undertaking under subsection (a) shall, by order of the court, be made a defendant in the action instead of the boat, vessel, or other watercraft, and the action shall proceed to final judgment as in ordinary actions in personam. If a recovery is had by any of the plaintiffs, judgment shall be rendered against all defendants for the sum recovered.

[Pre-2002 Recodification Citation: 32-8-22-7.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-17-6-5 — Indiana Code / Title 32 / Article 17 / Chapter 6 / Section 32-17-6-5
Effect of subsequent appointment
Status: in_force

Sec. 5. A subsequent exercise of a right of appointment is a revocation of all prior appointments to the extent that the subsequent appointment conflicts or is inconsistent with any prior appointments.

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

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-25.5-2-5 — Indiana Code / Title 32 / Article 25.5 / Chapter 2 / Section 32-25.5-2-5
"Subdivision"
Status: in_force

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

As added by P.L.167-2009, SEC.2.
Ind. Code § 32-17-14-2 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-2
Applicability
Status: in_force

Sec. 2. (a) Except as provided elsewhere in this chapter, this chapter applies to a transfer on death security, transfer on death securities account, and pay on death account created before July 1, 2009, unless the application of this chapter would:

(1) adversely affect a right given to an owner or beneficiary;

(2) give a right to any owner or beneficiary that the owner or beneficiary was not intended to have when the transfer on death security, transfer on death securities account, or pay on death account was created;

(3) impose a duty or liability on any person that was not intended to be imposed when the transfer on death security, transfer on death securities account, or pay on death account was created; or

(4) relieve any person from any duty or liability imposed:

(A) by the terms of the transfer on death security, transfer on death securities account, or pay on death account; or

(B) under prior law.

(b) Subject to section 32 of this chapter, this chapter applies to a transfer on death transfer if at the time the owner designated the beneficiary:

(1) the owner was a resident of Indiana;

(2) the property subject to the beneficiary designation was situated in Indiana;

(3) the obligation to pay or deliver arose in Indiana;

(4) the transferring entity was a resident of Indiana or had a place of business in Indiana; or

(5) the transferring entity's obligation to make the transfer was accepted in Indiana.

(c) This chapter does not apply to property, money, or benefits paid or transferred at death under a life or accidental death insurance policy, annuity, contract, plan, or other product sold or issued by a life insurance company unless the provisions of this chapter are incorporated into the policy or beneficiary designation in whole or in part by express reference.

(d) This chapter does not apply to a transfer on death transfer if the beneficiary designation or an applicable law expressly provides that this chapter does not apply to the transfer.

(e) Subject to IC 9-17-3-9(g), this chapter applies to a beneficiary designation for the transfer on death of a motor vehicle or a watercraft.

(f) The provisions of:

(1) section 22 of this chapter; and

(2) section 26(b)(9) of this chapter;

relating to distributions to lineal descendants per stirpes apply to a transfer on death or payable on death transfer created before July 1, 2009.

As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.25; P.L.198-2016, SEC.662; P.L.79-2017, SEC.75.
Ind. Code § 32-23-3-1 — Indiana Code / Title 32 / Article 23 / Chapter 3 / Section 32-23-3-1
Refusal to grant easements; failure to agree upon consideration
Status: in_force

Sec. 1. If:

(1) land that belongs to a landowner in Indiana is shut off from a public highway because of the:

(A) straightening of a stream under Indiana law;

(B) construction of a ditch under Indiana law; or

(C) erection of a dam that is constructed by the state or by the United States or an agency or a political subdivision of the state or of the United States under Indiana law; and

(2) the owner of the lands described in subdivision (1) is unable to secure an easement or right-of-way on and over the land that is adjacent to the affected land, and intervening between the land and the public highways that are most convenient to the land because:

(A) an adjacent and intervening landowner refuses to grant an easement; or

(B) the interested parties cannot agree upon the consideration to be paid by the landowner that is deprived of access to the highway;

the landowner of the affected land shall be granted the right of easement established as a way of necessity as provided under IC 32-24-1.

[Pre-2002 Recodification Citation: 32-5-3-1.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-25.5-3.4-3 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.4 / Section 32-25.5-3.4-3
Applicability
Status: in_force

Sec. 3. This chapter applies only to a homeowners association's adoption or amendment of governing documents after June 30, 2026.

As added by P.L.53-2026, SEC.6.
Ind. Code § 32-30-16-8 — Indiana Code / Title 32 / Article 30 / Chapter 16 / Section 32-30-16-8
Installing new communications infrastructure or making capacity available through existing infrastructure; written notice to property owner required; contents; electricity supplier's plan for making broadband Internet service available; delivery of notice; duty to resend notice; resetting of time period for bringing cause of action; confidential information; no liability for broadband plan
Status: in_force

Sec. 8. (a) This section applies to an electricity supplier that:

(1) installs new communications infrastructure; or

(2) makes capacity available for communications service through existing communications infrastructure;

within an electric easement under this chapter.

(b) As used in this section, "notice" means a written letter:

(1) that is sent by first class mail by the electricity supplier to the property owner; and

(2) that includes the following information:

(A) The name, address, and telephone number of the electricity supplier, along with a named point of contact for the electricity supplier.

(B) Either:

(i) the address and name associated with the impacted property; or

(ii) if the name of the property owner is not known by the electricity supplier, the address associated with the affected property, with the letter addressed to "The property owner of (street address, city, state, and ZIP code of the affected property)".

(C) A citation to this chapter.

(D) A statement indicating the electricity supplier's intent to:

(i) install new communications infrastructure; or

(ii) make capacity available for communications service through existing communications infrastructure;

as applicable, within the electric easement.

(E) An estimate of when:

(i) installation of new communications infrastructure will occur; or

(ii) communications service will be made available through existing communications infrastructure;

as applicable, within the electric easement.

(F) A statement explaining the electricity supplier's right to record a new easement under section 14 of this chapter.

(G) A summary of the property owner's right to obtain an appraisal under section 11 of this chapter and to bring an action under section 12 of this chapter, including:

(i) a statement of the time limit for bringing an action, as set forth in section 10 of this chapter; and

(ii) a statement explaining that the property owner is precluded from exercising the rights that are otherwise available to the property owner under sections 11 and 12 of this chapter if the property owner signs an agreement, a master agreement, or an affidavit described in section 9 of this chapter.

(H) Subject to subsections (f) and (g), a written plan for making broadband Internet service available within the electricity supplier's electric service territory, including the following information, to the extent the information is available to and known by the electricity supplier:

(i) A description of the proposed area or areas in which the broadband Internet service is to be made available.

(ii) A map of the proposed area or areas identified under item (i).

(iii) A proposed timetable for making broadband Internet service available in the area or areas identified under item (i).

(iv) A statement as to whether the electricity supplier, an affiliated entity, or a third party would provide the broadband Internet service to be made available.

(v) The anticipated costs to the electricity supplier's members of any infrastructure necessitated by the plan.

(c) An electricity supplier shall provide notice to a property owner upon whose property the electricity supplier will:

(1) install new communications infrastructure; or

(2) make capacity available for communications service through existing communications infrastructure;

within an electric easement under this chapter. An electricity supplier's provision of a notice that substantially conforms to the requirements set forth in subsection (b) constitutes the provision of notice for purposes of this section.

(d) Delivery of notice under this section occurs on the date upon which the notice is mailed by an electricity supplier to a property owner. An electricity supplier may prove delivery of notice under this section by any official or generally accepted time stamped document, whether maintained in physical form or electronically by the electricity supplier. A court shall accept proof described in this section in a proceeding under section 12 of this chapter.

(e) If:

(1) installation of new communications infrastructure does not occur; or

(2) communications service is not made available through existing communications infrastructure;

within the electric easement within one hundred eighty (180) days after notice under this section is delivered, as determined under subsection (d), the electricity supplier shall resend notice under this section to the property owner, and the time period set forth in section 10 of this chapter restarts based on the date the subsequent notice is delivered, as determined under subsection (d). A property owner's exclusive remedy for an electricity supplier's failure to provide notice as required under this section is the resetting of the time period set forth in section 10 of this chapter.

(f) This section does not require an electricity supplier, an affiliated entity of an electricity supplier, or a communications service provider to disclose confidential and proprietary business plans and other confidential information.

(g) The failure of an electricity supplier to:

(1) make broadband Internet service available in any area identified in the plan required by subsection (b)(2)(H);

(2) meet the proposed timetable for making broadband Internet service available in any area identified in the plan required by subsection (b)(2)(H);

(3) accurately estimate the costs to the electricity supplier's members of any infrastructure necessitated by the plan required by subsection (b)(2)(H); or

(4) otherwise take any actions described in, or related to, the plan required by subsection (b)(2)(H);

does not create any liability with respect to the electricity supplier beyond that which would otherwise apply under applicable law and, except as provided in section 1(c) of this chapter, does not preclude the electricity supplier from using the procedures set forth in this chapter.

As added by P.L.236-2017, SEC.1.
Ind. Code § 32-17.5-2-11 — Indiana Code / Title 32 / Article 17.5 / Chapter 2 / Section 32-17.5-2-11
"Trust"
Status: in_force

Sec. 11. "Trust" means:

(1) a charitable or noncharitable express trust and any additions to the trust, regardless of when or how the trust is created; and

(2) a trust created under a statute, judgment, or decree which requires the trust to be administered in the manner of an express trust.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-31-6-3 — Indiana Code / Title 32 / Article 31 / Chapter 6 / Section 32-31-6-3
Eligibility to file petition
Status: in_force

Sec. 3. (a) The following may file a petition for an emergency possessory order under this chapter:

(1) A tenant, if the landlord has violated IC 32-31-5-6.

(2) A landlord, if the tenant has committed or threatens to commit waste to the rental unit.

(3) A landlord if:

(A) a tenant or the tenant's guest has committed a crime that affects the health and safety of another tenant, the landlord, or an agent of the landlord; or

(B) a tenant provided materially false information to the landlord with the intent to induce the landlord into leasing or giving possession of the rental unit to the tenant.

(b) Nothing in this section shall be construed to interfere with the rights of a tenant who is the victim of a crime described in IC 32-31-9.

[Pre-2002 Recodification Citation: 32-7-9-3.]

As added by P.L.2-2002, SEC.16. Amended by P.L.157-2025, SEC.1.
Ind. Code § 32-18-1-2 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-2
Filing indenture of assignment with county recorder; description of property; oaths of assignor
Status: in_force

Sec. 2. (a) An assignment under this chapter must be:

(1) by indenture; and

(2) signed and acknowledged before a person who is authorized to take the acknowledgment of deeds.

(b) The indenture must, within ten (10) days after the execution, be filed with the recorder of the county in which the assignor resides. The recorder shall record the indenture of assignment the same as deeds are recorded.

(c) The indenture of assignment must:

(1) contain a full description of all real estate assigned; and

(2) be accompanied by a schedule containing a particular enumeration and description of all the personal property assigned.

(d) The assignor shall make oath before a person authorized to administer oaths. The oath must:

(1) verify the indenture and schedule and contain a statement of all the property, rights, and credits belonging to the assignor, or of which the assignor has knowledge, and that the assignor has not, directly or indirectly, transferred or reserved a sum of money or article of property for the assignor's own use or the benefit of another person; and

(2) indicate the assignor has not acknowledged a debt or confessed a judgment to a person for a sum greater than was justly owing to the person, or with the intention of delaying or defrauding the assignor's creditors.

(e) An assignment under this chapter may not convey to the assignee an interest in property assigned until the assignment is recorded as provided in this section.

[Pre-2002 Recodification Citation: 32-12-1-2.]

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-33-20-10 — Indiana Code / Title 32 / Article 33 / Chapter 20 / Section 32-33-20-10
Proceeds of special tool sale
Status: in_force

Sec. 10. (a) The proceeds of a sale of a special tool under section 8 of this chapter shall be paid as follows:

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

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

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

(b) A sale may not be made under this chapter if it would violate a right a customer has under federal patent or copyright law.

As added by P.L.73-2009, SEC.4.
Ind. Code § 32-37-5-1 — Indiana Code / Title 32 / Article 37 / Chapter 5 / Section 32-37-5-1
Available remedies
Status: in_force

Sec. 1. A person who suffers a loss as a result of a violation of this article may:

(1) bring an action to recover:

(A) actual damages; and

(B) reasonable attorney's fees;

(2) seek an injunction; and

(3) seek any other remedy available at law or in equity.

[Pre-2002 Recodification Citation: 32-14-5-1.]

As added by P.L.2-2002, SEC.22.
Ind. Code § 32-17.5-7-9 — Indiana Code / Title 32 / Article 17.5 / Chapter 7 / Section 32-17.5-7-9
Appointee of nonfiduciary power of appointment
Status: in_force

Sec. 9. A disclaimer by an appointee of a nonfiduciary power of appointment must be:

(1) delivered to:

(A) the holder;

(B) the personal representative of the holder's estate; or

(C) the fiduciary under the instrument that created the power; or

(2) filed with a court having authority to appoint the fiduciary if no fiduciary is then serving.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-28-3-13 — Indiana Code / Title 32 / Article 28 / Chapter 3 / Section 32-28-3-13
Notice of intention to hold lien
Status: in_force

Sec. 13. A person who desires to acquire the lien provided for in section 12 of this chapter must give notice of the person's intention to hold the lien by causing the notice to be recorded in the recorder's office of the county in which the work was done or material furnished in the same manner and within the same time as provided in this chapter for giving notice of a mechanic's lien. A person who gives notice within the proper time may enforce the lien in the same manner as mechanic's liens are enforced. The suit must be brought within one (1) year after the time the notice was filed in the recorder's office.

[Pre-2002 Recodification Citation: 32-8-3-13.]

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-34-1.5-73 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-73
Waiving interest and penalties
Status: in_force

Sec. 73. The attorney general shall waive interest under section 71(a) of this chapter and penalties under sections 71(b) and 72 of this chapter if the attorney general determines the holder acted in good faith and without negligence.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-32.5-2-3 — Indiana Code / Title 32 / Article 32.5 / Chapter 2 / Section 32-32.5-2-3
Refund of unused portion of prepaid fees
Status: in_force

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

As added by P.L.106-2021, SEC.1.
Ind. Code § 32-23-13-1 — Indiana Code / Title 32 / Article 23 / Chapter 13 / Section 32-23-13-1
"Adjacent mineral producer"
Status: in_force

Sec. 1. As used in this chapter, "adjacent mineral producer" means a person that:

(1) is engaged in the production, development, or future development of at least one (1) mineral, including coal, oil, gas, or another mineral in solid, liquid, or gaseous form; and

(2) owns or leases a property interest in:

(A) the mineral estate adjacent to, adjoining, or contiguous to the mineral interest of an unknown or missing owner;

(B) a portion of the mineral estate adjacent to, adjoining, or contiguous to the mineral interest of an unknown or missing owner; or

(C) an area that the person seeks to develop that is within the boundaries of a proposed production unit established by spacing regulations of the division of reclamation.

As added by P.L.28-2015, SEC.1. Amended by P.L.127-2022, SEC.32.
Ind. Code § 32-17-14-13 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-13
Direct transfer to a grantee to hold as owner in beneficiary form; transfer instrument requirements
Status: in_force

Sec. 13. (a) An owner of property, with or without consideration, may execute a written instrument directly transferring the property to one (1) or more individuals as a grantee to hold as owner in beneficiary form. Any grantee may be an individual different from or in addition to the owner who executes the instrument.

(b) A grantee under an instrument described in subsection (a) is considered the owner of the property for all purposes and has all the rights to the property provided by law to the owner of the property, including the right to revoke or change the beneficiary designation.

(c) A direct transfer of property to a grantee to hold as owner in beneficiary form is effective when the written instrument perfecting the transfer becomes effective to make the grantee the owner.

(d) A beneficiary designation in an instrument described in subsection (a) may be worded in substance as "(insert owner's name) conveys and warrants (or quitclaims) to (insert grantee's name(s)), TOD to (insert beneficiary's name)". This example is not intended to be exhaustive.

(e) A beneficiary designation in an instrument described in subsection (a) is void if the instrument:

(1) conveys real property; and

(2) is not recorded with the recorder of deeds in the county in which the real property is situated before the grantee's death.

(f) An instrument described in subsection (a) is effective to convey title to the grantee regardless of whether a beneficiary designation is void under subsection (e).

(g) If an instrument described in subsection (a) conveys real property, the endorsement of the county auditor under IC 36-2-11-14 and IC 36-2-9-18 is necessary to record the instrument.

As added by P.L.143-2009, SEC.41. Amended by P.L.99-2024, SEC.20.
Ind. Code § 32-30-4-2 — Indiana Code / Title 32 / Article 30 / Chapter 4 / Section 32-30-4-2
Action by person with remainder or reversion in estate
Status: in_force

Sec. 2. Notwithstanding an intervening estate for life or years, a person who has a remainder or reversion in an estate may maintain an action for waste, trespass, or injury to the inheritance.

[Pre-2002 Recodification Citation: 32-15-4-2.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-17-14-10 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-10
Assignment of contract rights
Status: in_force

Sec. 10. (a) A written assignment of a contract right that:

(1) assigns the right to receive any performance remaining due under the contract to an assignee designated by the owner; and

(2) expressly states that the assignment does not take effect until the death of the owner;

transfers the right to receive performance due under the contract to the designated assignee beneficiary if the assignment satisfies the requirements of subsection (b).

(b) A written assignment described in subsection (a) is effective upon the death of the owner if the assignment is:

(1) executed; and

(2) delivered;

to the contract obligor before the death of the owner.

(c) A beneficiary assignment described in this section is not required to be supported by consideration or delivered to the assignee beneficiary.

(d) This section does not preclude other methods of assignment that are permitted by law and have the effect of postponing the enjoyment of the contract right until after the death of the owner.

As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.29.
Ind. Code § 32-31-1-19 — Indiana Code / Title 32 / Article 31 / Chapter 1 / Section 32-31-1-19
Crop paid as rent
Status: in_force

Sec. 19. (a) In a case where a tenant agrees under contract to pay as rent:

(1) a part of the crop raised on the leased premises;

(2) rent in kind; or

(3) a cash rent;

the landlord may have a lien on the crop raised under the contract for payment of the rent. If the tenant refuses or neglects to pay or deliver to the landlord the rent when it is due, the landlord may enforce the lien by selling the crop.

(b) A landlord who desires to acquire a lien on a crop raised under a contract on leased premises must file a financing statement under IC 26-1-9.1-501 at least thirty (30) days before the crop matures and during the year in which the crop is grown. The financing statement must:

(1) give notice of the landlord's intention to hold a lien upon the crop for the amount of rent due;

(2) specifically set forth the amount claimed; and

(3) describe the lands on which the crop is being grown with sufficient precision to identify the lands.

(c) A lien created under this section relates to the time of filing and has priority over all liens created thereafter. However, a tenant may, after giving written notice to the landlord or the landlord's agent, remove the tenant's portion of the crop from the leased premises and dispose of the tenant's portion of the crop when the rent is to be paid in part of the crop raised. If the tenant does not give written notice to the landlord, the tenant may remove not more than one-half (1/2) of the crop growing or matured.

[Pre-2002 Recodification Citation: 32-7-1-18.]

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-30-10.5-10 — Indiana Code / Title 32 / Article 30 / Chapter 10.5 / Section 32-30-10.5-10
Debtor's request for settlement conference; court's notice; parties' exchange of information; conference participants; creditor's representative; conference results; loss mitigation package
Status: in_force

Sec. 10. (a) Unless a settlement conference is not required under this chapter, the court shall issue a notice of a settlement conference if the debtor contacts the court to schedule a settlement conference as described in section 8(c) of this chapter. The court's notice of a settlement conference must do the following:

(1) Order the creditor and the debtor to conduct a settlement conference on or before a date and time specified in the notice, which date:

(A) must not be earlier than twenty-five (25) days after the date of the notice under this section or later than sixty (60) days after the date of the notice under this section, in the case of a foreclosure action filed after June 30, 2009, but before July 1, 2011; and

(B) must not be earlier than forty (40) days after the date of the notice under this section or later than sixty (60) days after the date of the notice under this section, in the case of a foreclosure action filed after June 30, 2011;

for the purpose of attempting to negotiate a foreclosure prevention agreement.

(2) Encourage the debtor to contact a mortgage foreclosure counselor before the date of the settlement conference. The notice must provide the contact information for the Indiana Foreclosure Prevention Network.

(3) Require the debtor to do the following:

(A) In the case of a foreclosure action filed after June 30, 2011, provide, not later than a date specified in the order, which date must be the date that is thirty (30) days before the date of the settlement conference specified by the court under subdivision (1), a copy of the debtor's loss mitigation package to the following:

(i) The creditor's attorney, as identified by the creditor in the complaint, at the address specified in the complaint.

(ii) The court, at an address specified by the court.

In setting forth the requirement described in this clause, the court shall reference the listing that must be included as an attachment to the notice under subdivision (8), and shall direct the debtor to consult the attachment in compiling the debtor's loss mitigation package.

(B) Bring the following to the settlement conference:

(i) In the case of a foreclosure action filed after June 30, 2009, but before July 1, 2011, documents needed to engage in good faith negotiations with the creditor, including documentation of the debtor's present and projected future income, expenses, assets, and liabilities (including documentation of the debtor's employment history), and any other documentation or information that the court determines is needed for the debtor to engage in good faith negotiations with the creditor. The court shall identify any documents required under this item with enough specificity to allow the debtor to obtain the documents before the scheduled settlement conference.

(ii) In the case of a foreclosure action filed after June 30, 2011, the debtor's loss mitigation package.

Any document submitted to the court under this subdivision as part of the debtor's loss mitigation package is confidential under IC 5-14-3-4(a)(13).

(4) Require the creditor to do the following:

(A) In the case of a foreclosure action filed after June 30, 2011, send to the debtor, by certified mail and not later than a date specified in the order, which date must be the date that is thirty (30) days before the date of the settlement conference specified by the court under subdivision (1), the following transaction history for the mortgage:

(i) A payment record substantiating the default, such as a payment history.

(ii) An itemization of all amounts claimed by the creditor as being owed on the mortgage, such as an account payoff statement.

If the creditor provides evidence that the transaction history required by this clause was sent by certified mail, return receipt requested, it is not necessary that the debtor accept receipt of the transaction history for an action to proceed as allowed under this chapter.

(B) Bring the following to the settlement conference:

(i) A copy of the original note and mortgage.

(ii) A payment record substantiating the default, such as a payment history.

(iii) An itemization of all amounts claimed by the creditor as being owed on the mortgage, such as an account payoff statement.

(iv) Any other documentation that the court determines is needed.

(5) Inform the parties that:

(A) each party has the right to be represented by an attorney or assisted by a mortgage foreclosure counselor at the settlement conference; and

(B) subject to subsection (b), an attorney or a mortgage foreclosure counselor may participate in the settlement conference in person or by telephone.

(6) Inform the parties that the settlement conference will be conducted at the county courthouse, or at another place designated by the court, on the date and time specified in the notice under subdivision (1) unless the parties submit to the court a stipulation to:

(A) modify the date, time, and place of the settlement conference; or

(B) hold the settlement conference by telephone at a date and time agreed to by the parties.

(7) In the case of a foreclosure action filed after June 30, 2011, inform the parties of the following:

(A) That if the parties stipulate under subdivision (6) to modify the date of the settlement conference:

(i) the debtor must provide the debtor's loss mitigation package to the creditor and to the court, as described in subdivision (3), at least thirty (30) days before the settlement conference date, as modified by the parties; and

(ii) the creditor must send to the debtor, by certified mail, the transaction history described in subdivision (4)(A) at least thirty (30) days before the settlement conference date, as modified by the parties.

(B) That if the parties stipulate under subdivision (6)(B) to conduct the settlement conference by telephone, the parties shall ensure the availability of any technology needed to allow simultaneous participation in the settlement conference by all participants.

(8) In the case of a foreclosure action filed after June 30, 2011, include as an attachment the loss mitigation package listing prescribed by the authority under subsection (i).

(b) An attorney for the creditor shall attend the settlement conference, and an authorized representative of the creditor shall be available by telephone during the settlement conference. In addition, the court may require any person that is a party to the foreclosure action to appear at or participate in a settlement conference held under this chapter, and, for cause shown, the court may order the creditor and the debtor to reconvene a settlement conference at any time before judgment is entered. Any:

(1) costs to a creditor associated with a settlement conference under this chapter; or

(2) civil penalty imposed on a creditor by the court in connection with a violation of a court order issued in the case;

may not be charged to or collected from the debtor, either directly or indirectly.

(c) At the court's discretion, a settlement conference may or may not be attended by a judicial officer.

(d) The creditor shall ensure that any person representing the creditor:

(1) at a settlement conference scheduled under this section; or

(2) in any negotiations with the debtor designed to reach agreement on the terms of a foreclosure prevention agreement;

has authority to represent the creditor in negotiating a foreclosure prevention agreement with the debtor.

(e) If, as a result of a settlement conference held under this chapter, the debtor and the creditor agree to enter into a foreclosure prevention agreement, the agreement shall be reduced to writing and signed by both parties, and each party shall retain a copy of the signed agreement. Not later than seven (7) business days after the signing of the foreclosure prevention agreement, the creditor shall file with the court a copy of the signed agreement. At the election of the creditor, the foreclosure shall be dismissed or stayed for as long as the debtor complies with the terms of the foreclosure prevention agreement.

(f) If, as a result of a settlement conference held under this chapter, the debtor and the creditor are unable to agree on the terms of a foreclosure prevention agreement:

(1) the creditor shall, not later than seven (7) business days after the conclusion of the settlement conference, file with the court a notice indicating that the settlement conference held under this chapter has concluded and a foreclosure prevention agreement was not reached; and

(2) the foreclosure action filed by the creditor may proceed as otherwise allowed by law, subject to the court's right under subsection (b) to order the creditor and the debtor to reconvene a settlement conference at any time before judgment is entered.

(g) If:

(1) a foreclosure is dismissed by the creditor under subsection (e) after a foreclosure prevention agreement is reached; and

(2) a default in the terms of the foreclosure prevention agreement later occurs;

the creditor or its assigns may bring a foreclosure action with respect to the mortgage that is the subject of the foreclosure prevention agreement without sending the notices described in section 8 of this chapter.

(h) Participation in a settlement conference under this chapter satisfies any mediation or alternative dispute resolution requirement established by court rule.

(i) Not later than June 1, 2011, the authority shall prescribe a list of documents that must be included as part of a debtor's loss mitigation package in a foreclosure action filed after June 30, 2011. In prescribing the list of documents required by this subsection, the authority:

(1) shall require those documents that:

(A) provide information about a debtor's present and projected future income, expenses, assets, and liabilities; and

(B) are necessary for a creditor to make underwriting decisions or other determinations in connection with a potential foreclosure prevention agreement with the debtor to whom the documents apply; and

(2) may amend the list:

(A) in response to changes in any federal loan modification programs; or

(B) as otherwise determined to be necessary by the authority.

The authority shall make the list prescribed under this subsection available on the authority's Internet web site. The office of judicial administration shall make the list prescribed under this subsection available on the Internet web site maintained by the state's judicial branch. If the authority determines that an amendment to the list is necessary under subdivision (2), the authority shall notify the office of judicial administration of the amendment as soon as practicable before the amendment takes effect and shall update the list on the authority's Internet web site not later than the effective date of the amendment. Upon receiving notice of an amendment to the list from the authority, the office of judicial administration shall update the list on the Internet web site maintained by the state's judicial branch not later than the effective date of the amendment.

As added by P.L.105-2009, SEC.20. Amended by P.L.170-2011, SEC.12; P.L.161-2018, SEC.45.
Ind. Code § 32-17-14-16 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-16
Changing or revoking a beneficiary designation
Status: in_force

Sec. 16. (a) A beneficiary designation may be revoked or changed during the lifetime of the owner.

(b) A revocation or change of a beneficiary designation involving property owned as tenants by the entirety must be made with the agreement of both tenants for so long as both tenants are alive. After an individual dies owning as a tenant by the entirety property that is subject to a beneficiary designation, the individual's surviving spouse may revoke or change the beneficiary designation.

(c) A revocation or change of a beneficiary designation involving property owned in a form of ownership (other than as tenants by the entirety) that restricts conveyance of the interest unless another person joins in the conveyance must be made with the agreement of each living owner required to join in a conveyance.

(d) A revocation or change of a beneficiary designation involving property owned by joint owners with a right of survivorship must be made with the agreement of each living owner.

(e) A subsequent beneficiary designation revokes a prior beneficiary designation unless the subsequent beneficiary designation expressly provides otherwise.

(f) A revocation or change in a beneficiary designation must comply with the terms of any governing instrument, this chapter, and any other applicable law.

(g) A beneficiary designation may not be revoked or changed by a will or trust unless the beneficiary designation expressly grants the owner the right to revoke or change the beneficiary designation by a will or trust.

(h) A transfer during the owner's lifetime of the owner's interest in the property, with or without consideration, terminates the beneficiary designation with respect to the property transferred. However, if the owner's interest is in real property, the deed of conveyance is void if it is not recorded before the death of the owner with the recorder of deeds in the county where the real property is situated.

(i) The effective date of a revocation or change in a beneficiary designation is determined in the same manner as the effective date of a beneficiary designation.

(j) An owner may revoke a beneficiary designation made in a transfer on death deed by executing and recording before the death of the owner with the recorder of deeds in the county in which the real property is situated either:

(1) a subsequent deed of conveyance revoking, omitting, or changing the beneficiary designation; or

(2) an affidavit acknowledged or proved under IC 32-21-2-3 that revokes or changes the beneficiary designation.

A deed of conveyance or affidavit described in this subsection is void if it is not recorded before the death of the owner with the recorder of deeds in the county where the real property is situated.

(k) A physical act, such as a written modification on or the destruction of a transfer on death deed after the transfer on death deed has been recorded, has no effect on the beneficiary designation.

(l) A transfer on death deed may not be revoked or modified by will or trust.

As added by P.L.143-2009, SEC.41. Amended by P.L.6-2010, SEC.32; P.L.231-2019, SEC.44.
Ind. Code § 32-34-8-4 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-4
Unclaimed stray horse, mule, or ass taken to pound
Status: in_force

Sec. 4. The finder of an unclaimed stray horse, mule, or ass that is at least two (2) years of age shall take the animal to the pound of the proper county and keep the animal at the pound from 11 a.m. until 3 p.m. on the first day of each of the two (2) succeeding terms of the circuit court after finding the stray.

[Pre-2002 Recodification Citation: 32-9-3-4.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-31-1-18 — Indiana Code / Title 32 / Article 31 / Chapter 1 / Section 32-31-1-18
Death of life tenant demising land; recovery of rent
Status: in_force

Sec. 18. If a life tenant who has demised any lands dies on or after the day on which rent is due and payable, the executor or administrator of the life tenant's estate may recover from the under tenant the whole rent due. If the life tenant dies before the day on which rent is due:

(1) the executor or administrator of the life tenant's estate may recover the proportion of rent that accrued before; and

(2) the remainderman may recover the proportion of rent that accrued after;

the life tenant's death.

[Pre-2002 Recodification Citation: 32-7-1-17.]

As added by P.L.2-2002, SEC.16. Amended by P.L.1-2003, SEC.86.
Ind. Code § 32-33-4-6 — Indiana Code / Title 32 / Article 33 / Chapter 4 / Section 32-33-4-6
Validity of lien; release or settlement of claim; satisfaction of judgment; jurisdiction
Status: in_force

Sec. 6. (a) A lien perfected under section 4 of this chapter is valid unless the lienholder executes a release of the lien under section 7 of this chapter.

(b) The release or settlement of a claim with a patient by a person claimed to be liable for the damages incurred by the patient:

(1) after a lien has been perfected under section 4 of this chapter; and

(2) without obtaining a release of the lien;

entitles the lienholder to damages for the reasonable cost of the hospital care, treatment, and maintenance.

(c) Satisfaction of a judgment rendered in favor of the lienholder under subsection (b) is satisfaction of the lien.

(d) An action by the lienholder must be brought in the court having jurisdiction of the amount of the lienholder's claim and may be brought and maintained in the county of residence of the lienholder.

[Pre-2002 Recodification Citation: 32-8-26-6.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-23-5-7 — Indiana Code / Title 32 / Article 23 / Chapter 5 / Section 32-23-5-7
Validity of conservation easements
Status: in_force

Sec. 7. A conservation easement is valid even though:

(1) the conservation easement is not appurtenant to an interest in real property;

(2) the conservation easement can be or has been assigned to another holder;

(3) the conservation easement is not of a character that has been recognized traditionally at common law;

(4) the conservation easement imposes a negative burden;

(5) the conservation easement imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;

(6) the benefit does not touch or concern real property; or

(7) there is no privity of estate or of contract.

[Pre-2002 Recodification Citation: 32-5-2.6-4.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-25.5-3.8-3 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.8 / Section 32-25.5-3.8-3
Homeowners association use of automated license plate readers prohibited
Status: in_force

Sec. 3. A homeowners association may not install, maintain, or operate an automated license plate reader.

As added by P.L.26-2026, SEC.3.
Ind. Code § 32-25-8-13 — Indiana Code / Title 32 / Article 25 / Chapter 8 / Section 32-25-8-13
Expandable condominiums; addition of real estate
Status: in_force

Sec. 13. (a) Subject to the declaration and this chapter, a declarant may add additional real estate to an expandable condominium if an amendment to the declaration required by subsection (b) is executed in the manner described in section 3 of this chapter. The expansion is effective when the instruments required by subsection (b) are recorded.

(b) In expanding the condominium, the declarant shall:

(1) prepare, execute, and record amendments to the condominium instruments; and

(2) record new plats and plans under IC 32-25-7-1 and IC 32-25-7-4.

The amendment to the declaration shall assign an identifying number to each condominium unit within the real estate being added and shall reallocate undivided interests in the common areas and facilities under IC 32-25-4-3.

[Pre-2002 Recodification Citation: 32-1-6-15.1.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-17-11-24 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-24
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-4-1.5-10.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.143-2009, SEC.52.
Ind. Code § 32-35-2-33 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-33
Judgment for plaintiff; contents
Status: in_force

Sec. 33. In an action to recover the possession of personal property, judgment for the plaintiff may be for:

(1) the delivery of the property, or the value of the property in case delivery is not possible; and

(2) damages for the detention of the property.

[Pre-2002 Recodification Citation: 34-21-9-1.]

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-33-10-2 — Indiana Code / Title 32 / Article 33 / Chapter 10 / Section 32-33-10-2
"Farm machinery"
Status: in_force

Sec. 2. As used in this chapter, "farm machinery" means all types of tractors, implements, and machinery used in the operation and maintenance of farms.

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

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-30-3.1-2 — Indiana Code / Title 32 / Article 30 / Chapter 3.1 / Section 32-30-3.1-2
Complaint; requirements
Status: in_force

Sec. 2. The complaint must:

(1) set forth the grounds on which the defendant seeks relief; and

(2) state, as accurately as practicable, the value of the improvements on the real property and the value of the property without the improvements.

[Pre-2002 Recodification Citation: 32-15-3-2.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-26-1-19 — Indiana Code / Title 32 / Article 26 / Chapter 1 / Section 32-26-1-19
Appropriation of land; assessment of damages
Status: in_force

Sec. 19. If the association wishes to appropriate any land for the construction or maintenance of any work, the association must proceed in the manner required by law for the assessment of like damages in case of the construction of railroads or other similar works.

[Pre-2002 Recodification Citation: 32-10-1-19.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-31-11-3 — Indiana Code / Title 32 / Article 31 / Chapter 11 / Section 32-31-11-3
Right of tenant to petition court for nondisclosure order; court order; timing of order; appellate court duties; pending eviction actions in residential eviction diversion programs
Status: in_force

Sec. 3. (a) Except as provided in subsection (c), if a landlord files an eviction action and:

(1) the eviction action is dismissed by the court:

(A) upon petition of the landlord under IC 32-31-10-3 or otherwise; or

(B) upon:

(i) petition by the tenant; or

(ii) the court's own motion;

under IC 32-31-10-4 as a result of the landlord's failure to prosecute the case;

(2) a judgment in favor of the tenant is entered by the court; or

(3) a judgment is entered by the court against the tenant, and the judgment is subsequently overturned or vacated on appeal;

the court in which the eviction action was filed shall, on its own motion, order the clerk of the court and the operator of any state, regional, or local case management system not to disclose or permit disclosure of any records in the case, including the petition by the landlord for possession of the rental unit. In an order issued under this subsection, the court shall direct the clerk of the court to redact or permanently seal the court's own records related to the eviction action.

(b) Except as provided in subsection (c), if a judgment is entered by the court against the tenant, and:

(1) a money judgment related to the eviction action was entered and the tenant has satisfied the money judgment; or

(2) the final judgment against the tenant does not include a money judgment and at least seven (7) years have elapsed since the entry of the judgment;

the court in which the eviction action was filed, upon motion by the tenant, shall order the clerk of the court and the operator of any state, regional, or local case management system not to disclose or permit disclosure of any records in the case, including the petition by the landlord for possession of the rental unit. In an order issued under this subsection, the court shall direct the clerk of the court to redact or permanently seal the court's own records related to the eviction action. The court may issue an order under this subsection without a hearing.

(c) If the court issues an order under subsection (a) or (b), the court and the operator of any state, regional, or local case management system shall not disclose or permit disclosure of any records in the eviction action, including the petition by the landlord for possession of the rental unit:

(1) other than to any person under a court order;

(2) other than to a law enforcement agency for an authorized law enforcement activity; or

(3) unless authorized under this chapter or otherwise required by law.

(d) The court shall issue an order under subsection (a) at the time:

(1) the action is dismissed;

(2) the judgment in favor of the tenant is entered; or

(3) the opinion overturning or vacating the judgment against the tenant becomes final;

as applicable, without holding an additional hearing.

(e) If an appellate court overturns or vacates a judgment entered against a tenant in an eviction action, as described in subsection (a)(3), and the court in which the action is filed then enters an order prohibiting the disclosure of any records in the action under subsection (a), the appellate court shall:

(1) redact the opinion or memorandum decision as it appears on the computer gateway administered by the office of technology so that it does not include the name of the tenant; and

(2) provide a redacted copy of the opinion to any publisher or organization to whom the opinion or memorandum decision is provided after the date of the order under subsection (a).

The Indiana supreme court and the court of appeals are not required to redact, destroy, or otherwise dispose of any copy of an opinion or memorandum decision that includes the name of the tenant and that was created before the date of the order under subsection (a).

(f) This section does not affect an order that is issued by a court and that:

(1) is made in compliance with an order of the Indiana supreme court issued in connection with a residential eviction diversion program that complies with IC 32-31-10-5(b); and

(2) makes court records related to a pending eviction action confidential.

Records related to a pending eviction action that are made confidential under an order described in this subsection retain or lose their confidential status in accordance with the court's order.

(g) If an order is entered under subsection (a), any final judgment for the recovery of money or costs does not constitute a lien upon real estate and chattels real pursuant to IC 34-55-9-2.

As added by P.L.164-2022, SEC.3. Amended by P.L.128-2025, SEC.2.
Ind. Code § 32-34-1.5-30 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-30
Liability for property paid or delivered in good faith
Status: in_force

Sec. 30. (a) On payment or delivery of property to the attorney general under this chapter, the attorney general, as agent for the state, assumes custody and responsibility for safekeeping the property. A holder that pays or delivers property to the attorney general in good faith and substantially complies with sections 23 and 24 of this chapter is relieved of liability arising after with respect to payment or delivery of the property to the attorney general.

(b) The state must defend and indemnify a holder against liability on a claim against the holder resulting from the payment or delivery of property to the attorney general made in good faith and after the holder substantially complied with sections 23 and 24 of this chapter.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-31-3-13.5 — Indiana Code / Title 32 / Article 31 / Chapter 3 / Section 32-31-3-13.5
Use of motor vehicle liens as security
Status: in_force

Sec. 13.5. A landlord may not require, but may accept, a lien on a motor vehicle that is owned by a tenant as a security deposit or to secure the payment of rent by the tenant. If a landlord accepts a lien on a motor vehicle as security under this section, the landlord must:

(1) file or record the lien under IC 32-33; and

(2) comply with the requirements of IC 32-31-3 concerning security deposits;

in order to enforce the lien.

As added by P.L.47-2012, SEC.1.
Ind. Code § 32-17-4-4 — Indiana Code / Title 32 / Article 17 / Chapter 4 / Section 32-17-4-4
Repealed
Status: repealed

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

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.5.
Ind. Code § 32-30-2-6 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-6
Defendant not required to prove possession
Status: in_force

Sec. 6. The defendant is not required to prove the defendant is in possession of the premises to make a defense under this chapter.

[Pre-2002 Recodification Citation: 32-15-2-6.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-30-10.3-1 — Indiana Code / Title 32 / Article 30 / Chapter 10.3 / Section 32-30-10.3-1
State preemption of mortgage foreclosure regulation
Status: in_force

Sec. 1. The state is the sole regulator of the process of mortgage foreclosures, including the duties and obligations of borrowers and lenders in connection with mortgage foreclosures. This chapter preempts all other regulation of the process of mortgage foreclosures by a political subdivision.

As added by P.L.247-2015, SEC.28.
Ind. Code § 32-25.5-3.5-5 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.5 / Section 32-25.5-3.5-5
Permitted reasons for homeowners association to prohibit use of, or require removal of, solar energy system
Status: in_force

Sec. 5. (a) This section applies to a homeowners association:

(1) the governing documents of which prohibit, restrict, or limit the installation of solar energy systems by members of the homeowners association; or

(2) whose board of directors, architectural review committee, or architectural control committee seeks to:

(A) deny a homeowner's request to install a solar energy system; or

(B) require a homeowner to remove a solar energy system installed by the homeowner.

(b) A homeowners association may prohibit the installation or use of a solar energy system or may require the removal of a solar energy system that has been installed only if one (1) or more of the following apply:

(1) A court has found that the solar energy system threatens public health or safety.

(2) A court has found that the solar energy system violates a law.

(3) The solar energy system has been installed on property owned or maintained by the homeowners association.

(4) The solar energy system has been installed on property owned in common by the members of the homeowners association.

(5) The solar energy system has been installed in a location other than:

(A) the roof of:

(i) the dwelling unit of the homeowner installing the solar energy system; or

(ii) another structure;

approved by the homeowners association; or

(B) a fenced yard or patio owned and maintained by the homeowner.

(6) The solar energy system is mounted on the roof of the dwelling unit of the homeowner installing the solar energy system and:

(A) extends above or beyond the roof of the dwelling unit by more than six (6) inches;

(B) does not conform to the slope of the roof and has a top edge that is not parallel to the roof line; or

(C) has a frame, support bracket, or visible piping or wiring that is not in a silver, bronze, or black tone commonly available in the marketplace.

(7) The solar energy system is mounted on a roof that is:

(A) owned by the homeowner; but

(B) maintained by the homeowners association.

(8) The solar energy system is installed in a fenced yard or patio rather than on the roof of a dwelling unit and is taller than the fence line.

(9) The solar energy system is installed in a manner that voids material warranties.

(10) The homeowner installed the solar energy system in a manner that differs significantly from the manner of installation presented to the homeowners association:

(A) board of directors;

(B) architectural review committee; or

(C) architectural control committee;

if applicable.

As added by P.L.73-2022, SEC.1.
Ind. Code § 32-27-3-7 — Indiana Code / Title 32 / Article 27 / Chapter 3 / Section 32-27-3-7
Commence action for construction defect
Status: in_force

Sec. 7. Nothing in this section may be construed to prevent a claimant from commencing an action on the construction defect claim described in the notice of claim if the construction professional fails to perform the construction agreed upon, fails to remedy the defect, or fails to perform according to the timetable agreed upon under section 4(b)(1) or 5 of this chapter.

As added by P.L.134-2003, SEC.1.
Ind. Code § 32-24-1-5.5 — Indiana Code / Title 32 / Article 24 / Chapter 1 / Section 32-24-1-5.5
Time limit for filing a complaint
Status: in_force

Sec. 5.5. (a) Except as provided in sections 5.8 and 5.9 of this chapter, this section applies to every person that may exercise the power of eminent domain.

(b) If:

(1) a person that may exercise the power of eminent domain submits a written acquisition offer to the owner of a parcel of real estate under section 5 of this chapter; and

(2) the owner rejects the offer;

the person shall file a complaint under this article to acquire the parcel by the exercise of eminent domain not more than two (2) years after the date the person submitted the written acquisition offer to the owner.

(c) If a person that may exercise the power of eminent domain fails to meet the requirements described in subsection (b) concerning a parcel of real estate, the person may not initiate an action under this article to acquire the parcel through the power of eminent domain for the same project or a substantially similar project for at least three (3) years after the date the two (2) year period described in subsection (b) expires.

As added by P.L.163-2006, SEC.7.
Ind. Code § 32-34-10-4 — Indiana Code / Title 32 / Article 34 / Chapter 10 / Section 32-34-10-4
Sale of watercraft and recovery of maintenance costs; procedure
Status: in_force

Sec. 4. To sell a watercraft and recover charges under section 2 of this chapter, a marina operator must do all of the following:

(1) Perform a search of watercraft titles for the name and address of the owner of the watercraft and the name and address of any person holding a lien or security interest on the watercraft. The search required by this subdivision must be conducted in the following order:

(A) First, in the records of the state of registration as indicated on the exterior of the watercraft.

(B) Second, in the United States Coast Guard registration records maintained by the National Vessel Documentation Center.

(C) Third, in the records of the bureau of motor vehicles.

(2) After receiving the results of the search required by subdivision (1), give notice by certified mail, return receipt requested, or in person, to the last known address of the owner of the watercraft, to any lien holder with a perfected security interest in the watercraft, and to all other persons known to claim an interest in the watercraft. The notice must include an itemized statement of the charges, a description of the watercraft, a demand for payment within a specified time not less than ten (10) days after receipt of the notice, and a conspicuous statement that unless the charges are paid within that time, the watercraft will be advertised for sale and sold by auction at a specified time and place.

(3) Advertise that the watercraft will be sold at public auction in conformity with the provisions of IC 26-1-7-210 and IC 26-1-2-328. The advertisement of sale must be published once a week for two (2) consecutive weeks in a newspaper of general circulation in the county where the watercraft has been left without permission. The advertisement must include a description of the watercraft, the name of the person on whose account the watercraft is being held, and the time and place of the sale. The sale must take place at least fifteen (15) days after the first publication. If there is no newspaper of general circulation where the sale is to be held, the advertisement must be posted at least ten (10) days before the sale in not less than six (6) conspicuous places in the neighborhood of the proposed sale.

(4) Conduct an auction sale, not less than thirty (30) days after the return receipt is received by the marina operator, on the marina property where the watercraft was left without permission.

(5) Provide a reasonable time before the sale for prospective purchasers to examine the watercraft.

(6) Sell the watercraft to the highest bidder.

(7) Immediately after the auction sale, execute an affidavit of sale in triplicate on a form prescribed by the bureau of motor vehicles stating:

(A) that the requirements of this section have been met;

(B) the length of time that the watercraft was left on the marina property without permission;

(C) the expenses incurred by the marina operator, including the expenses of the sale;

(D) the name and address of the purchaser of the watercraft at the auction sale; and

(E) the amount of the winning bid.

[Pre-2002 Recodification Citation: 32-8-40-4.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-35-2-34 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-34
Judgment for defendant; contents
Status: in_force

Sec. 34. In an action to recover the possession of personal property, if the property has been delivered to the plaintiff and the defendant claims a return of the property, judgment for the defendant may be for:

(1) the return of the property, or its value, in case return is not possible; and

(2) damages for the taking and withholding of the property.

[Pre-2002 Recodification Citation: 34-21-9-2.]

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-25.5-5-2 — Indiana Code / Title 32 / Article 25.5 / Chapter 5 / Section 32-25.5-5-2
"Claim"
Status: in_force

Sec. 2. (a) As used in this chapter, "claim" refers to any of the following:

(1) A claim arising out of or relating to the interpretation, application, or enforcement of the governing documents.

(2) A claim relating to the rights or duties of the homeowners association or the board under the governing documents.

(3) A claim relating to the maintenance of the subdivision.

(4) Any other claim, grievance, or dispute among the parties involving the subdivision or the homeowners association.

(b) The term does not include an exempt claim.

As added by P.L.141-2015, SEC.14. Amended by P.L.164-2016, SEC.9.