Ind. Code § 32-30-3-19 — Indiana Code / Title 32 / Article 30 / Chapter 3 / Section 32-30-3-19
Procedure to claim title from nonresident presumed dead
Status: in_force

Sec. 19. (a) A person who claims real estate under section 18 of this chapter may file a verified complaint in the circuit or superior court of the county in which the real estate is located. The complaint must:

(1) name as a defendant the nonresident who is presumed dead under section 18 of this chapter;

(2) particularly describe the real estate; and

(3) contain a statement of the facts required by section 18 of this chapter.

(b) Notice of the pendency of the action, including the date on which the court shall hear the complaint filed under subsection (a), must be published in a daily or weekly newspaper of general circulation that is printed and published in the county seat of the county in which the real estate is located. If a newspaper does not exist, notice must be published in a newspaper that is printed and published in the county in which the real estate is located. Notice must also be published in a newspaper of general circulation that is printed and published in the county seat of the county in which the defendant last resided. If a newspaper is not printed and published in that county seat, then notice must be published in a newspaper that is printed and published in the county seat nearest to the county in which the defendant last resided.

(c) Prima facie proof of publication of notice as required by subsection (b) consists of:

(1) affidavits of the publishers of the newspapers in which the notice was published; and

(2) a printed copy of the published notice.

(d) The court shall hear the complaint filed under subsection (a) not earlier than sixty-five (65) days after notice was first published under subsection (b). If the court finds that:

(1) the defendant received sufficient notice under subsection (b); and

(2) the facts alleged in the complaint are true;

the court shall enter judgment quieting the title to the real estate in favor of the plaintiff.

(e) A judgment entered under subsection (d) becomes final and absolute three (3) years after the date it was entered unless, within those three (3) years, the defendant appears and moves to vacate the judgment.

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

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-21-2.5-1 — Indiana Code / Title 32 / Article 21 / Chapter 2.5 / Section 32-21-2.5-1
"Document"
Status: in_force

Sec. 1. As used in this chapter, "document" or "documents" means an electronic record (as defined in IC 26-2-8-102) or information that is:

(1) inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and

(2) eligible to be recorded in the land records maintained by a county recorder.

As added by P.L.127-2017, SEC.8. Amended by P.L.185-2021, SEC.45.
Ind. Code § 32-30-7-10 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-10
Complaint; notice; hearing; service
Status: in_force

Sec. 10. (a) In an action under this chapter:

(1) a copy of the complaint; and

(2) a notice of the time and place of the hearing on the application for a preliminary injunction, if the complainant has applied for a preliminary injunction under section 9(a) of this chapter;

shall be served upon the defendant at least five (5) days before the hearing.

(b) The owners of the place where the alleged indecent nuisance is located may be served by posting the papers in the manner prescribed by section 9(c) of this chapter for serving a restraining order.

(c) If a defendant:

(1) is granted a request for continuance; or

(2) moves for a change of venue or a change of judge;

the preliminary writ shall be granted as a matter of course.

[Pre-2002 Recodification Citation: 34-19-2-5.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-16-1-5 — Indiana Code / Title 32 / Article 16 / Chapter 1 / Section 32-16-1-5
Recodification of prior property law
Status: in_force

Sec. 5. The recodification act of the 2002 regular session of the general assembly shall be construed as a recodification of prior property law. Except as provided in section 2(1) and 2(2) of this chapter, if the literal meaning of the recodification act of the 2002 regular session of the general assembly (including a literal application of an erroneous change to an internal reference) would result in a substantive change in the prior property law, the difference shall be construed as a typographical, spelling, or other clerical error that must be corrected by:

(1) inserting, deleting, or substituting words, punctuation, or other matters of style in the recodification act of the 2002 regular session of the general assembly; or

(2) using any other rule of statutory construction;

as necessary or appropriate to apply the recodification act of the 2002 regular session of the general assembly in a manner that does not result in a substantive change in the law. The principle of statutory construction that a court must apply the literal meaning of an act if the literal meaning of the act is unambiguous does not apply to the recodification act of the 2002 regular session of the general assembly to the extent that the recodification act of the 2002 regular session of the general assembly is not substantively identical to the prior property law.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.
Ind. Code § 32-26-1-2 — Indiana Code / Title 32 / Article 26 / Chapter 1 / Section 32-26-1-2
Notice of election of directors
Status: in_force

Sec. 2. (a) Three (3) or more members of the association may give notice of an election to choose directors for the association.

(b) The notices must:

(1) be written or printed;

(2) specify the time and location of the election; and

(3) be posted for at least ten (10) days before the election in at least five (5) public places in each township where the contemplated work will occur.

(c) The location of the election must be near the contemplated work.

[Pre-2002 Recodification Citation: 32-10-1-2.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-16-1-6 — Indiana Code / Title 32 / Article 16 / Chapter 1 / Section 32-16-1-6
References to repealed statutes
Status: repealed

Sec. 6. Subject to section 9 of this chapter, a reference in a statute or rule to a statute that is repealed and replaced in the same or a different form in the recodification act of the 2002 regular session of the general assembly shall be treated after the effective date of the new provision as a reference to the new provision.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.
Ind. Code § 32-34-1.5-34 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-34
Declining custody of property; delivering property before presumed abandoned
Status: in_force

Sec. 34. (a) The attorney general may decline to take custody of property reported under section 18 of this chapter if the attorney general determines that:

(1) the property has a value less than the estimated expenses of notice and sale of the property; or

(2) taking custody of the property would be unlawful.

(b) A holder may pay or deliver property to the attorney general before the property is presumed abandoned under this chapter if the holder:

(1) sends the apparent owner of the property notice required by section 23 of this chapter and provides the attorney general evidence of the holder's compliance with this subsection;

(2) includes with the payment or delivery a report regarding the property conforming to section 19 of this chapter; and

(3) first obtains the attorney general's consent in a record to accept payment or delivery.

(c) A holder's request for the attorney general's consent under subsection (b)(3) must be in a record. If the attorney general fails to respond to the request not later than thirty (30) days after receipt of the request, the attorney general is deemed to have denied the payment or delivery of the property.

(d) On payment or delivery of property under subsection (b), the property is presumed abandoned.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-30-10.6-6 — Indiana Code / Title 32 / Article 30 / Chapter 10.6 / Section 32-30-10.6-6
Repealed
Status: repealed

As added by P.L.66-2014, SEC.23. Repealed by P.L.247-2015, SEC.35.
Ind. Code § 32-31-4-1.5 — Indiana Code / Title 32 / Article 31 / Chapter 4 / Section 32-31-4-1.5
"Storage facility" defined
Status: in_force

Sec. 1.5. As used in this chapter, "storage facility" means any location approved by a court for storage of a tenant's personal property under section 2(e) of this chapter.

As added by P.L.115-2007, SEC.1.
Ind. Code § 32-17-11-9 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-9
"Proof of death" defined
Status: in_force

Sec. 9. As used in this chapter, "proof of death" includes a death certificate, an affidavit of death, or a record or report that is prima facie proof of death under IC 29-2-6, IC 29-2-7 (before its repeal), or IC 29-2-14.

[Pre-2002 Recodification Citation: 32-4-1.5-1(9).]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-24-7-1 — Indiana Code / Title 32 / Article 24 / Chapter 7 / Section 32-24-7-1
Application of chapter
Status: in_force

Sec. 1. This chapter applies to the exercise of eminent domain by a library board (as defined in IC 36-12-1-3). Notwithstanding any other law, a library board may exercise eminent domain only if it complies with this chapter.

As added by P.L.163-2006, SEC.18.
Ind. Code § 32-31-5-2 — Indiana Code / Title 32 / Article 31 / Chapter 5 / Section 32-31-5-2
Applicability of definitions
Status: in_force

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

[Pre-2002 Recodification Citation: 32-7-8-3.]

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-33-10-10 — Indiana Code / Title 32 / Article 33 / Chapter 10 / Section 32-33-10-10
Construction of law
Status: in_force

Sec. 10. This chapter may not be construed to repeal, modify, or amend IC 9-22-6-1 or IC 9-22-6-2.

[Pre-2002 Recodification Citation: 32-8-31-7.]

As added by P.L.2-2002, SEC.18. Amended by P.L.125-2012, SEC.409.
Ind. Code § 32-17.5-2-1 — Indiana Code / Title 32 / Article 17.5 / Chapter 2 / Section 32-17.5-2-1
"Beneficiary designation"
Status: in_force

Sec. 1. "Beneficiary designation" means an instrument, other than an instrument creating a trust, naming the beneficiary of:

(1) an annuity or insurance policy;

(2) an account with a designation for payment on death;

(3) a security registered in beneficiary form;

(4) a pension, profit sharing, retirement, or other employment related benefit plan; or

(5) any other nonprobate transfer at death, except for property held as joint tenants with rights of survivorship or as tenants by the entireties.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-30-16-11 — Indiana Code / Title 32 / Article 30 / Chapter 16 / Section 32-30-16-11
Proof of damages; property owner's appraisal; electricity supplier's appraisal in case of dispute; property owner's acceptance; payment by electricity supplier
Status: in_force

Sec. 11. (a) In order to prove 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, a property owner shall, at the property owner's expense and without reimbursement from the electricity supplier, provide the electricity supplier with an appraisal comparing the value of the property before and after the attachment or installation of communications infrastructure within the electric easement. The appraisal must:

(1) be performed by a real estate appraiser licensed under IC 25-34.1-3-8;

(2) be conducted within the period specified in section 10 of this chapter; and

(3) take into account any increase in value to the property resulting from the availability of broadband Internet service provided through the communications infrastructure.

(b) If an electricity supplier disputes an appraisal provided by the property owner under subsection (a), the electricity supplier may:

(1) not later than thirty (30) days after the date of the electricity supplier's receipt of the property owner's appraisal, send to the property owner by certified mail a notice stating that the electricity supplier disputes the property owner's appraisal; and

(2) not later than ninety (90) days from the date on which the notice of the dispute is sent by certified mail to the property owner under subdivision (1):

(A) obtain at the electricity supplier's expense an appraisal by a real estate appraiser licensed under IC 25-34.1-3-8; and

(B) send a copy of the appraisal by certified mail to the property owner.

A property owner shall make reasonable accommodations for the electricity supplier to perform an appraisal under this subsection. If a property owner fails to make such reasonable accommodations available within the ninety (90) day period described in subdivision (2), the electricity supplier may not be found liable for any asserted reduction in property value of the property owner's real property as a result of the installation of communications infrastructure within the electric easement.

(c) A property owner may review and either accept or reject, in writing, the electricity supplier's appraisal not later than thirty (30) calendar days after it is sent by certified mail from the electricity supplier to the property owner.

(d) If the electricity supplier:

(1) receives a written response from the property owner accepting the electricity supplier's appraisal; or

(2) does not receive a written response within thirty (30) calendar days after the appraisal is sent by the electricity supplier under subsection (c);

the electricity supplier shall consider its appraisal accepted by the property owner and shall remit payment in accordance with the appraisal to the property owner not later than sixty (60) days after the expiration of the thirty (30) day period described in this subsection.

As added by P.L.236-2017, SEC.1.
Ind. Code § 32-17-11-15 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-15
"Withdrawal" defined
Status: in_force

Sec. 15. As used in this chapter, "withdrawal" includes payment to a third person pursuant to a check or other directive of a party.

[Pre-2002 Recodification Citation: 32-4-1.5-1(15).]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-17-4-2 — Indiana Code / Title 32 / Article 17 / Chapter 4 / Section 32-17-4-2
Petition to partition; title search
Status: in_force

Sec. 2. (a) A person described in section 1(a) of this chapter may file a petition to compel partition in the circuit court, superior court, or probate court having probate jurisdiction of the county in which the land or any part of the land is located.

(b) A petition filed under subsection (a) must contain the following:

(1) A description of the premises.

(2) The rights and titles in the land of the parties interested.

(c) At the time a person files a petition under subsection (a), the person shall cause a title search to be made regarding the land that is the subject of the partition. The person shall file a copy of the results of the title search with the court.

[Pre-2002 Recodification Citation: 32-4-5-2.]

As added by P.L.2-2002, SEC.2. Amended by P.L.41-2012, SEC.2; P.L.84-2016, SEC.134.
Ind. Code § 32-34-1.5-48 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-48
Filing claims for property
Status: in_force

Sec. 48. (a) A person claiming to be the owner of property held under this chapter by the attorney general may file a claim for the property on a form prescribed by the attorney general. The claimant must verify the claim as to its completeness and accuracy.

(b) The attorney general may waive the requirement in subsection (a) and may pay or deliver property directly to a person if:

(1) the person receiving the property or payment is shown to be the apparent owner included on a report filed under section 18 of this chapter;

(2) the attorney general reasonably believes the person is entitled to receive the property or payment; and

(3) the property has a value of less than five thousand dollars ($5,000).

(c) A person may file a claim under subsection (a) at any time not later than twenty-five (25) years after the date on which the property is presumed abandoned under this chapter, notwithstanding the expiration of any other time period specified by statute, contract, or court order during which an action or a proceeding may be commenced or enforced to obtain payment of a claim for money or recovery of property.

As added by P.L.141-2021, SEC.20. Amended by P.L.101-2023, SEC.7.
Ind. Code § 32-25-7-4 — Indiana Code / Title 32 / Article 25 / Chapter 7 / Section 32-25-7-4
Floor plans
Status: in_force

Sec. 4. (a) Simultaneously with the recording of the declaration, a set of floor plans of the condominium or building shall be filed in the office of the county recorder. The set of floor plans must include the following:

(1) The relation of the condominium or building to lot lines.

(2) The:

(A) layout;

(B) elevation;

(C) location;

(D) unit numbers; and

(E) dimensions;

of the condominium units.

(3) The name of the condominium or building, or that it has no name.

(4) The verified statement of a registered architect or licensed professional engineer certifying that the set of floor plans is an accurate copy of portions of the plans of the building as filed with and approved by the municipal or other governmental subdivision having jurisdiction over the issuance of permits for the construction of buildings.

(b) If the set of floor plans referred to in subsection (a) does not include a verified statement by an architect or engineer that the plans fully and accurately depict the layout, location, unit numbers, and dimensions of the condominium units as built, an amendment to the declaration must be recorded before the first conveyance of any condominium unit. The amendment to the declaration must have attached to it a verified statement of a registered architect or licensed professional engineer certifying that the filed set of floor plans or the set of floor plans being filed simultaneously with the amendment fully and accurately depicts the layout, location, unit numbers, and dimensions of the condominium units as built. The set of floor plans shall:

(1) be kept by the recording officer in a separate file for each building;

(2) be indexed in the same manner as a conveyance entitled to be recorded;

(3) be numbered serially in the order of receipt;

(4) be designated "condominium unit ownership", with the name of the building, if any; and

(5) contain a reference to the:

(A) book;

(B) page; and

(C) date of recording;

of the amendment to the declaration.

(c) The record of the amendment to the declaration referred to in subsection (b) shall contain a reference to the file number of the set of floor plans of the building affected by the amendment to the declaration.

[Pre-2002 Recodification Citation: 32-1-6-13.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-17-10-1 — Indiana Code / Title 32 / Article 17 / Chapter 10 / Section 32-17-10-1
Application of chapter
Status: in_force

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

(1) A conveyance made for the purpose of extinguishing a possibility of reverter or a right of entry.

(2) The rights of:

(A) a mortgagee based on the terms of the mortgage;

(B) a trustee or beneficiary under a trust deed in the nature of a mortgage based on the terms of the trust deed;

(C) a grantor under a vendor's lien reserved in a deed;

(D) a lessor under a lease for a term of years; or

(E) a person with a separate property interest in coal, oil, gas, or other minerals.

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

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

Sec. 1. (a) Five (5) or more persons may form a fencing association if the persons are interested in:

(1) enclosing land with one (1) general fence; or

(2) doing any other work necessary to protect land and to secure crops raised on land.

(b) The enclosed land described in subsection (a) must be:

(1) improved land;

(2) used for purposes of cultivation; and

(3) situated in an area that is:

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

(B) sufficiently described by metes and bounds, and on or near any stream, watercourse, lake, pond, or marsh, and subject to overflow from any stream, watercourse, lake, pond, or marsh.

(c) The association shall adopt and subscribe articles, which must specify the name and objects of the association.

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

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-21-1-5 — Indiana Code / Title 32 / Article 21 / Chapter 1 / Section 32-21-1-5
Compelling specific performance in cases of part performance
Status: in_force

Sec. 5. Nothing contained in any Indiana statute may be construed to abridge the powers of courts to compel the specific performance of agreements in cases of part performance of the agreements.

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

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-30-10.6-4 — Indiana Code / Title 32 / Article 30 / Chapter 10.6 / Section 32-30-10.6-4
Court's order to show cause; contents; appearance date; right to present evidence or objections; right to counsel
Status: in_force

Sec. 4. (a) Upon receiving a request for a determination of abandonment from a creditor through a petition or motion filed with the court and served on the required parties in accordance with section 3 of this chapter, the court shall issue an order to show cause as to why the property should not be found to be abandoned and a judgment in rem foreclosing the mortgage entered and directing the petitioner, the debtor, and any other person or party the court considers appropriate to appear before the court on a date and time specified in the order under subdivision (1). The court's order under this subsection must do the following:

(1) Direct the parties subject to the order to appear before the court on a date and time specified by the court. The date specified under this subdivision must not be:

(A) earlier than fifteen (15) days; or

(B) later than twenty-five (25) days;

after the date of the court's order under this section.

(2) Notify the parties subject to the order that any party ordered to appear:

(A) may present evidence or objections on the issue of abandonment to the court:

(i) in writing before the appearance date specified by the court under subdivision (1); or

(ii) in writing or by oral testimony on the date and at the time specified by the court under subdivision (1);

in the manner specified by the court; and

(B) has the right to be represented by an attorney when appearing before the court.

(3) Notify the parties subject to the order that if a party fails to:

(A) submit written evidence or objections to the court before the appearance date specified by the court under subdivision (1); or

(B) appear before the court on the date and at the time specified by the court under subdivision (1);

the party's failure to submit evidence or objections or to appear before the court will result in a finding of abandonment and the entry of an in rem judgment foreclosing the mortgage by the court.

(b) A party subject to an order issued by the court under this section has the following rights, as described in the court's order under subsection (a):

(1) The right to present evidence or objections on the issue of abandonment to the court:

(A) in writing before the appearance date specified in the court's order under subsection (a)(1); or

(B) in writing or by oral testimony on the date and at the time specified in the court's order under subsection (a)(1);

in the manner specified by the court.

(2) The right to be represented by an attorney when appearing before the court.

As added by P.L.102-2012, SEC.4. Amended by P.L.203-2013, SEC.22; P.L.247-2015, SEC.33.
Ind. Code § 32-17-14-15 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-15
Beneficiary's rights before the death of the owner; effect of the death of a joint owner
Status: reserved

Sec. 15. (a) Before the death of the owner, a beneficiary has no rights in the property because of the beneficiary designation. The signature or agreement of the beneficiary is not required for any transaction relating to property transferred under this chapter. If a lienholder takes action to enforce a lien, by foreclosure or otherwise through a court proceeding, it is not necessary to join the beneficiary as a party defendant in the action unless the beneficiary has another interest in the real property that has vested.

(b) On the death of one (1) of two (2) or more joint owners, property with respect to which a beneficiary designation has been made belongs to the surviving joint owner or owners. If at least two (2) joint owners survive, the right of survivorship continues as between the surviving owners.

(c) On the death of a tenant by the entireties, property with respect to which a beneficiary designation has been made belongs to the surviving tenant.

(d) On the death of the owner, property with respect to which a beneficiary designation has been made passes by operation of law to the beneficiary.

(e) If two (2) or more beneficiaries survive, there is no right of survivorship among the beneficiaries when the death of a beneficiary occurs after the death of the owner unless the beneficiary designation expressly provides for survivorship among the beneficiaries. Except as expressly provided otherwise, the surviving beneficiaries hold their separate interest in the property as tenants in common. The share of any beneficiary who dies after the owner dies belongs to the deceased beneficiary's estate.

(f) If no beneficiary survives the owner, the property belongs to the estate of the owner unless the beneficiary designation directs the transfer to a substitute beneficiary in the manner required by section 22 of this chapter.

As added by P.L.143-2009, SEC.41.
Ind. Code § 32-31-8.5-2 — Indiana Code / Title 32 / Article 31 / Chapter 8.5 / Section 32-31-8.5-2
"Protected activity"
Status: in_force

Sec. 2. As used in this chapter, "protected activity" means any of the following actions taken by a tenant:

(1) Complaining to a governmental entity responsible for enforcing an applicable building or housing code about a violation with respect to the rental premises that materially affects health or safety.

(2) Complaining to a landlord in writing concerning the landlord's violation of IC 32-31-5-6 or IC 32-31-8-5.

(3) Bringing an action against the landlord under IC 32-31-6 or IC 32-31-8.

(4) Organizing or becoming a member of a tenant's organization.

(5) Testifying in a court proceeding or an administrative hearing against the landlord.

As added by P.L.168-2020, SEC.18.
Ind. Code § 32-17-14-2.1 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-2.1
Application of chapter to preexisting transfer on death transfers
Status: in_force

Sec. 2.1. An amendment to the rules of law contained in this chapter applies to all transfer on death transfers created prior to the effective date of the applicable amendment.

As added by P.L.149-2012, SEC.13.
Ind. Code § 32-30-5-2 — Indiana Code / Title 32 / Article 30 / Chapter 5 / Section 32-30-5-2
Persons prohibited from being appointed in particular action
Status: in_force

Sec. 2. A court may not appoint:

(1) a party;

(2) an attorney representing a party; or

(3) another person interested in an action;

as a receiver in that action.

[Pre-2002 Recodification Citation: 34-48-1-2.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-23-11-5 — Indiana Code / Title 32 / Article 23 / Chapter 11 / Section 32-23-11-5
"Right-of-way fee" defined
Status: in_force

Sec. 5. "Right-of-way fee" refers to the fee simple interest in the real property through which a right-of-way runs.

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

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-37-3-1 — Indiana Code / Title 32 / Article 37 / Chapter 3 / Section 32-37-3-1
Written information to be provided; request for additional information
Status: in_force

Sec. 1. (a) At least seventy-two (72) hours before the execution of a contract between a performing rights society and a proprietor, the performing rights society shall provide the proprietor with the following written information:

(1) A schedule of the rates and terms of royalties under the contract.

(2) A toll free telephone number from which the proprietor may obtain answers to inquiries concerning musical works and copyright owners represented by the performing rights society.

(3) Notice that the performing rights society is in compliance with:

(A) state and federal law; and

(B) orders of courts having jurisdiction over:

(i) rates and terms of royalties; and

(ii) the licensing for public performance of copyrighted nondramatic musical works.

(b) At the request of the proprietor or a representative of the proprietor, not less than seventy-two (72) hours before the execution of a contract between a performing rights society and a proprietor, the performing rights society shall provide the proprietor with the following additional information or specify how the proprietor may, at the proprietor's expense, obtain the following additional information:

(1) The most recent available list of the members or affiliates represented by the society.

(2) The most recent available list of the copyrighted musical works in the performing rights society's repertory.

[Pre-2002 Recodification Citation: 32-14-3-1.]

As added by P.L.2-2002, SEC.22.
Ind. Code § 32-30-8-8 — Indiana Code / Title 32 / Article 30 / Chapter 8 / Section 32-30-8-8
Service upon defendant
Status: in_force

Sec. 8. (a) If the defendant has not been personally served with process despite the exercise of due diligence, the person initiating an action under this chapter, not more than twenty (20) days after the filing of a complaint and the filing of an affidavit that personal service on the defendant cannot be had after due diligence, may cause a copy of the complaint to be mailed to the defendant by certified mail, restricted delivery, return receipt to the clerk of court requested. Service is considered completed when the following are filed with the court:

(1) Proof of the mailing.

(2) An affidavit that a copy of the complaint has been posted on the property alleged to be a nuisance.

(b) This subsection does not apply to transient guests of a hotel, motel, or other guest house. All tenants or residents of a property that is used in whole or in part as a business, home, residence, or dwelling who may be affected by an order issued under this chapter must be:

(1) provided reasonable notice as ordered by the court having jurisdiction over the nuisance action; and

(2) afforded an opportunity to be heard at all proceedings in the action.

(c) Notice of lis pendens shall be filed concurrently with the initiation of an action under this chapter.

[Pre-2002 Recodification Citation: 34-19-3-8.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-21-12-4 — Indiana Code / Title 32 / Article 21 / Chapter 12 / Section 32-21-12-4
Aesthetic compatibility requirement permitted
Status: in_force

Sec. 4. A deed restriction, restrictive covenant, or agreement that applies uniformly to all homes and industrialized residential structures in a subdivision may impose the same aesthetic compatibility requirements on an industrialized residential structure in the subdivision that are applicable to all residential structures in the subdivision.

As added by P.L.139-2007, SEC.2.
Ind. Code § 32-36-1-16 — Indiana Code / Title 32 / Article 36 / Chapter 1 / Section 32-36-1-16
Property rights
Status: in_force

Sec. 16. The rights recognized under this chapter are property rights, freely transferable and descendible, in whole or in part, by the following:

(1) Contract.

(2) License.

(3) Gift.

(4) Trust.

(5) Testamentary document.

(6) Operation of the laws of intestate succession applicable to the state administering the estate and property of an intestate deceased personality, regardless of whether the state recognizes the property rights set forth under this chapter.

[Pre-2002 Recodification Citation: 32-13-1-16.]

As added by P.L.2-2002, SEC.21.
Ind. Code § 32-39-1-8 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-8
"Custodian"
Status: in_force

Sec. 8. As used in this article, "custodian" means a person that carries, maintains, processes, receives, or stores a digital asset of a user.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-33-13-1 — Indiana Code / Title 32 / Article 33 / Chapter 13 / Section 32-33-13-1
Services and materials subject to lien
Status: in_force

Sec. 1. A person, firm, limited liability company, or corporation engaged in performing work upon any watch, clock, or jewelry for a price has a lien upon the watch, clock, or jewelry upon which the person, firm, limited liability company, or corporation performs the work for the amount of any account that may be due for the work.

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

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-33-20-11 — Indiana Code / Title 32 / Article 33 / Chapter 20 / Section 32-33-20-11
Special tool builder security interest on a special tool
Status: in_force

Sec. 11. (a) A special tool builder has an unperfected purchase money security interest under IC 26-1-9.1 on a special tool that the special tool builder fabricates, repairs, or modifies.

(b) The amount of the lien is the amount that a customer or end user owes the special tool builder for the fabrication, repair, or modification of the special tool.

(c) A special tool builder may perfect its purchase money security interest in a special tool by filing a financing statement in accordance with IC 26-1-9.1-317(e).

As added by P.L.73-2009, SEC.4.
Ind. Code § 32-24-6-2 — Indiana Code / Title 32 / Article 24 / Chapter 6 / Section 32-24-6-2
Appraisers' report; notice of filing; period of exceptions
Status: in_force

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

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

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

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

(1) The sale of not more than twelve (12) time shares or camping club memberships in a time share project or camping site project, unless the developer offers to sell time shares or camping club memberships in other projects in the same subdivision and the total number of the shares offered for sale exceeds twenty-six (26) in a period of twelve (12) months.

(2) The sale or transfer of a time share or camping club membership by an owner who is not the developer, unless the time share or camping club membership is sold in the ordinary course of business of that owner.

(3) Any transfer of a time share or camping club membership by deed instead of foreclosure or as a result of foreclosure of the time share or camping club membership.

(4) A gratuitous transfer of a time share or camping site.

(5) A transfer of a time share or camping club membership by devise or descent or a transfer to an inter vivos trust, unless the method of disposition is adopted for the purpose of evading this chapter.

[Pre-2002 Recodification Citation: 24-5-9-21.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-28-13-6.5 — Indiana Code / Title 32 / Article 28 / Chapter 13 / Section 32-28-13-6.5
Property owner who is a public official or public employee
Status: in_force

Sec. 6.5. (a) If a property owner who is a public official or public employee receives a statement of intention to hold a common law lien under section 5 of this chapter, the property owner may provide written notice to the county recorder swearing and affirming that the property owner is a public official or public employee.

(b) Not later than three (3) business days after receiving a property owner's written notice, the county recorder shall send to the lienholder the following:

(1) A copy of the property owner's written notice.

(2) A statement that if the lienholder fails to commence suit on the common law lien within thirty (30) days after the postmark date of the county recorder's notice under this subsection, the common law lien is void.

The county recorder shall send a copy of the county recorder's written notice to the property owner. The county recorder's notice to the lienholder must be made by first class mail to the lienholder at the address given in the lienholder's statement filed under section 5 of this chapter. The county recorder shall record the date the statement is mailed to the lienholder under this section.

(c) The lienholder shall notify the county recorder in writing of:

(1) the lienholder's commencement of a suit; or

(2) the lienholder's intention not to commence suit.

As added by P.L.191-2015, SEC.9.
Ind. Code § 32-31-2.9-5 — Indiana Code / Title 32 / Article 31 / Chapter 2.9 / Section 32-31-2.9-5
Application of other statutes
Status: in_force

Sec. 5. This chapter does not limit the application of a statute that is not a residential landlord-tenant statute to a residential landlord-tenant relationship if the statute would otherwise be applicable to the relationship.

As added by P.L.29-2003, SEC.1.
Ind. Code § 32-23-7-7 — Indiana Code / Title 32 / Article 23 / Chapter 7 / Section 32-23-7-7
Interests created; title; alienability
Status: in_force

Sec. 7. (a) This section applies to the following:

(1) Interests in oil and gas.

(2) Interests in coal bed methane.

(b) An interest referred to in subsection (a) in, on, under, or that may be taken from beneath the surface of land located in Indiana may be created:

(1) for life;

(2) for a term of years; or

(3) in fee;

in the manner and to the extent that other interests in real estate and title are created.

(c) Title to the estates specified under subsection (b) may be vested in one (1) or more persons by:

(1) sole ownership;

(2) tenancy in common;

(3) joint tenancy;

(4) tenancy by the entireties; or

(5) another manner recognized under Indiana law.

(d) Interests or estates specified in this section are freely alienable, in whole or in part, in the same manner as are other interests in real estate.

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

As added by P.L.2-2002, SEC.8. Amended by P.L.140-2011, SEC.27.
Ind. Code § 32-31-4-2 — Indiana Code / Title 32 / Article 31 / Chapter 4 / Section 32-31-4-2
Liability; abandoned property; court order allowing removal by landlord
Status: in_force

Sec. 2. (a) A landlord has no liability for loss or damage to a tenant's personal property if the tenant's personal property has been abandoned by the tenant.

(b) For purposes of this section, a tenant's personal property is considered abandoned if a reasonable person would conclude that the tenant has vacated the premises and has surrendered possession of the personal property.

(c) An oral or a written rental agreement may not define abandonment differently than is provided in subsection (b).

(d) If a landlord is awarded possession of a dwelling unit by a court under IC 32-30-2, the landlord may seek an order from the court allowing removal of a tenant's personal property.

(e) If the tenant fails to remove the tenant's personal property before the date specified in the court's order issued under subsection (d), the landlord may remove the tenant's personal property in accordance with the order and deliver the personal property to a warehouseman under section 3 of this chapter or to a storage facility approved by the court.

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

As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.2.
Ind. Code § 32-17-11-6 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-6
"Net contribution" defined
Status: in_force

Sec. 6. As used in this chapter, "net contribution" of a party to a joint account as of any given time means the sum of:

(1) all deposits made by or for the party; minus

(2) all withdrawals made by or for the party that have not been paid to or applied to the use of any other party; plus

(3) a pro rata share of any interest or dividends included in the current balance.

The term includes any proceeds of deposit life insurance added to the account by reason of the death of the party whose net contribution is in question.

[Pre-2002 Recodification Citation: 32-4-1.5-1(6).]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-36-1-7 — Indiana Code / Title 32 / Article 36 / Chapter 1 / Section 32-36-1-7
"Right of publicity" defined
Status: in_force

Sec. 7. As used in this chapter, "right of publicity" means a personality's property interest in the personality's:

(1) name;

(2) voice;

(3) signature;

(4) photograph;

(5) image;

(6) likeness;

(7) distinctive appearance;

(8) gestures; or

(9) mannerisms.

[Pre-2002 Recodification Citation: 32-13-1-7.]

As added by P.L.2-2002, SEC.21.
Ind. Code § 32-17.5-2-2 — Indiana Code / Title 32 / Article 17.5 / Chapter 2 / Section 32-17.5-2-2
"Disclaimant"
Status: in_force

Sec. 2. "Disclaimant" means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-25.5-3.7-1 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.7 / Section 32-25.5-3.7-1
"Governing documents"
Status: in_force

Sec. 1. As used in this chapter, "governing documents" has the meaning set forth in IC 32-25.5-2-3.

As added by P.L.159-2024, SEC.1.
Ind. Code § 32-21-1-12 — Indiana Code / Title 32 / Article 21 / Chapter 1 / Section 32-21-1-12
Repealed
Status: repealed

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

As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.33.
Ind. Code § 32-21-7-2 — Indiana Code / Title 32 / Article 21 / Chapter 7 / Section 32-21-7-2
Property owned by state or political subdivision; adverse possession action against political subdivision barred after 6-30-1998
Status: in_force

Sec. 2. (a) Title to real property owned by the state or a political subdivision (as defined in IC 36-1-2-13) may not be alienated by adverse possession.

(b) A cause of action based on adverse possession may not be commenced against a political subdivision (as defined in IC 36-1-2-13) after June 30, 1998.

[Pre-2002 Recodification Citation: 32-1-20-2.]

As added by P.L.2-2002, SEC.6. Amended by P.L.16-2009, SEC.30.
Ind. Code § 32-30-10.5-4 — Indiana Code / Title 32 / Article 30 / Chapter 10.5 / Section 32-30-10.5-4
"Foreclosure prevention agreement"
Status: in_force

Sec. 4. As used in this chapter, "foreclosure prevention agreement" means a written agreement that:

(1) is executed by both the creditor and the debtor; and

(2) offers the debtor an individualized plan that may include:

(A) a temporary forbearance with respect to the mortgage;

(B) a reduction of any arrearage owed by the debtor;

(C) a reduction of the interest rate that applies to the mortgage;

(D) a repayment plan;

(E) a deed in lieu of foreclosure;

(F) reinstatement of the mortgage upon the debtor's payment of any arrearage;

(G) a sale of the property; or

(H) any loss mitigation arrangement or debtor relief plan established by federal law, rule, regulation, or guideline.

As added by P.L.105-2009, SEC.20.
Ind. Code § 32-24-4.5-10 — Indiana Code / Title 32 / Article 24 / Chapter 4.5 / Section 32-24-4.5-10
Costs of proceedings
Status: in_force

Sec. 10. (a) Except as provided in subsection (b), the condemnor shall pay the costs of the proceedings.

(b) If there is a trial, the additional costs caused by the trial shall be paid as ordered by the court. However, if there is a trial and the amount of damages awarded to the owner by the judgment, exclusive of interest and costs, is greater than the amount specified in the last offer of settlement made by the condemnor under section 9 of this chapter, the court shall require the condemnor to pay the owner's litigation expenses, including reasonable attorney's fees, in an amount that does not exceed twenty-five percent (25%) of the cost of the acquisition.

As added by P.L.163-2006, SEC.17.
Ind. Code § 32-21-15-2 — Indiana Code / Title 32 / Article 21 / Chapter 15 / Section 32-21-15-2
Filing notice or statement that discriminatory covenant is invalid
Status: in_force

Sec. 2. A person who discovers a recorded discriminatory restrictive covenant may:

(1) with the consent of all parties to a real estate transaction, include in any deed, mortgage, or other instrument filed for recording in connection with the transaction a statement that the discriminatory restrictive covenant is invalid and unenforceable; or

(2) prepare and record a separate notice, cross-referenced to the discriminatory restrictive covenant, stating that the discriminatory restrictive covenant is invalid and unenforceable.

As added by P.L.20-2021, SEC.1.
Ind. Code § 32-25-8-6.5 — Indiana Code / Title 32 / Article 25 / Chapter 8 / Section 32-25-8-6.5
Condominium association distributing water or sewer service; not considered public utility
Status: in_force

Sec. 6.5. (a) As used in this section, "condominium association" refers to:

(1) the association of co-owners (as defined in IC 32-25-2-2);

(2) the board of directors; or

(3) the manager or managing agent;

for a condominium that is subject to this article.

(b) A condominium association that distributes water or sewage disposal service from a water or sewer utility to one (1) or more condominium units is not a public utility solely by reason of engaging in this activity if the condominium association complies with IC 8-1-2-1.2.

As added by P.L.62-2019, SEC.2.
Ind. Code § 32-30-1-6 — Indiana Code / Title 32 / Article 30 / Chapter 1 / Section 32-30-1-6
Statute of limitations; applicable to injury or wrongful death occurring during ninth or tenth year after substantial completion
Status: in_force

Sec. 6. (a) Notwithstanding section 5 of this chapter, if an injury to or wrongful death of a person occurs during the ninth or tenth year after substantial completion of an improvement to real property, an action in tort to recover damages for the injury or wrongful death may be brought within two (2) years after the date on which the injury occurred, irrespective of the date of death.

(b) However, an action may not be brought more than:

(1) twelve (12) years after the substantial completion of construction of the improvement; or

(2) fourteen (14) years after the completion and submission of plans and specifications to the owner, if the action is for a deficiency in design;

whichever comes first.

[Pre-2002 Recodification Citation: 32-15-1-3.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-33-20-12 — Indiana Code / Title 32 / Article 33 / Chapter 20 / Section 32-33-20-12
Enforcement of special tool builder lien
Status: in_force

Sec. 12. To enforce a lien that attaches under section 11 of this chapter, a special tool builder must give notice of the lien in writing to the customer and the end user. The notice must:

(1) be delivered personally or by certified mail, return receipt requested, to the last known address of the customer and to the last known address of the end user; and

(2) state:

(A) that a lien is claimed;

(B) the amount that the special tool builder claims it is owed for fabrication, repair, or modification of the special tool; and

(C) a demand for payment.

As added by P.L.73-2009, SEC.4.
Ind. Code § 32-17.5-7-7 — Indiana Code / Title 32 / Article 17.5 / Chapter 7 / Section 32-17.5-7-7
Jointly held property
Status: in_force

Sec. 7. A disclaimer by a surviving holder of jointly held property must be delivered to the person to whom the disclaimed interest passes.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-26-5-2 — Indiana Code / Title 32 / Article 26 / Chapter 5 / Section 32-26-5-2
Complaint; written notice
Status: in_force

Sec. 2. (a) Upon receiving a complaint in writing signed by an owner of land adjoining a hedge or fence to which this chapter applies alleging that the owner of the fence has neglected to cut and trim the hedge or fence, the township trustee shall examine, within five (5) days after receiving the complaint, the hedge or other live fence.

(b) If the hedge or other live fence that is the subject of the complaint under subsection (a) has not been cut and trimmed, the township trustee shall give the owner of the hedge or other live fence written notice to cut and trim the hedge or other live fence and to remove the brush to the owner's property within thirty (30) days after receiving the notice.

(c) The notice required under subsection (b) 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. If the owner of properties divided by the hedge or other live fence is not a resident of the township where the hedge or other live fence is located, 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 or the owner's agents or tenants do not cut and trim the fences and remove the brush, the trustee shall, immediately after the expiration of thirty (30) days, cause the hedge or other live fence to be cut and trimmed and the brush removed to the owner's property.

(e) The trustee shall recover all expenses incurred under subsection (d) by bringing a suit against the owner of the property on which the hedge or live fence is situated before the circuit court or the superior court of the county in which the hedge or other live fence is situated.

[Pre-2002 Recodification Citation: 32-10-5-2.]

As added by P.L.2-2002, SEC.11. Amended by P.L.201-2011, SEC.12; P.L.45-2016, SEC.3.
Ind. Code § 32-24-4.5-2 — Indiana Code / Title 32 / Article 24 / Chapter 4.5 / Section 32-24-4.5-2
"Condemnor"
Status: in_force

Sec. 2. As used in this chapter, "condemnor" means a person authorized to exercise the power of eminent domain.

As added by P.L.163-2006, SEC.17.
Ind. Code § 32-28-4-2 — Indiana Code / Title 32 / Article 28 / Chapter 4 / Section 32-28-4-2
Record silent as to due date of debt; date of execution omitted; expiration of lien; recorder's certification of satisfaction of mortgage or lien by lapse of time
Status: in_force

Sec. 2. (a) Except as provided in section 3 of this chapter, if the record of a mortgage or vendor's lien described in section 1 of this chapter does not show when the debt or the last installment of the debt secured by the mortgage or vendor's lien becomes due, the following apply:

(1) If the mortgage or vendor's lien was created before July 1, 2012, the mortgage or vendor's lien expires twenty (20) years after the date on which the mortgage or vendor's lien was executed unless an action to foreclose is brought not later than twenty (20) years after the date on which the mortgage or vendor's lien was executed.

(2) If the mortgage or vendor's lien was created after June 30, 2012, the mortgage or vendor's lien expires ten (10) years after the date on which the mortgage or vendor's lien was executed unless an action to foreclose is brought not later than ten (10) years after the date on which the mortgage or vendor's lien was executed.

(b) If:

(1) the record of a mortgage or vendor's lien described in section 1 of this chapter does not show when the debt or the last installment of the debt secured by the mortgage or vendor's lien becomes due;

(2) the date of execution has been omitted in the mortgage or vendor's lien; and

(3) the mortgage or vendor's lien was created before July 1, 2012;

the mortgage or vendor's lien expires twenty (20) years after the date on which the mortgage or vendor's lien was recorded unless an action to foreclose is brought not later than twenty (20) years after the date on which the mortgage or vendor's lien was recorded.

(c) If:

(1) the record of a mortgage or vendor's lien described in section 1 of this chapter does not show when the debt or the last installment of the debt secured by the mortgage or vendor's lien becomes due;

(2) the date of execution has been omitted in the mortgage or vendor's lien; and

(3) the mortgage or vendor's lien was created after June 30, 2012;

the mortgage or vendor's lien expires ten (10) years after the date on which the mortgage or vendor's lien was recorded unless an action to foreclose is brought not later than ten (10) years after the date on which the mortgage or vendor's lien was recorded.

(d) Upon the request of the owner of record of real estate encumbered by a mortgage or vendor's lien that has expired under this section, the recorder of the county in which the real estate is situated shall certify by cross reference to the record that the mortgage or vendor's lien is fully paid and satisfied by lapse of time, and the real estate is released from the mortgage or vendor's lien.

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

As added by P.L.2-2002, SEC.13. Amended by P.L.130-2012, SEC.2; P.L.18-2013, SEC.2; P.L.196-2019, SEC.3.
Ind. Code § 32-31-5-6 — Indiana Code / Title 32 / Article 31 / Chapter 5 / Section 32-31-5-6
Landlord prohibited from interfering with access, possession, or essential services; unit entry by landlord
Status: in_force

Sec. 6. (a) This section does not apply if the dwelling unit has been abandoned.

(b) For purposes of this section, a dwelling unit is considered abandoned if:

(1) the tenants have failed to:

(A) pay; or

(B) offer to pay;

rent due under the rental agreement; and

(2) the circumstances are such that a reasonable person would conclude that the tenants have surrendered possession of the dwelling unit.

An oral or written rental agreement may not define abandonment differently than is provided by this subsection.

(c) Except as authorized by judicial order, a landlord may not deny or interfere with a tenant's access to or possession of the tenant's dwelling unit by commission of any act, including the following:

(1) Changing the locks or adding a device to exclude the tenant from the dwelling unit.

(2) Removing the doors, windows, fixtures, or appliances from the dwelling unit.

(3) Interrupting, reducing, shutting off, or causing termination of any of the following to a tenant:

(A) Electricity.

(B) Gas.

(C) Water.

(D) Other essential services.

However, the landlord may interrupt, shut off, or terminate service as the result of an emergency, good faith repairs, or necessary construction. This subdivision does not require a landlord to pay for services described in this subdivision if the landlord has not agreed, by an oral or written rental agreement, to do so.

(d) A tenant may not interrupt, reduce, shut off, or cause termination of:

(1) electricity;

(2) gas;

(3) water; or

(4) other essential services;

to the dwelling unit if the interruption, reduction, shutting off, or termination of the service will result in serious damage to the rental unit.

(e) A tenant may not unreasonably withhold consent to the tenant's landlord to enter the tenant's dwelling unit in order to:

(1) inspect the dwelling unit;

(2) make necessary or agreed to:

(A) repairs;

(B) decorations;

(C) alterations; or

(D) improvements;

(3) supply necessary or agreed to services; or

(4) exhibit the dwelling unit to prospective or actual:

(A) purchasers;

(B) mortgagees;

(C) tenants;

(D) workers; or

(E) contractors.

(f) A landlord may enter the dwelling unit:

(1) without notice to the tenant in the case of an emergency that threatens the safety of the occupants or the landlord's property; and

(2) without the consent of the tenant:

(A) under a court order; or

(B) if the tenant has abandoned or surrendered the dwelling unit.

(g) A landlord:

(1) shall not abuse the right of entry or use a right of entry to harass a tenant;

(2) shall give a tenant reasonable written or oral notice of the landlord's intent to enter the dwelling unit; and

(3) may enter a tenant's dwelling unit only at reasonable times.

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

As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.6.
Ind. Code § 32-34-5-3 — Indiana Code / Title 32 / Article 34 / Chapter 5 / Section 32-34-5-3
"Loan" defined
Status: in_force

Sec. 3. As used in this chapter, "loan" means a deposit of property not accompanied by a transfer of title to the property.

[Pre-2002 Recodification Citation: 32-9-10-3.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-31-9-5 — Indiana Code / Title 32 / Article 31 / Chapter 9 / Section 32-31-9-5
"Dwelling unit"
Status: in_force

Sec. 5. As used in this chapter, "dwelling unit" has the meaning set forth in IC 32-31-5-3.

As added by P.L.22-2007, SEC.2.
Ind. Code § 32-39-2-14 — Indiana Code / Title 32 / Article 39 / Chapter 2 / Section 32-39-2-14
Consideration of need for uniformity among enacting states
Status: in_force

Sec. 14. In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the Revised Uniform Fiduciary Access to Digital Assets Act.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-31-6-7.1 — Indiana Code / Title 32 / Article 31 / Chapter 6 / Section 32-31-6-7.1
Emergency order; criminal activity; materially false information
Status: in_force

Sec. 7.1. (a) At the emergency hearing, if the court finds by a preponderance of the evidence that:

(1) the 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 and that the other tenant, the landlord, or an agent of the landlord has suffered or will suffer immediate and serious:

(A) injury;

(B) loss; or

(C) damage; or

(2) the 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;

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

(b) If the court makes a finding under subsection (a), the court shall order the tenant to return possession of the dwelling unit to the landlord not later than seven (7) days from the date of the emergency hearing.

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

As added by P.L.157-2025, SEC.4.
Ind. Code § 32-22-3.5-6 — Indiana Code / Title 32 / Article 22 / Chapter 3.5 / Section 32-22-3.5-6
"Prohibited person"
Status: in_force

Sec. 6. (a) As used in this chapter, "prohibited person" includes the following:

(1) An individual who is a citizen of a foreign adversary.

(2) An individual who is domiciled in a foreign adversary.

(3) A business entity organized under the laws of a foreign adversary.

(4) A business entity headquartered in a foreign adversary.

(5) A business entity with a controlling person that is one (1) of the following:

(A) An individual who is a citizen of a foreign adversary.

(B) An individual who is domiciled in a foreign adversary.

(C) A business entity or other entity, including a governmental entity, that is owned or controlled by an individual described in subdivision (1) or (2), or is directly controlled by the government of a foreign adversary.

The term, as used in subdivisions (1), (2), (5)(A), and (5)(B), does not include an individual who holds dual citizenship with a foreign adversary and the United States, an individual who is a citizen or lawful permanent resident of the United States, or an individual who has been granted asylum in the United States.

(b) The term includes an agent, a trustee, or a fiduciary acting on behalf of a prohibited person.

As added by P.L.131-2026, SEC.5.
Ind. Code § 32-26-8-4 — Indiana Code / Title 32 / Article 26 / Chapter 8 / Section 32-26-8-4
Persons recovering property not trespassers
Status: in_force

Sec. 4. It is not a trespass for a person to go upon the real property of another person for the purposes set forth in this chapter. A person who goes upon the real property of another person under this chapter shall go upon the route that will do the least possible injury to the real property, if it is practicable and convenient.

[Pre-2002 Recodification Citation: 32-10-8-4.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-29-7-9 — Indiana Code / Title 32 / Article 29 / Chapter 7 / Section 32-29-7-9
Sheriff prohibited from purchasing real estate at sheriff's sale; default of purchaser
Status: in_force

Sec. 9. (a) A sheriff or an agent of the sheriff making a foreclosure sale under this chapter may not directly or indirectly purchase property sold by the sheriff or the sheriff's agent. If the purchaser of property sold on foreclosure fails to immediately pay the purchase money, the sheriff shall resell the property either on the same day without advertisement or on a subsequent day after again advertising in accordance with this chapter, as the judgment creditor directs. If the amount bid at the second sale does not equal the amount bid at the first sale, including the costs of the second sale, the first purchaser shall be liable for:

(1) the deficiency;

(2) damages not exceeding ten percent (10%); and

(3) interest and costs;

all of which may be recovered in a court of proper jurisdiction by the sheriff.

(b) If the property is sold, the sheriff shall pay the proceeds as provided in IC 32-30-10-14. Every sale made under this chapter is made without right of redemption.

[Pre-2002 Recodification Citation: 32-8-16-5.]

As added by P.L.2-2002, SEC.14. Amended by P.L.45-2016, SEC.8.
Ind. Code § 32-25-8.5-11 — Indiana Code / Title 32 / Article 25 / Chapter 8.5 / Section 32-25-8.5-11
Notice of claim; required information
Status: in_force

Sec. 11. A claimant shall provide notice of the claim to the respondent, stating plainly and concisely the following information:

(1) The nature of the claim, including the date, time, location, persons involved, and the respondent's role in the claim.

(2) The basis of the claim, including the provision of the condominium instruments or other authority out of which the claim arises.

(3) What the claimant wants the respondent to do or not to do to resolve the claim.

(4) That the respondent has a right to meet with the claimant, if the respondent makes a written request for a meeting.

(5) The name and address of the person from whom the respondent must request a meeting under subdivision (4).

As added by P.L.141-2015, SEC.5.
Ind. Code § 32-39-1-26 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-26
"Trustee"
Status: in_force

Sec. 26. As used in this article, "trustee" means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. The term includes a successor trustee.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-34-1.5-47 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-47
Right of another state to take custody of property
Status: in_force

Sec. 47. (a) Property held under this chapter by the attorney general is subject to the right of another state to take custody of the property if:

(1) the property was paid or delivered to the attorney general because the records of the holder did not reflect a last known address in the other state of the apparent owner and:

(A) the other state establishes that the last known address of the apparent owner or other person entitled to the property was in the other state; or

(B) under the law of the other state, the property has become subject to a claim by the other state of abandonment;

(2) the records of the holder did not accurately identify the owner of the property, the last known address of the owner was in another state, and, under the law of the other state, the property has become subject to a claim by the other state of abandonment;

(3) the property was subject to the custody of the attorney general of this state under section 15 of this chapter and, under the law of the state of domicile of the holder, the property has become subject to a claim by the state of domicile of the holder of abandonment; or

(4) the property:

(A) is a sum payable on a traveler's check, money order, or similar instrument that was purchased in the other state and delivered to the attorney general under section 16 of this chapter; and

(B) under the law of the other state, has become subject to a claim by the other state of abandonment.

(b) A claim by another state to recover property under this section must be presented in a form prescribed by the attorney general, unless the attorney general waives presentation of the form.

(c) The attorney general shall decide a claim under this section not later than ninety (90) days after it is presented. If the attorney general determines that the other state is entitled under subsection (a) to custody of the property, the attorney general shall allow the claim and pay or deliver the property to the other state.

(d) The attorney general may require another state, before recovering property under this section, to agree to indemnify this state and its agents, officers, and employees against any liability on a claim to the property.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-27-2-8.5 — Indiana Code / Title 32 / Article 27 / Chapter 2 / Section 32-27-2-8.5
Model home warranty
Status: in_force

Sec. 8.5. (a) In selling a model home, the builder may warrant to the home buyer that during the ten (10) year period beginning on the warranty date the model home will be free from major structural defects.

(b) The warranty provided in this section survives the passing of legal or equitable title in the model home to a subsequent home buyer.

(c) The home buyer who purchases the model home from the builder shall, in writing on or before the date of closing or transfer of the model home to a subsequent home buyer, notify the subsequent home buyer of:

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

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

As added by P.L.137-2023, SEC.10.
Ind. Code § 32-17.5-5-1 — Indiana Code / Title 32 / Article 17.5 / Chapter 5 / Section 32-17.5-5-1
Disclaimer by surviving joint holder
Status: in_force

Sec. 1. (a) This subsection applies upon the death of a holder of jointly held property only if, during the deceased holder's lifetime, the deceased holder could have unilaterally regained a part of the property attributable to the deceased holder's contribution without consent of any other holder. Another holder may disclaim an amount that may not exceed the amount determined in STEP THREE of the following formula:

STEP ONE: Determine the amount of the property attributable to the deceased holder's contributions.

STEP TWO: Determine the quotient of:

(A) one (1); divided by

(B) the number of joint holders alive immediately after the death of the holder to whose death the disclaimer relates.

STEP THREE: Determine the product of:

(A) the STEP ONE amount; multiplied by

(B) the STEP TWO quotient.

(b) This subsection applies in the case of the death of a holder of jointly held property that is not subject to subsection (a). Another holder may disclaim an amount that may not exceed the amount determined in STEP FOUR of the following formula:

STEP ONE: Determine the value of the total amount of the jointly held property.

STEP TWO: Determine the product of:

(A) the number of joint holders alive immediately before the death of the holder to whose death the disclaimer relates; multiplied by

(B) the number of joint holders alive immediately after the death of the holder to whose death the disclaimer relates.

STEP THREE: Determine the quotient of:

(A) one (1); divided by

(B) the STEP TWO result.

STEP FOUR: Determine the product of:

(A) the value determined in STEP ONE; multiplied by

(B) the quotient determined in STEP THREE.

(c) A disclaimer under subsection (a) or (b) takes effect as of the death of the holder of jointly held property to whose death the disclaimer relates.

(d) An interest in jointly held property disclaimed by a surviving holder of the property passes as if the disclaimant predeceased the holder to whose death the disclaimer relates.

As added by P.L.5-2003, SEC.1. Amended by P.L.6-2010, SEC.39; P.L.42-2011, SEC.64; P.L.178-2011, SEC.11.
Ind. Code § 32-28-5-2 — Indiana Code / Title 32 / Article 28 / Chapter 5 / Section 32-28-5-2
Certificate and acknowledgment releasing lien
Status: in_force

Sec. 2. (a) If a grantee has satisfied a lien on real property but the grantor has not recorded that the lien has been satisfied under section 1 of this chapter, the grantor shall, at the request of the grantee, certify that the lien has been satisfied. The grantor's certification shall be acknowledged by the grantor in the same manner as is required to entitle a conveyance of real property to be recorded. The grantor's certification shall be recorded by the recorder in whose office the deed is recorded, with reference to the location of the recorded deed.

(b) A recorded certification that a lien has been satisfied operates as a complete discharge of the lien.

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

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-21-2-5 — Indiana Code / Title 32 / Article 21 / Chapter 2 / Section 32-21-2-5
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-1-2-20.]

As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.37.
Ind. Code § 32-32-2-11 — Indiana Code / Title 32 / Article 32 / Chapter 2 / Section 32-32-2-11
"Offer" defined
Status: in_force

Sec. 11. "Offer" means any advertised inducement, solicitation, or attempt to encourage any person to acquire a time share or camping club membership other than as security for an obligation.

[Pre-2002 Recodification Citation: 24-5-9-10.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-25-4-2 — Indiana Code / Title 32 / Article 25 / Chapter 4 / Section 32-25-4-2
Multiple ownership of condominiums
Status: in_force

Sec. 2. A condominium unit may be held and owned by two (2) or more persons:

(1) as joint tenants;

(2) as tenants in common;

(3) as tenants by the entirety; or

(4) in any other real property tenancy relationship recognized under the law of the state.

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

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-18-1-3 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-3
Trustee; duties on execution of assignment; bond
Status: in_force

Sec. 3. (a) Not later than fifteen (15) days after the execution of the assignment, the trustee shall file a copy of the assignment and schedule in the office of the clerk of the circuit court of the county in which the debtor resides. The trustee shall state under oath, before execution of the trust:

(1) that the trustee will faithfully execute the trust, and the property assigned has been actually delivered into the trustee's possession for the uses declared in the assignment; and

(2) what the probable value of the assigned property is.

(b) The trustee shall, at the time the assignment and schedule is filed under subsection (a), file with the clerk a written undertaking to the state with at least one (1) sufficient surety. The bond to be approved by the clerk:

(1) must be in a sum double the amount of the value of the property assigned; and

(2) conditioned for the faithful discharge of the duties of the trustee's trust.

The bond must be for the use of a person injured by the action of the trustee.

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

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-31-4-1 — Indiana Code / Title 32 / Article 31 / Chapter 4 / Section 32-31-4-1
"Exempt property" defined
Status: in_force

Sec. 1. As used in this chapter, "exempt property" means personal property that is any of the following:

(1) Medically necessary for an individual.

(2) Used by a tenant for the tenant's trade or business.

(3) Any of the following, as necessary for the tenant or a member of the tenant's household:

(A) A week's supply of seasonably necessary clothing.

(B) Blankets.

(C) Items necessary for the care and schooling of a minor child.

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

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-25.5-3-7 — Indiana Code / Title 32 / Article 25.5 / Chapter 3 / Section 32-25.5-3-7
Member voting rights
Status: in_force

Sec. 7. A homeowners association may not suspend the voting rights of a member for nonpayment of any assessments unless:

(1) the governing documents provide for suspension; and

(2) the assessments are delinquent for more than six (6) months.

As added by P.L.167-2009, SEC.2.
Ind. Code § 32-24-4-2 — Indiana Code / Title 32 / Article 24 / Chapter 4 / Section 32-24-4-2
Fee simple or easements
Status: in_force

Sec. 2. The condemnor may take, acquire, condemn, and appropriate a fee simple estate, title, and interest in an amount of land as the condemnor considers necessary for the condemnor's proper uses and purposes. However, for rights-of-way, the condemnor shall take, acquire, condemn, and appropriate an easement.

[Pre-2002 Recodification Citation: 32-11-3-2.]

As added by P.L.2-2002, SEC.9.
Ind. Code § 32-30-8-6 — Indiana Code / Title 32 / Article 30 / Chapter 8 / Section 32-30-8-6
Action to abate nuisance initiated or joined by owner of record; exempt from notice requirement
Status: in_force

Sec. 6. If the owner of record of a property that is the subject of an action under this chapter initiates or joins in the action under this chapter, the requirement under section 5 of this chapter to provide notice at least forty-five (45) days before filing does not apply to the action.

[Pre-2002 Recodification Citation: 34-19-3-6.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-23-13-3 — Indiana Code / Title 32 / Article 23 / Chapter 13 / Section 32-23-13-3
"Unknown or missing owner"
Status: in_force

Sec. 3. (a) As used in this chapter, "unknown or missing owner" means a person:

(1) vested of record or by operation of IC 32-23-10 with a property interest in:

(A) a mineral estate in land; or

(B) a portion of a mineral estate in land; and

(2) whose identity or location cannot be determined:

(A) from the records in the chain of title in the county in which the land is located;

(B) by diligent inquiry in the vicinity of the record owner's last known place of residence or location; and

(C) from a search of tax records in the county in which the property is located.

(b) The term includes the person's heirs and devisees and successors and assigns.

As added by P.L.28-2015, SEC.1.
Ind. Code § 32-23-4-4 — Indiana Code / Title 32 / Article 23 / Chapter 4 / Section 32-23-4-4
Creation; requirements
Status: in_force

Sec. 4. A solar easement:

(1) must be created in writing; and

(2) is subject to the conveyancing and recording requirements of this title.

[Pre-2002 Recodification Citation: 32-5-2.5-2.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-24-1-17 — Indiana Code / Title 32 / Article 24 / Chapter 1 / Section 32-24-1-17
Conflicting laws; repeal
Status: repealed

Sec. 17. All laws and parts of laws in conflict with the provisions of this chapter are hereby repealed: provided, that this repeal shall not affect proceedings pending on April 15, 1905, but such proceedings may be completed as if this chapter had never been passed.

[Pre-2002 Recodification Citation: 32-11-1-13.]

As added by P.L.2-2002, SEC.9.
Ind. Code § 32-30-11-2 — Indiana Code / Title 32 / Article 30 / Chapter 11 / Section 32-30-11-2
Suit commenced upon a bond payable to Indiana; required written notice
Status: in_force

Sec. 2. (a) This section applies to a suit commenced upon a bond payable to the state in any of the courts of Indiana or in a district court of the United States sitting in Indiana.

(b) The plaintiff in the case shall file with the clerk of the circuit court a written notice containing:

(1) the title of the court; and

(2) the names of all parties to the suit and a statement that the suit is upon an official bond.

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

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-24-2-6 — Indiana Code / Title 32 / Article 24 / Chapter 2 / Section 32-24-2-6
Application of chapter; condemnation resolutions; notice; remonstrances
Status: in_force

Sec. 6. (a) This chapter applies if the works board of a municipality wants to acquire property for the use of the municipality or to open, change, lay out, or vacate a street, an alley, or a public place in the municipality, including a proposed street or alley crossings of railways or other rights-of-way. However, this chapter does not apply if a municipality wants to acquire the property of a public utility (as defined in IC 8-1-2-1).

(b) The works board must adopt a resolution that the municipality wants to acquire the property. The resolution must describe the property that may be injuriously or beneficially affected. The board shall have notice of the resolution:

(1) published for two (2) consecutive weeks:

(A) with each publication of notice in a newspaper of general circulation published in the municipality; or

(B) with the first publication of notice in a newspaper described in clause (A) and the second publication of notice:

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

(ii) on the official web site of the municipality; and

(2) mailed to the owner of each piece of property affected by the proposed acquisition.

The notice must name a date, at least thirty (30) days after the last publication, at which time the board will receive or hear remonstrances from persons interested in or affected by the proceeding.

(c) The works board shall consider the remonstrances, if any, and then take final action, confirming, modifying, or rescinding its original resolution.

[Pre-2002 Recodification Citation: 32-11-1.5-3.]

As added by P.L.2-2002, SEC.9. Amended by P.L.172-2009, SEC.6; P.L.80-2020, SEC.4; P.L.152-2021, SEC.33.
Ind. Code § 32-30-10.5-1.2 — Indiana Code / Title 32 / Article 30 / Chapter 10.5 / Section 32-30-10.5-1.2
"Authority"
Status: in_force

Sec. 1.2. As used in this chapter, "authority" refers to the Indiana housing and community development authority created by IC 5-20-1-3.

As added by P.L.170-2011, SEC.5.
Ind. Code § 32-23-2-4 — Indiana Code / Title 32 / Article 23 / Chapter 2 / Section 32-23-2-4
Revival or reinstatement of easement in gross of a commercial character
Status: repealed

Sec. 4. This chapter does not revive or reinstate an expired, a terminated, or an abandoned easement in gross of a commercial character.

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

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-28-12-4 — Indiana Code / Title 32 / Article 28 / Chapter 12 / Section 32-28-12-4
Complaint to enforce lien
Status: in_force

Sec. 4. (a) An employee having acquired a lien under this chapter may enforce the lien by filing a complaint in the circuit or superior court in the county where the lien was acquired at any time within six (6) months after the date of acquiring the lien, or if a credit is given, after the date of the credit.

(b) The court rendering judgment for the claim shall declare the claim a lien upon the corporation's property and order the property sold to pay and satisfy the judgment and costs, as other lands are sold on execution or decree.

(c) In an action brought under this section, the court shall make orders as to the application of the earnings of the corporation that are just and equitable, whether or not the relief is asked for in the complaint.

[Pre-2002 Recodification Citation: 32-8-24-3.]

As added by P.L.2-2002, SEC.13. Amended by P.L.45-2016, SEC.6; P.L.9-2022, SEC.68.
Ind. Code § 32-34-1.5-83 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-83
Notice of breach of confidential information
Status: in_force

Sec. 83. (a) Except to the extent prohibited by law other than this chapter, the attorney general or the attorney general's agent shall notify a holder as soon as practicable of:

(1) a suspected loss, misuse or unauthorized access, disclosure, modification, or destruction of confidential information obtained from the holder in the possession of the attorney general or the attorney general's agent; and

(2) any interference with operations in any system hosting or housing confidential information which:

(A) compromises the security, confidentiality, or integrity of the information; or

(B) creates a substantial risk of identity fraud or theft.

(b) The attorney general and the attorney general's agent must comply with the requirements of IC 4-1-10 and IC 4-1-11 if an event described in subsection (a) leads to the disclosure of confidential information.

(c) If an event described in subsection (a) occurs, the attorney general and the attorney general's agent shall:

(1) take action necessary for the holder to understand and minimize the effect of the event and determine its scope; and

(2) cooperate with the holder with respect to:

(A) any notification required by law concerning a data or other security breach; and

(B) a regulatory inquiry, litigation, or similar action.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-30-7-15 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-15
Owner of real property; payment of costs; surety; abatement of indecent nuisance; showing good faith; discharge of preliminary injunction
Status: in_force

Sec. 15. (a) The owner of real property that has been closed or is to be closed under this chapter may appear after the filing of the complaint and before the hearing on the application for a permanent injunction and do the following:

(1) Pay all costs incurred.

(2) File a bond with sureties to be approved by the court:

(A) in the full value of the property to be ascertained by the court; and

(B) conditioned upon the owner immediately abating the indecent nuisance and preventing the indecent nuisance from being established or kept until the decision of the court is rendered on the application for a permanent injunction.

(b) If the defendant complies with subsection (a) and the court is satisfied:

(1) of the good faith of the owner of the real property; and

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

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

[Pre-2002 Recodification Citation: 34-19-2-10.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-30-16-14 — Indiana Code / Title 32 / Article 30 / Chapter 16 / Section 32-30-16-14
Modification of easement upon acceptance of damages
Status: in_force

Sec. 14. The acceptance by a property owner of payment for damages as a result of any acts of an electricity supplier under this chapter operates to modify the electric easement to allow for the installation, servicing, maintenance, and use of communications infrastructure within the easement.

As added by P.L.236-2017, SEC.1.
Ind. Code § 32-30-7-13 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-13
Effect of preliminary injunction; restraining orders
Status: in_force

Sec. 13. An order issued under section 12(b)(2) of this chapter closing a place continues in effect while the restraining order issued under section 9(b) of this chapter is in effect. If a restraining order has not been issued under section 9(b) of this chapter, the order closing the place under section 12(b)(2) of this chapter must include an order restraining the removal or interference with the personal property and contents.

[Pre-2002 Recodification Citation: 34-19-2-8.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-25.5-3.5-2 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.5 / Section 32-25.5-3.5-2
"Dwelling unit"
Status: in_force

Sec. 2. As used in this chapter, "dwelling unit" has the meaning set forth in IC 32-31-5-3.

As added by P.L.73-2022, SEC.1.
Ind. Code § 32-28-12-0.2 — Indiana Code / Title 32 / Article 28 / Chapter 12 / Section 32-28-12-0.2
Application of certain amendments to prior law
Status: in_force

Sec. 0.2. The amendments made to IC 32-8-24-2 (before its repeal, now codified at section 2 of this chapter) by P.L.235-1993:

(1) apply to liens that are perfected before, on, or after April 22, 1993; and

(2) do not apply to divest a right that vested before April 22, 1993.

As added by P.L.220-2011, SEC.524.
Ind. Code § 32-31-2.9-4 — Indiana Code / Title 32 / Article 31 / Chapter 2.9 / Section 32-31-2.9-4
Inapplicability of residential landlord-tenant statutes
Status: in_force

Sec. 4. The residential landlord-tenant statutes do not apply to any of the following arrangements unless the arrangement was created to avoid application of the residential landlord-tenant statutes:

(1) Residence at a rental unit owned or operated by an institution that is directly related to detention or the provision of medical care, maternity home care, education, counseling, religious service, geriatric service, or a similar service.

(2) Occupancy under a contract of sale of a rental unit or the property of which the rental unit is a part if the occupant is the purchaser or a person who succeeds to the purchaser's interest. However, the residential landlord-tenant statutes apply to occupancy of a rental unit under a rental agreement described in IC 32-31-3-7(b).

(3) Occupancy by a member of a fraternal or social organization in the part of a structure operated for the benefit of the organization.

(4) Transient occupancy in a hotel, motel, or other lodging.

(5) Occupancy by an employee of a landlord whose right to occupancy is conditional upon employment in or about the premises.

(6) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative.

(7) Occupancy under a rental agreement covering property used by the occupant primarily for agricultural purposes.

As added by P.L.29-2003, SEC.1. Amended by P.L.62-2008, SEC.1.
Ind. Code § 32-31-2-1 — Indiana Code / Title 32 / Article 31 / Chapter 2 / Section 32-31-2-1
Necessity of recording
Status: in_force

Sec. 1. (a) This section does not apply to any lease that is entered into by the Indiana department of transportation under IC 8-23-2.

(b) Not more than forty-five (45) days after its execution, a lease of real estate for a period longer than three (3) years shall be recorded in the Miscellaneous Record in the recorder's office of the county in which the real estate is located.

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

As added by P.L.2-2002, SEC.16. Amended by P.L.14-2019, SEC.5.
Ind. Code § 32-23-7-8 — Indiana Code / Title 32 / Article 23 / Chapter 7 / Section 32-23-7-8
Contract rights not limited; legislative intent; regulation of industry; construction of law
Status: in_force

Sec. 8. (a) This chapter does not limit the rights of parties to contract with regard to an oil and gas estate or a coal bed methane estate in land affecting lands in Indiana:

(1) to the extent permitted by; and

(2) in a manner consistent with;

the nature of the estate in law as specified under this chapter.

(b) This chapter does not affect the rights or powers of any commission, board, or authority duly constituted for the regulation of the oil and gas industry or the coal bed methane industry in Indiana.

[Pre-2002 Recodification Citations: 32-5-7-4; 32-5-7-5; 32-5-7-6.]

As added by P.L.2-2002, SEC.8. Amended by P.L.140-2011, SEC.28.
Ind. Code § 32-27-2-2 — Indiana Code / Title 32 / Article 27 / Chapter 2 / Section 32-27-2-2
"Initial home buyer" defined
Status: in_force

Sec. 2. As used in this chapter, "initial home buyer" means a person who:

(1) executes a contract with a builder to buy a new home; and

(2) either:

(A) occupies the new home as:

(i) the home's first occupant; and

(ii) a residence; or

(B) rents the new home to an individual who occupies the new home as:

(i) the home's first occupant; and

(ii) a residence.

[Pre-2002 Recodification Citation: 32-15-7-2.]

As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.3.
Ind. Code § 32-21-2.5-11 — Indiana Code / Title 32 / Article 21 / Chapter 2.5 / Section 32-21-2.5-11
Effect on Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.)
Status: in_force

Sec. 11. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001, et seq.) but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. 7001(c)) or authorize electronic delivery of any of the notices described in Section 103(b) of that act (15 U.S.C. 7003(b)).

As added by P.L.127-2017, SEC.8.
Ind. Code § 32-17-11-27 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-27
Right of financial institutions to set off against accounts
Status: in_force

Sec. 27. (a) Without qualifying any other statutory right to set off or lien and subject to any contractual provision, if a party to a multiple party account is indebted to a financial institution, the financial institution has a right to set off against the account in which the party has, or had immediately before the party's death, a present right of withdrawal.

(b) The amount of the account subject to set off as described in subsection (a) is that proportion to which the debtor is, or was immediately before the debtor's death, beneficially entitled.

(c) In the absence of proof of net contributions, the amount of the account subject to set off as described in subsection (a) is an equal share with all parties having present rights of withdrawal.

[Pre-2002 Recodification Citation: 32-4-1.5-13.]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-17-14-12 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-12
Transfer on death transfers of tangible personal property
Status: in_force

Sec. 12. (a) A deed of gift, bill of sale, or other writing intended to transfer an interest in tangible personal property is effective on the death of the owner and transfers ownership to the designated transferee beneficiary if the document:

(1) expressly creates ownership in beneficiary form;

(2) is in other respects sufficient to transfer the type of property involved; and

(3) is executed by the owner and acknowledged before a notary public or other person authorized to administer oaths or executed in the presence of a disinterested witness.

(b) A beneficiary transfer document described in this section is not required to be supported by consideration or delivered to the transferee beneficiary.

(c) This section does not preclude other methods of transferring ownership of tangible personal property that are permitted by law and have the effect of postponing enjoyment of the property until after the death of the owner.

(d) For purposes of this section, a witness is disinterested if the witness is not:

(1) the designated transferee beneficiary;

(2) the spouse of the designated transferee beneficiary;

(3) a descendant of the designated transferee beneficiary; or

(4) the spouse of a descendant of the designated transferee beneficiary.

(e) A disinterested witness may prove the owner's execution of a deed of gift, bill of sale, or other writing under this section as a witness may prove the signature of a grantor, principal, or affiant making a conveyance, mortgage, or other instrument of writing under IC 32-21-2-3(a).

As added by P.L.143-2009, SEC.41. Amended by P.L.185-2021, SEC.31.
Ind. Code § 32-31-1-21 — Indiana Code / Title 32 / Article 31 / Chapter 1 / Section 32-31-1-21
Disclosure of structure in flood plain
Status: in_force

Sec. 21. (a) This section applies to rental agreements entered into or renewed after June 30, 2009, for residential, agricultural, and commercial property.

(b) If the lowest floor of a structure, including a basement, that is the subject of a rental agreement is at or below the one hundred (100) year frequency flood elevation, as determined by:

(1) the department of natural resources;

(2) the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps; or

(3) FEMA approved local flood plain maps;

the landlord shall clearly disclose in a landlord-tenant rental agreement that the structure is located in a flood plain.

As added by P.L.27-2009, SEC.1.
Ind. Code § 32-28-14-4 — Indiana Code / Title 32 / Article 28 / Chapter 14 / Section 32-28-14-4
"Subdivision"
Status: in_force

Sec. 4. As used in this chapter, "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.135-2007, SEC.3.
Ind. Code § 32-28-3-15 — Indiana Code / Title 32 / Article 28 / Chapter 3 / Section 32-28-3-15
Accepting payment for labor or materials subject to outstanding indebtedness
Status: in_force

Sec. 15. A person who knowingly or intentionally:

(1) performs labor, supplies services, or furnishes material or machinery in the:

(A) construction;

(B) repair; or

(C) remodeling;

of a building, structure, or other work;

(2) accepts payment for the labor, services, material, or machinery furnished and supplied;

(3) at the time of receiving the payment, knows that the person is indebted to another for:

(A) labor, including the cost of renting or leasing construction and other equipment and tools, whether or not an operator is also provided by the lessor;

(B) services;

(C) material; or

(D) machinery;

used or employed in the construction, repair, or remodeling;

(4) fails:

(A) at the time of receiving the payment; and

(B) with intent to defraud;

to notify in writing the person from whom the payment was received of the existence of the outstanding indebtedness; and

(5) causes the person from whom the payment was received to suffer a loss by failing under subdivision (4) to notify the person of the existence of the outstanding indebtedness;

commits a Level 6 felony.

[Pre-2002 Recodification Citation: 32-8-3-15.]

As added by P.L.2-2002, SEC.13. Amended by P.L.158-2013, SEC.332.
Ind. Code § 32-17-4-24 — Indiana Code / Title 32 / Article 17 / Chapter 4 / Section 32-17-4-24
Repealed
Status: repealed

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

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.24.
Ind. Code § 32-30-10-0.2 — Indiana Code / Title 32 / Article 30 / Chapter 10 / Section 32-30-10-0.2
Application of certain amendments to prior law
Status: in_force

Sec. 0.2. The:

(1) amendments made to IC 34-1-53-10 (before its repeal, later codified at IC 32-15-6-10 (before its repeal), now codified at section 12 of this chapter); and

(2) addition of IC 34-1-53-12 (before its repeal, later codified at IC 32-15-6-12 (before its repeal), now codified at section 14 of this chapter);

by P.L.56-1996 apply to all sheriff's sales conducted to foreclose mortgages on or after March 14, 1996.

As added by P.L.220-2011, SEC.528.
Ind. Code § 32-30-4-1 — Indiana Code / Title 32 / Article 30 / Chapter 4 / Section 32-30-4-1
Additional actions authorized
Status: in_force

Sec. 1. (a) Wrongs that were previously remediable by an action of waste are remediable by a judgment for damages, forfeiture of the estate of the offending party, and eviction from the premises.

(b) A judgment of forfeiture and eviction may be given to a person who is entitled to the reversion against the tenant in possession only when the injury to the estate in reversion is adjudged:

(1) to be equal to the value of the tenant's estate or unexpired term; or

(2) to have been done in malice.

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

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-25.5-3-6 — Indiana Code / Title 32 / Article 25.5 / Chapter 3 / Section 32-25.5-3-6
Repealed
Status: repealed

As added by P.L.167-2009, SEC.2. Repealed by P.L.141-2015, SEC.9.
Ind. Code § 32-30-13-3 — Indiana Code / Title 32 / Article 30 / Chapter 13 / Section 32-30-13-3
Lien of subrogated purchaser
Status: in_force

Sec. 3. A purchaser of property referred to in section 1 of this chapter, if the proceedings are defective or the description of the property sold is imperfect, also has a lien to the same extent on the property sold as against all persons except bona fide purchasers without notice.

[Pre-2002 Recodification Citation: 32-15-9-1 part.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-17.5-9-1 — Indiana Code / Title 32 / Article 17.5 / Chapter 9 / Section 32-17.5-9-1
Disclaimer for estate and gift tax purposes
Status: reserved

Sec. 1. Notwithstanding any other provision of this article, if, as a result of a disclaimer or transfer, the disclaimed or transferred interest is treated under:

(1) Title 26 of the United States Code, in effect on July 1, 2003, or later amended or a successor statute; and

(2) the regulations promulgated under the statute referred to in subdivision (1);

as never having been transferred to the disclaimant, then the disclaimer or transfer is effective as a disclaimer under this article.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-21-1-14 — Indiana Code / Title 32 / Article 21 / Chapter 1 / Section 32-21-1-14
Conveyances by attorney; power of attorney
Status: in_force

Sec. 14. A conveyance of land by an attorney in fact under IC 30-5-3-3 is not effective unless the attorney in fact is empowered to make the conveyance under a power of attorney that:

(1) is executed or signed by the principal (as defined in IC 30-5-2-8); and

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

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

As added by P.L.2-2002, SEC.6. Amended by P.L.185-2021, SEC.35; P.L.99-2024, SEC.21.
Ind. Code § 32-17.5-2-9 — Indiana Code / Title 32 / Article 17.5 / Chapter 2 / Section 32-17.5-2-9
"State"
Status: in_force

Sec. 9. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band or Alaskan native village recognized by federal law or formally acknowledged by a state.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-34-4-4 — Indiana Code / Title 32 / Article 34 / Chapter 4 / Section 32-34-4-4
"Vehicle" defined
Status: in_force

Sec. 4. As used in this chapter, "vehicle" means a motor vehicle or a watercraft.

[Pre-2002 Recodification Citation: 32-9-9-4.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-34-5-2 — Indiana Code / Title 32 / Article 34 / Chapter 5 / Section 32-34-5-2
"Lender's address" defined
Status: in_force

Sec. 2. As used in this chapter, "lender's address" means the most recent address of a lender as shown on the museum's records pertaining to property on loan from the lender.

[Pre-2002 Recodification Citation: 32-9-10-2.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-31-11-2 — Indiana Code / Title 32 / Article 31 / Chapter 11 / Section 32-31-11-2
Applicability of definitions; "eviction action"
Status: in_force

Sec. 2. For purposes of this chapter:

(1) the definitions in IC 32-31-3 apply; and

(2) "eviction action" means:

(A) an action for possession of the rental premises (as defined in IC 32-31-7-3), including a petition for an emergency possessory order under IC 32-31-6; or

(B) an action to evict the tenant from the rental premises (as defined in IC 32-31-7-3);

as authorized by the rental agreement or by any applicable law.

As added by P.L.164-2022, SEC.3.
Ind. Code § 32-27-1-6 — Indiana Code / Title 32 / Article 27 / Chapter 1 / Section 32-27-1-6
"Load bearing parts of the home" defined
Status: in_force

Sec. 6. As used in this chapter, "load bearing parts of the home" means the following:

(1) Foundation systems and footings.

(2) Beams.

(3) Girders.

(4) Lintels.

(5) Columns.

(6) Walls and partitions.

(7) Floor systems.

(8) Roof framing systems.

[Pre-2002 Recodification Citation: 24-5-11.5-6.]

As added by P.L.2-2002, SEC.12.
Ind. Code § 32-24-7-3 — Indiana Code / Title 32 / Article 24 / Chapter 7 / Section 32-24-7-3
Contents of resolution
Status: in_force

Sec. 3. The resolution described in section 2 of this chapter must specifically describe:

(1) the parcel of land that the library board seeks to acquire by exercising eminent domain;

(2) the purpose for which the parcel of land is to be acquired; and

(3) why the exercise of eminent domain is necessary to accomplish the library board's purpose.

As added by P.L.163-2006, SEC.18.
Ind. Code § 32-26-9-0.5 — Indiana Code / Title 32 / Article 26 / Chapter 9 / Section 32-26-9-0.5
"Agricultural land"; nonapplicability of chapter
Status: in_force

Sec. 0.5. (a) As used in this section, "agricultural land" means land that is:

(1) zoned or otherwise designated as agricultural land;

(2) used for growing crops or raising livestock; or

(3) reserved for conservation.

(b) This chapter does not apply to a fence that separates two (2) adjoining parcels of property unless at least one (1) of the adjoining parcels is agricultural land.

As added by P.L.57-2003, SEC.1.
Ind. Code § 32-34-2-1 — Indiana Code / Title 32 / Article 34 / Chapter 2 / Section 32-34-2-1
Auction sale of unclaimed property; notice; record; refund
Status: in_force

Sec. 1. (a) After a proprietor, manager, or lessee of a hotel in Indiana holds an unclaimed article for at least three (3) months, whether or not a receipt or check for the article was given to the person who left the article, the proprietor, manager, or lessee may sell the article at a public auction, and, out of the proceeds, retain any balance due from the person leaving the article, the expenses of advertising the sale, and the expenses of the sale.

(b) A proprietor, manager, or lessee may not sell the article until:

(1) notice of the sale is sent to the owner by mail, if the name and address of the owner are known; and

(2) two (2) weeks after the publication of a notice of the sale is made in a newspaper published at or nearest the place where the article was left and where the sale will take place.

(c) The notice must contain a description of the article and the time and place of the sale.

(d) A proprietor, manager, or lessee shall record the amount received at the sale for each article sold and the balance, if any, remaining after the balance due and the expenses of the sale have been paid.

(e) At any time within one (1) year after the sale, a proprietor, manager, or lessee shall refund the balance referred to in subsection (d) to the owner of the article or to the owner's heirs or assigns upon presentation of satisfactory proof of ownership.

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

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-30-2-7 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-7
Recovery for use and occupation; recovery limitation
Status: in_force

Sec. 7. The plaintiff may recover in an action under this chapter for the use and occupation of the premises up to the time the use or occupation is terminated by the defendant. However, the plaintiff may not recover for the use and occupation of the premises for more than six (6) years before the commencement of the action.

[Pre-2002 Recodification Citation: 32-15-2-7.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-21-5-2 — Indiana Code / Title 32 / Article 21 / Chapter 5 / Section 32-21-5-2
"Buyer" defined
Status: in_force

Sec. 2. As used in this chapter, "buyer" means a transferee in a transaction described in section 1 of this chapter.

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

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-34-8-1 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-1
Advertisement for animal or article found
Status: in_force

Sec. 1. A person who finds a stray horse, mule, ass, sheep, hog, cattle, or goat, or any other article of value, shall, within five (5) days after finding the animal or article, advertise the animal or article in writing in three (3) of the most public places in the township where the animal or article was found, stating the time the animal or article was found and giving a description of the animal or article.

[Pre-2002 Recodification Citation: 32-9-3-1.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-23-7-2.5 — Indiana Code / Title 32 / Article 23 / Chapter 7 / Section 32-23-7-2.5
"Operations for coal bed methane"
Status: in_force

Sec. 2.5. As used in this chapter, "operations for coal bed methane", unless otherwise indicated by the context of this chapter, means:

(1) the exploration, surveying, or testing of land for coal bed methane;

(2) other investigation of the potential of land for coal bed methane production;

(3) the actual drilling or preparation for drilling of wells for coal bed methane;

(4) the stimulation of coal bed methane production by hydrofracturing or otherwise;

(5) the collection and transportation by pipeline of coal bed methane from:

(A) the land; or

(B) nearby land that is a part of a coal bed methane production area that includes the land; or

(6) any other actions directed toward the eventual production or attempted production of coal bed methane from the land.

As added by P.L.140-2011, SEC.23.
Ind. Code § 32-36-1-11 — Indiana Code / Title 32 / Article 36 / Chapter 1 / Section 32-36-1-11
Profits derived from unauthorized use; proof
Status: in_force

Sec. 11. In establishing the amount of the profits under section 10(1)(B) of this chapter:

(1) the plaintiff is required to prove the gross revenue attributable to the unauthorized use; and

(2) the defendant is required to prove properly deductible expenses.

[Pre-2002 Recodification Citation: 32-13-1-11.]

As added by P.L.2-2002, SEC.21.
Ind. Code § 32-30-16-15 — Indiana Code / Title 32 / Article 30 / Chapter 16 / Section 32-30-16-15
Manufacturing facility located on electric easement; notice to property owner of installation, inspection, or maintenance of communications infrastructure; no liability or duty of care
Status: in_force

Sec. 15. (a) This section applies only to an electric easement that:

(1) is located outside a public right-of-way;

(2) does not expressly allow for the installation of communications infrastructure within the easement; and

(3) involves land on which a manufacturing facility is located.

(b) When installing, inspecting, or maintaining communications infrastructure within an electric easement described in subsection (a), an electricity supplier shall make a reasonable, good faith effort to notify the property owner of the installation, inspection, or maintenance of the communications infrastructure. With respect to the installation of communications infrastructure within an electric easement described in subsection (a), the electricity supplier shall provide the property owner with the notice required under section 8 of this chapter.

(c) The failure of an electricity supplier to comply with the notification requirement set forth in subsection (b) does not:

(1) create any liability with respect to the electricity supplier beyond that which would otherwise apply under applicable law; or

(2) create for the property owner a duty of care beyond what is owed by the property owner under IC 34-31-11.

As added by P.L.236-2017, SEC.1.
Ind. Code § 32-39-1-14 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-14
"Fiduciary"
Status: in_force

Sec. 14. As used in this article, "fiduciary" means:

(1) an attorney in fact;

(2) a guardian;

(3) a personal representative; or

(4) a trustee.

The term includes an additional or successor attorney in fact, guardian, personal representative, or trustee as well as an original attorney in fact, guardian, personal representative, or trustee.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-24-2-15 — Indiana Code / Title 32 / Article 24 / Chapter 2 / Section 32-24-2-15
Certificates of damages; disputes as to whom damages should be paid; injunction
Status: repealed

Sec. 15. (a) Upon completion of the award of damages or whenever any time for delay as provided has expired, the works board shall make out certificates for the proper amounts and in favor of the proper persons. Presentation of the certificates to the fiscal officer of the municipality entitles the person to a warrant on the fiscal officer or the county treasurer. The certificates or vouchers shall, whenever practicable, be actually tendered to the persons entitled to them, but when this is impracticable, they shall be kept for the persons in the office of the works board. The making and fixing of the certificate is a valid and effectual tender to the person entitled to it, and the certificate must be delivered to that person on request.

(b) If a dispute or doubt arises as to which person the money shall be paid, the works board shall make out the certificate in favor of the municipality's attorney for the use of the persons entitled to it. The attorney shall draw the money and pay it into court in a proper proceeding, requiring the various claimants to interplead and have their respective rights determined.

(c) If an injunction is obtained because damages have not been paid or tendered, the works board may tender the certificate for the amount with interest from the time of entry upon the property, if any has been made, including all accrued costs. The injunction shall then be dissolved. The pendency of an appeal does not affect the validity of a tender made under this section, but the municipality may proceed with its acquisition of the property in question. However, when a lot or parcel has sustained both benefits and damages because of improvements as stated in the assessment list, only an excess of damages awarded over benefits assessed is payable under this section.

[Pre-2002 Recodification Citation: 32-11-1.5-12.]

As added by P.L.2-2002, SEC.9.
Ind. Code § 32-19-3-1 — Indiana Code / Title 32 / Article 19 / Chapter 3 / Section 32-19-3-1
Reference to United States public land surveys; coordinate description as supplemental; conflicts
Status: in_force

Sec. 1. If coordinates are used to describe any tract of land, that, in the same document, is also described by reference to any subdivision, line, or corner of the United States public land surveys:

(1) the description by coordinates shall be construed as supplemental to the basic description of the subdivision, line, or corner contained in the official plats and field notes filed of record; and

(2) in the event of any conflict, the description by reference to the subdivision, line, or corner of the United States public land surveys prevails over the description by coordinates.

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

As added by P.L.2-2002, SEC.4. Amended by P.L.159-2018, SEC.5.
Ind. Code § 32-23-11-3 — Indiana Code / Title 32 / Article 23 / Chapter 11 / Section 32-23-11-3
"Railroad" defined
Status: in_force

Sec. 3. (a) As used in this chapter, "railroad" refers to a railroad company.

(b) The term includes a person to whom any part of a right-of-way was transferred under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.).

[Pre-2002 Recodification Citation: 32-5-12-3.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-34-8-9 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-9
Sale of property; proceeds distribution; receipts
Status: in_force

Sec. 9. (a) The court shall issue a warrant to the sheriff to sell the property at auction, giving ten (10) days notice in writing of the time and place of sale and describing the property to be sold.

(b) The sheriff shall, within five (5) days after the sale, return the order and proceeds of sale to the court, retaining one dollar ($1) for the sheriff's services.

(c) The court shall immediately pay over to the county treasurer the proceeds of sale, after deducting the proper amount to be paid to the finder, fifty cents ($0.50) for the fee of the judge of the court and, for every mile that the judge must travel in making the return, a sum for mileage equal to that sum per mile paid to state officers and employees.

(d) The court shall receive from the treasurer duplicate receipts and file one (1) receipt in the office of the clerk of the circuit court and one (1) receipt with the county auditor.

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

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-17-13-9 — Indiana Code / Title 32 / Article 17 / Chapter 13 / Section 32-17-13-9
Release of obligor or trustee from liability for transfer of assets to nonprobate transferee
Status: in_force

Sec. 9. Unless written notice asserting that a deceased transferor's probate estate is insufficient to pay allowed claims and statutory allowances has been received from the deceased transferor's personal representative, the following rules apply:

(1) Payment or delivery of assets by a financial institution, registrar, or another obligor to a nonprobate transferee under the terms of the governing instrument controlling the transfer releases the obligor from all claims for amounts paid or assets delivered.

(2) A trustee receiving or controlling a nonprobate transfer is released from liability under this section on any assets distributed to the trust's beneficiaries. Each beneficiary, to the extent of the distribution received, becomes liable for the amount of the trustee's liability attributable to that asset imposed by sections 2 and 3 of this chapter.

As added by P.L.165-2002, SEC.11. Amended by P.L.163-2018, SEC.21.
Ind. Code § 32-17-4-23 — Indiana Code / Title 32 / Article 17 / Chapter 4 / Section 32-17-4-23
Partition of fee and life estates
Status: in_force

Sec. 23. A:

(1) person that owns:

(A) an undivided interest in fee simple in any lands; and

(B) a life estate in:

(i) the remaining part of the land; or

(ii) any part of the remaining portion of the land; or

(2) person that owns a fee in the land described in subdivision (1) that is subject to the undivided interest in fee and the life estate in the land;

may compel partition of the land and have the fee simple interest in the land set off and determined in the same manner as land is partitioned under Indiana law.

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

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

Sec. 3. As used in this chapter, "rental premises" includes all of the following:

(1) A tenant's rental unit.

(2) The structure in which the tenant's rental unit is a part.

As added by P.L.92-2002, SEC.1.
Ind. Code § 32-25-8.5-16 — Indiana Code / Title 32 / Article 25 / Chapter 8.5 / Section 32-25-8.5-16
Effect of release or discharge
Status: in_force

Sec. 16. A release or discharge of a respondent from liability to the claimant with respect to the claim does not release or discharge the respondent with respect to any other person who is not a party to the claim.

As added by P.L.141-2015, SEC.5.
Ind. Code § 32-30-5-13 — Indiana Code / Title 32 / Article 30 / Chapter 5 / Section 32-30-5-13
Claims filed with receiver
Status: in_force

Sec. 13. All claims against the assets in the hands of the receiver that are filed with the receiver shall be filed by the receiver with the clerk of the court in which the receivership is pending. The clerk shall record the claims with the statements under this chapter, resulting in a complete record of the assets and liabilities of the receivership.

[Pre-2002 Recodification Citation: 34-48-3-2.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-17-14-18 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-18
Lost, destroyed, damaged, or involuntarily converted property subject to a beneficiary designation
Status: in_force

Sec. 18. If property subject to a beneficiary designation is lost, destroyed, damaged, or involuntarily converted during the owner's lifetime, the beneficiary succeeds to any right with respect to the loss, destruction, damage, or involuntary conversion that the owner would have had if the owner had survived. However, the beneficiary has no interest in any payment or substitute property received by the owner during the owner's lifetime.

As added by P.L.143-2009, SEC.41.
Ind. Code § 32-35-2-31 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-31
Safekeeping and delivery of property; expenses
Status: in_force

Sec. 31. An executing officer who has taken property subject to an order of possession issued under this chapter shall:

(1) keep it in a secure place; and

(2) deliver it to the party entitled to the property upon receiving actual, reasonable, and necessary expenses for keeping the property.

[Pre-2002 Recodification Citation: 34-21-8-3.]

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-31-11-4 — Indiana Code / Title 32 / Article 31 / Chapter 11 / Section 32-31-11-4
Eviction actions resolved before July 1, 2022, or for which order of nondisclosure not otherwise issued; right of tenant to petition court for nondisclosure order; required information; order or hearing; burden of proof
Status: in_force

Sec. 4. (a) If:

(1) an eviction action:

(A) is filed before July 1, 2022; and

(B) results in an outcome described in section 3(a)(1) through 3(a)(3) of this chapter before July 1, 2022;

and the court in the action has not otherwise filed an order described in section 3 of this chapter; or

(2) the court has not otherwise issued an order under section 3 of this chapter in an eviction action that results, on or after July 1, 2022, in an outcome described in section 3(a)(1) through 3(a)(3) of this chapter;

the tenant in the action may petition the court in which the eviction action was filed to issue an order prohibiting the disclosure of any records in the action, including the petition by the landlord for possession of the rental unit, in accordance with section 3 of this chapter.

(b) If:

(1) an eviction action is filed before July 1, 2025; and

(2) an outcome or occurrence described in section 3(b) of this chapter occurs before July 1, 2025;

and the court in the action has not otherwise filed an order described in section 3 of this chapter, the tenant in the action may petition the court in which the eviction action was filed to issue an order prohibiting the disclosure of any records in the action, including the petition by the landlord for possession of the rental unit, in accordance with section 3 of this chapter.

(c) A petition under subsection (a) or (b) must be verified by the petitioner and filed with court, and must include the following information:

(1) The petitioner's full name.

(2) The petitioner's date of birth.

(3) The petitioner's current address.

(4) The case number or cause number of the eviction action.

(5) A description of why the petitioner is entitled to relief under this section, along with any supporting documentation or evidence.

(6) A sworn statement that a monetary judgment is not outstanding to the landlord in the eviction action with respect to which the petitioner seeks relief under this section.

(d) The court may do any of the following, with respect to a petition filed under subsection (a) or (b):

(1) Issue an order prohibiting the disclosure of any records in the action, in accordance with section 3 of this chapter, without a hearing, if the court determines that the petition contains sufficient information under subsection (c).

(2) Set the matter for a hearing if:

(A) the court determines that the petition does not contain sufficient information under subsection (c); or

(B) one (1) or more questions arise from the petition.

In a hearing under this subdivision, the petitioner bears the burden of proof with respect to whether the court should issue an order prohibiting the disclosure of any records in the eviction action in accordance with section 3 of this chapter.

As added by P.L.164-2022, SEC.3. Amended by P.L.128-2025, SEC.3.
Ind. Code § 32-35-2-11 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-11
Application to shorten time for show cause hearing
Status: in_force

Sec. 11. (a) If an order of possession was issued before a hearing under this chapter (or IC 34-1-9.1-4 or IC 34-21-4-4 before their repeal), the defendant or other person from whom possession of the property was taken may apply to the court for an order shortening the time for hearing on the order to show cause.

(b) The court may, upon an application made under subsection (a):

(1) shorten the time until the hearing; and

(2) direct that the matter shall be heard on not less than forty-eight (48) hours notice to the plaintiff.

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

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-19-1-1 — Indiana Code / Title 32 / Article 19 / Chapter 1 / Section 32-19-1-1
Designation of systems
Status: in_force

Sec. 1. The systems of plane coordinates that have been established by the National Ocean Survey/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) or its successors for defining and stating the positions or locations of points on the surface of the earth within Indiana are known and designated as the "Indiana coordinate system of 1927" and the "Indiana coordinate system of 1983".

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

As added by P.L.2-2002, SEC.4.
Ind. Code § 32-17.5-8-3 — Indiana Code / Title 32 / Article 17.5 / Chapter 8 / Section 32-17.5-8-3
Power held in fiduciary capacity
Status: in_force

Sec. 3. A disclaimer, in whole or part, of the future exercise of a power held in a fiduciary capacity is not barred by the previous exercise of the power.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-32-3-2 — Indiana Code / Title 32 / Article 32 / Chapter 3 / Section 32-32-3-2
Amendment by developer must be filed
Status: in_force

Sec. 2. Any amendment by the developer of the provisions of the document that created the time share or camping club membership, or of the articles of incorporation, trust, or bylaws, must be filed with the division.

[Pre-2002 Recodification Citation: 24-5-9-23.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-34-1.5-45 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-45
Property not owned by state
Status: in_force

Sec. 45. Property received by the attorney general under this chapter is held in custody for the benefit of the owner and is not owned by the state.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-26-2-4 — Indiana Code / Title 32 / Article 26 / Chapter 2 / Section 32-26-2-4
Strays; confining domestic animal
Status: in_force

Sec. 4. Except as provided in this chapter, if a domestic animal breaks into the enclosure of a person who is not the owner of the domestic animal, the person, without regard to the season of the year:

(1) may confine the animal in the same manner as a stray animal may be confined; and

(2) shall proceed under IC 32-34-8 for stray animals.

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

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-31-1-8 — Indiana Code / Title 32 / Article 31 / Chapter 1 / Section 32-31-1-8
Notice to quit; when not necessary
Status: in_force

Sec. 8. Notice is not required to terminate a lease in the following situations:

(1) The landlord agrees to rent the premises to the tenant for a specified period of time.

(2) The time for the determination of the tenancy is specified in the contract.

(3) A tenant at will commits waste.

(4) The tenant is a tenant at sufferance.

(5) The express terms of the contract require the tenant to pay the rent in advance, and the tenant refuses or neglects to pay the rent in advance.

(6) The landlord-tenant relationship does not exist.

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

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-32-2-12 — Indiana Code / Title 32 / Article 32 / Chapter 2 / Section 32-32-2-12
"Participant" defined
Status: in_force

Sec. 12. "Participant" means any person who, by means of a verbal or written purchase, exchange, or leasing agreement, acquires a right to occupy a time share unit from a developer, purchaser, exchange company, rental or management company, or any other person or organization.

[Pre-2002 Recodification Citation: 24-5-9-19 part.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-34-9-8 — Indiana Code / Title 32 / Article 34 / Chapter 9 / Section 32-34-9-8
Brand as exclusive trademark
Status: in_force

Sec. 8. A brand adopted in accordance with this chapter is the exclusive trademark of the person adopting the brand, and the brand constitutes property under IC 35-31.5-2-253.

[Pre-2002 Recodification Citation: 32-9-5-8.]

As added by P.L.2-2002, SEC.19. Amended by P.L.114-2012, SEC.57.
Ind. Code § 32-17-4-1 — Indiana Code / Title 32 / Article 17 / Chapter 4 / Section 32-17-4-1
Compelling partition; defendants
Status: in_force

Sec. 1. (a) The following persons may compel partition of land held in joint tenancy or tenancy in common as provided under this chapter:

(1) A person that holds an interest in the land as a joint tenant or tenant-in-common either:

(A) in the person's own right; or

(B) as executor or trustee.

(2) If the sale of the estate of a decedent who held an interest in the land as a joint tenant or tenant in common is necessary, the decedent's administrator or executor.

(b) A trustee, an administrator, or an executor may be made a defendant in an action for the partition of real estate to answer as to any interest the trustee, administrator, or executor has in the real estate.

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

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-39-1-28 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-28
"Will"
Status: in_force

Sec. 28. As used in this article, "will" includes a codicil, a testamentary instrument that only appoints an executor, and an instrument that revokes or revises a testamentary instrument.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-34-1.5-5 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-5
Presumption of abandonment for property held in a pension account or retirement account
Status: in_force

Sec. 5. (a) Subject to section 11 of this chapter, property held in a pension account or retirement account that qualifies for tax deferral under federal income tax laws is presumed abandoned if it is unclaimed by the apparent owner three (3) years after the later of the following:

(1) The following dates:

(A) Except as provided in clause (B), the date a second consecutive communication sent by the holder by first class United States mail to the apparent owner is returned to the holder undelivered by the United States Postal Service.

(B) If the second communication is sent later than thirty (30) days after the date the first communication is returned undelivered, the date the first communication was returned undelivered by the United States Postal Service.

(2) The earlier of the following dates:

(A) The date the apparent owner reaches the age at which the Internal Revenue Service requires a minimum distribution from the account, if determinable by the holder.

(B) If the Internal Revenue Code requires distribution to avoid a tax penalty, two (2) years after the following dates:

(i) The date the holder receives confirmation of the death of the apparent owner in the ordinary course of its business.

(ii) The date the holder confirms the death of the apparent owner under subsection (b).

(b) If a holder in the ordinary course of its business receives notice or an indication of the death of an apparent owner of an account described in subsection (a) and subsection (a)(2) applies, the holder shall attempt not later than ninety (90) days after receipt of the notice or indication to confirm whether the apparent owner is deceased.

(c) If the holder does not send communications to the apparent owner of an account described in subsection (a) by first class United States mail, the holder must attempt to confirm the apparent owner's interest in the property by sending the apparent owner an electronic mail communication not later than two (2) years after the apparent owner's last indication of interest in the property. However, the holder must attempt to contact the apparent owner by first class United States mail within sixty (60) days if any of the following apply:

(1) The holder does not have information needed to send the apparent owner an electronic mail communication or the holder believes the apparent owner's electronic mail address in the holder's records is not valid.

(2) The holder receives notification the electronic mail communication was not received.

(3) The apparent owner does not respond to the electronic mail communication not later than thirty (30) days after the communication was sent.

(d) If first class United States mail sent under subsection (c) is returned to the holder undelivered by the United States Postal Service, the property is presumed abandoned three (3) years after the later of the following:

(1) Except as provided in subdivision (2), the date a second consecutive communication to the apparent owner sent by first class United States mail is returned to the holder undelivered.

(2) If the second communication is sent later than thirty (30) days after the date the first communication is returned undelivered, the date the first communication was returned undelivered.

(3) The date established by subsection (a)(2).

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-30-8-7 — Indiana Code / Title 32 / Article 30 / Chapter 8 / Section 32-30-8-7
Application of trial rules to notice; posting requirement
Status: in_force

Sec. 7. (a) Notice of a complaint initiating an action under this chapter must be made as provided in the Indiana Rules of Trial Procedure.

(b) Except in an action under this chapter in which the owner of record of the property that is the subject of the action initiates or joins the action as a party, the person who initiates an action under this chapter, not later than forty-eight (48) hours after filing a complaint under this chapter, shall post a copy of the complaint in a conspicuous place on the property alleged by the complaint to be a nuisance.

[Pre-2002 Recodification Citation: 34-19-3-7.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-23-12-14 — Indiana Code / Title 32 / Article 23 / Chapter 12 / Section 32-23-12-14
Conveying marketable title of lease
Status: in_force

Sec. 14. This chapter shall be liberally construed so that any lease issued under this chapter conveys marketable title.

As added by P.L.94-2009, SEC.1.
Ind. Code § 32-27-3-9 — Indiana Code / Title 32 / Article 27 / Chapter 3 / Section 32-27-3-9
Attorney's fees and costs to construction professional; deduction of sums paid under warranty; failure to comply
Status: in_force

Sec. 9. (a) If a claimant:

(1) unreasonably rejects a reasonable written offer of settlement made under this chapter; or

(2) does not permit the construction professional a reasonable opportunity to inspect or to repair the defect under a reasonable offer of settlement;

and thereafter commences an action governed by this chapter, the court may deny the claimant attorney's fees and costs and award attorney's fees and costs to the construction professional. However, a homeowner is not required to accept an offer to repair the defect when the defect is caused by the construction professional's noncompliance with applicable building codes.

(b) Any sums paid under a homeowners warranty, other than sums paid in satisfaction of claims that are collateral to any coverage issued to or by the construction professional, must be deducted from any recovery.

(c) If a construction professional fails to comply with the requirements of this chapter, the claimant is not obligated to comply further with the provisions of this chapter.

As added by P.L.134-2003, SEC.1.
Ind. Code § 32-25-1-1 — Indiana Code / Title 32 / Article 25 / Chapter 1 / Section 32-25-1-1
Application of law
Status: in_force

Sec. 1. This article applies to property if:

(1) the sole owner of the property; or

(2) all of the owners of the property;

submit the property to this article by executing and recording a declaration under this article.

[Pre-2002 Recodification Citation: 32-1-6-3.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-34-7-1 — Indiana Code / Title 32 / Article 34 / Chapter 7 / Section 32-34-7-1
Inapplicability
Status: in_force

Sec. 1. (a) This chapter does not apply where a silk screen maker or silk screen user retains title to and possession of a silk screen.

(b) This chapter does not grant a customer any rights or title to or interest in a silk screen.

[Pre-2002 Recodification Citation: 32-9-7-5.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-21-5-7 — Indiana Code / Title 32 / Article 21 / Chapter 5 / Section 32-21-5-7
Disclosure form; contents
Status: in_force

Sec. 7. (a) The Indiana real estate commission established by IC 25-34.1-2-1 shall adopt a specific disclosure form that contains the following:

(1) Disclosure by the owner of the known condition of the following:

(A) The foundation.

(B) The mechanical systems.

(C) The roof.

(D) The structure.

(E) The water and sewer systems.

(F) Additions that may require improvements to the sewage disposal system.

(G) Other areas that the Indiana real estate commission determines are appropriate.

(2) Disclosure by the owner of known:

(A) contamination caused by the manufacture of a controlled substance (as defined by IC 35-48-1.1-7) on the property that has not been certified as decontaminated by a qualified inspector who is certified under IC 16-19-3.1; or

(B) manufacture of methamphetamine or dumping of waste from the manufacture of methamphetamine in a residential structure on the property.

(3) A notice to the prospective buyer that contains substantially the following language:

"The prospective buyer and the owner may wish to obtain professional advice or inspections of the property and provide for appropriate provisions in a contract between them concerning any advice, inspections, defects, or warranties obtained on the property.".

(4) A notice to the prospective buyer that contains substantially the following language:

"The representations in this form are the representations of the owner and are not the representations of the agent, if any. This information is for disclosure only and is not intended to be a part of any contract between the buyer and owner.".

(5) A disclosure by the owner that an airport is located within a geographical distance from the property as determined by the Indiana real estate commission. The commission may consider the differences between an airport serving commercial airlines and an airport that does not serve commercial airlines in determining the distance to be disclosed.

(6) A disclosure by the owner that:

(A) the property is located near a military installation, within a state area of interest (as defined in IC 36-7-30.2-6), and may be impacted to some degree by the effects of the installation's military operations; and

(B) local laws may restrict use and development of the property to promote compatibility with military installation operations.

(7) If the owner has personal knowledge of the fact that all or a portion of the real estate is located within a community's flood plain boundaries, as indicated in a Federal Emergency Management Agency Flood Insurance Rate Map, a disclosure by the owner of that fact.

(8) A disclosure by the owner that the property is located within a locally designated historic district under IC 36-7-11.

(9) A disclosure by the owner of a conservation easement (as defined in IC 32-23-5-2).

(10) A disclosure by the owner if the property has a lien pursuant to a written agreement with a redevelopment commission or reuse authority under any of the following:

(A) IC 8-22-3.5-9.8(b).

(B) IC 36-7-14-39.6(b).

(C) IC 36-7-15.1-26.6(b).

(D) IC 36-7-30-26.5(b).

(E) IC 36-7-30.5-31.5(b).

(b) Responsibility for the disclosure required under subsection (a)(6) rests solely with the owner of the property and no liability for the owner's failure to make the required disclosure shall accrue to any third party. Failure of the owner to make the required disclosure under subsection (a)(6) shall not:

(1) invalidate the transfer of the property; or

(2) create any encumbrance or lien upon any legal or equitable title to the property.

[Pre-2002 Recodification Citation: 24-4.6-2-7.]

As added by P.L.2-2002, SEC.6. Amended by P.L.1-2003, SEC.83; P.L.159-2011, SEC.41; P.L.180-2014, SEC.5; P.L.111-2018, SEC.13; P.L.43-2023, SEC.1; P.L.175-2023, SEC.5; P.L.166-2025, SEC.6; P.L.186-2025, SEC.166; P.L.157-2026, SEC.224.
Ind. Code § 32-29-7-0.2 — Indiana Code / Title 32 / Article 29 / Chapter 7 / Section 32-29-7-0.2
Application of certain amendments to prior law
Status: in_force

Sec. 0.2. (a) The amendments made to IC 32-8-16-1 (before its repeal, now codified at section 3 of this chapter) by P.L.276-1995 do not apply to a complaint asking for foreclosure that is filed before July 1, 1995.

(b) The amendments made to IC 32-8-16-5 (before its repeal, now codified at section 9 of this chapter) by P.L.56-1996 apply to all sheriff's sales conducted to foreclose mortgages on or after March 14, 1996.

As added by P.L.220-2011, SEC.526.
Ind. Code § 32-28-12.5-19 — Indiana Code / Title 32 / Article 28 / Chapter 12.5 / Section 32-28-12.5-19
Owner not providing required notice or certification at closing; civil action; damages; defenses
Status: in_force

Sec. 19. (a) If any party, including a broker company, buyer, or buyer's mortgagee suffers a pecuniary loss as the result of an owner's violation of the notice or certification provisions described in section 7 of this chapter, the party may bring a civil action against the owner for the following:

(1) Actual damages.

(2) The costs of the action.

(3) Reasonable attorney's fees.

However, if the party establishes that the owner's violation of the notice or certification provisions was fraudulent, a court may award the party damages that do not exceed three (3) times actual damages.

(b) It is a defense to an action brought under this section that the most recent address provided by the broker company to the owner in the agreement, contract, or other written instrument, including a written instrument described in section 5 of this chapter, was incorrect, and as a result of the incorrect address, the principal broker did not receive the owner's notice described in section 7(b) of this chapter, and as a result the broker company failed to provide the notice as required in section 7(c) of this chapter.

As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.63; P.L.116-2015, SEC.36.
Ind. Code § 32-33-16-6 — Indiana Code / Title 32 / Article 33 / Chapter 16 / Section 32-33-16-6
Notice to customer and persons having perfected security interests
Status: in_force

Sec. 6. (a) Before a lienholder may sell the die, mold, form, jig, or pattern, the lienholder must, in writing, by certified mail, return receipt requested, notify the customer and any person whose security interest is perfected by filing of the following:

(1) The lienholder's intention to sell the die, mold, form, jig, or pattern thirty (30) days after the customer's receipt of the notice.

(2) A description of the die, mold, form, jig, or pattern to be sold.

(3) The time and place of the sale.

(4) An itemized statement for the amount due.

(b) If upon receipt of this notice the customer informs the lienholder in writing of the customer's objections regarding the amount due, the lienholder may file a complaint to foreclose the lien.

(c) If there is no return of the receipt of mailing, or if the postal service returns the notice as being nondeliverable, the lienholder must publish notice of the lienholder's intention to sell the die, mold, form, jig, or pattern in a newspaper of general circulation in the county where the die, mold, form, jig, or pattern is being held for sale by the lienholder. The notice must include a description of the die, mold, form, jig, or pattern and the name of the customer.

[Pre-2002 Recodification Citation: 32-8-37-5.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-21-5-13 — Indiana Code / Title 32 / Article 21 / Chapter 5 / Section 32-21-5-13
Disclosure of defect after offer accepted; buyer's right to nullify contract; return of deposits
Status: in_force

Sec. 13. (a) Notwithstanding section 12 of this chapter, if a prospective buyer receives a disclosure form or an amended disclosure form after an offer has been accepted that discloses a defect, the prospective buyer may after receipt of the disclosure form and within two (2) business days nullify the contract by delivering a written rescission to the owner or the owner's agent, if any.

(b) A prospective buyer is not liable for nullifying a contract under this section and is entitled to a return of any deposits made in the transaction.

[Pre-2002 Recodification Citation: 24-4.6-2-13.]

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-34-1.5-39 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-39
Transfer of securities
Status: in_force

Sec. 39. If a valid claim is made for a security in the possession of the attorney general, the attorney general shall:

(1) transfer the security to the claimant; or

(2) pay the claimant the value of the security as of the date the security was delivered to the attorney general.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-33-6-1 — Indiana Code / Title 32 / Article 33 / Chapter 6 / Section 32-33-6-1
Lien for accommodation charges; sale enforcing
Status: in_force

Sec. 1. (a) The owner or keeper of any hotel, inn, boardinghouse, eating facility, lodging house, or restaurant has a lien upon any trunk, valise or baggage, or other article of value brought into the hotel, inn, boardinghouse, eating facility, lodging house, or restaurant by a person for any and all proper charges due from the person for food, lodging, entertainment, or other accommodation.

(b) The owner or keeper referred to in subsection (a) may detain the trunk, valise or baggage, or other articles of value until the amount of the charge is fully paid. If the charges are not paid within sixty (60) days after the charges accrued, the owner or keeper may sell the trunk, valise or baggage, or other article of value at public auction after giving ten (10) days notice of the time and place of the sale by publication of notice in a newspaper of general circulation in the county in which the hotel, inn, boardinghouse, eating facility, lodging house, or restaurant is situated. In addition, the owner or keeper must at least ten (10) days before the sale mail a copy of the notice addressed to the person at:

(1) the person's post office address if known to the owner or keeper; or

(2) the address registered by the person with the owner or keeper if the owner or keeper is required to keep a register under IC 16-41-29.

(c) After satisfying the lien out of the proceeds of a sale under this section together with any costs that may have been incurred in enforcing the lien, the residue of the proceeds of the sale, if any, must be paid on demand by the owner or keeper to the person not more than six (6) months after the sale. If the residue is not demanded within six (6) months after the date of the sale, the residue or remainder shall be deposited by the owner or keeper with the county treasurer of the county in which the hotel, inn, boardinghouse, eating facility, lodging house, or restaurant is situated, together with a statement of:

(1) the owner's or keeper's claim;

(2) the amount of costs incurred in enforcing the lien;

(3) a copy of the published notice; and

(4) the amount received from the sale of the trunk, valise or baggage, or other article of value sold at the sale.

(d) The residue deposited under subsection (c) shall be accredited to the general revenue funds of the county by the county treasurer subject to the right of the person or the person's representatives to reclaim the residue at any time within three (3) years after the date of the deposit with the county treasurer.

(e) A sale under this section is a bar to any action against the owner or keeper for the recovery of the trunk, valise or baggage, or other article of value or of the value of the trunk, valise or baggage, or other article of value, or for any damage growing out of the failure of the person to receive the trunk, valise or baggage, or other article of value.

(f) However, if the proceeds of a sale after deducting any costs that may have been incurred in enforcing the lien are not sufficient to discharge the owner's or keeper's charges, the balance remains due and owing, and the owner or keeper may commence an action at law against the person for any balance due.

[Pre-2002 Recodification Citation: 32-8-27-2.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-17-13-6 — Indiana Code / Title 32 / Article 17 / Chapter 13 / Section 32-17-13-6
Enforcement proceedings; jurisdiction
Status: in_force

Sec. 6. (a) Upon due notice to a nonprobate transferee, the liability imposed by this chapter is enforceable in proceedings in Indiana in the county where:

(1) the transfer occurred;

(2) the transferee is located; or

(3) the probate action is pending.

(b) A proceeding under this chapter may be commenced as a separate cause from a cause in which a probate action is pending with respect to a deceased transferor of a nonprobate transfer by filing a complaint against a nonprobate transferee as a defendant and serving a summons and a complete copy of the complaint to each defendant under the Indiana Rules of Trial Procedure.

As added by P.L.165-2002, SEC.11. Amended by P.L.163-2018, SEC.18.
Ind. Code § 32-30-1-1 — Indiana Code / Title 32 / Article 30 / Chapter 1 / Section 32-30-1-1
"Person" defined
Status: in_force

Sec. 1. As used in this chapter, "person" means an individual, a partnership, an association, a limited liability company, a corporation, a business trust, a joint stock company, or an unincorporated organization.

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

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-25.5-3.9-1 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.9 / Section 32-25.5-3.9-1
Applicability
Status: in_force

Sec. 1. (a) This chapter applies only to a homeowners association's adoption or amendment of governing documents after June 30, 2026.

(b) This chapter does not apply to an age-restricted community governed by a homeowners association that is in compliance with the Housing for Older Persons Act of 1995.

As added by P.L.53-2026, SEC.7.
Ind. Code § 32-32-3-8 — Indiana Code / Title 32 / Article 32 / Chapter 3 / Section 32-32-3-8
Attorney general requirements
Status: in_force

Sec. 8. The attorney general may require:

(1) that a developer file a performance bond with the division; or

(2) that all or part of the money collected from the consumer as part of a purchase of a time share instrument or camping club membership, including closing costs and exchange company membership fees, be placed and held in escrow until the particular time share unit or camping site to which the time share or camping club membership relates is substantially completed and ready for occupancy.

[Pre-2002 Recodification Citation: 24-5-9-29(a).]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-21-2-8 — Indiana Code / Title 32 / Article 21 / Chapter 2 / Section 32-21-2-8
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-1-2-24.]

As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.40.
Ind. Code § 32-30-6-6 — Indiana Code / Title 32 / Article 30 / Chapter 6 / Section 32-30-6-6
Nuisance described and considered subject to an action
Status: in_force

Sec. 6. Whatever is:

(1) injurious to health;

(2) indecent;

(3) offensive to the senses; or

(4) an obstruction to the free use of property;

so as essentially to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action.

[Pre-2002 Recodification Citation: 34-19-1-1.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-34-8-16 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-16
Compensation for finder
Status: in_force

Sec. 16. If found property is sold or reclaimed, the finder is allowed just and reasonable compensation for keeping the property as determined by the court with jurisdiction where the property was initially found. The finder shall:

(1) keep account of the time a stray animal is kept by the finder; and

(2) state the time to the court under oath.

[Pre-2002 Recodification Citation: 32-9-3-16.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-28-5-1 — Indiana Code / Title 32 / Article 28 / Chapter 5 / Section 32-28-5-1
Lien on real property; entry of satisfaction
Status: in_force

Sec. 1. (a) If a grantee has satisfied a lien on real property, the grantor shall, upon the request of the grantee, record on the lien record that the lien has been satisfied.

(b) Recording on the record of a lien under subsection (a) that the lien has been satisfied operates as a complete discharge of the lien.

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

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-18-1-22 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-22
Power of surviving partner to make assignments
Status: in_force

Sec. 22. A surviving partner of a firm doing business in Indiana has full power to make assignments under this chapter.

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

As added by P.L.2-2002, SEC.3. Amended by P.L.1-2003, SEC.80.
Ind. Code § 32-34-9-7 — Indiana Code / Title 32 / Article 34 / Chapter 9 / Section 32-34-9-7
Brand adopted by dealer; form; acknowledgment; posting
Status: in_force

Sec. 7. (a) A timber dealer desiring to adopt a brand may do so by the execution of a writing in the following form:

Brand - Notice is hereby given that I (or we, as the case may be) have adopted the following brand in my (or our) business as a timber dealer: (Here insert the words, letters, figures, etc., constituting the brand, or if the brand is any device other than words, letters, or figures, insert a facsimile of the brand.) Dated this ____ day of _________ A.D. ______.

(b) The writing must be acknowledged or proved for the record in the same manner as deeds are acknowledged or proven and must be recorded in the office of the clerk of the county in which the timber dealer maintains a principal office or place of business.

(c) A copy of the writing must be posted at the timber dealer's principal place of business, at the courthouse door in the county where the timber dealer carries on business, and at the public places in the county.

[Pre-2002 Recodification Citation: 32-9-5-7.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-17-4-14 — Indiana Code / Title 32 / Article 17 / Chapter 4 / Section 32-17-4-14
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-4-5-15.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.15.
Ind. Code § 32-31-9-10 — Indiana Code / Title 32 / Article 31 / Chapter 9 / Section 32-31-9-10
Change of lock requirements if a court issues a protection or restraining order
Status: in_force

Sec. 10. (a) This section applies if the perpetrator who is restrained from contact with the tenant referred to in subsection (b) under an order referred to in section 7(2)(A) or 7(2)(B) of this chapter is a tenant of the same dwelling unit as the tenant referred to in subsection (b).

(b) A landlord shall change the locks of a tenant's dwelling unit, upon the written request of the tenant, not later than twenty-four (24) hours after the tenant provides the landlord with a copy of a court order referred to in section 7(2) of this chapter restraining the perpetrator referred to in subsection (a) from contact with the tenant, and shall give a key to the new locks to the tenant.

(c) Unless the court order provided to the landlord under subsection (b) allows the perpetrator to return to the dwelling unit to retrieve the perpetrator's personal property, a landlord to whom subsection (b) applies may not by any act provide the perpetrator access to the dwelling unit.

(d) A landlord to whom subsection (b) applies is immune from civil liability for:

(1) excluding the perpetrator from the dwelling unit under a court order; or

(2) loss of use of or damage to personal property while the personal property is present in the dwelling unit.

(e) A perpetrator who has been excluded from a dwelling unit under this section remains liable under the lease with all other tenants of the dwelling unit for rent or damages to the dwelling unit as provided in the lease.

As added by P.L.22-2007, SEC.2.
Ind. Code § 32-35-2-25 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-25
Redelivery of property to defendant from executing officer
Status: in_force

Sec. 25. If the property is in the custody of the executing officer at the time the defendant files an undertaking under section 22 of this chapter, the property shall be redelivered to the defendant not later than five (5) days after the date of service of notice of the filing of the undertaking upon the plaintiff or the plaintiff's attorney.

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

As added by P.L.2-2002, SEC.20.
Ind. Code § 32-21-3-2 — Indiana Code / Title 32 / Article 21 / Chapter 3 / Section 32-21-3-2
"Grantor"
Status: in_force

Sec. 2. As used in this chapter, "grantor" has the meaning set forth in IC 32-17-1-1.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-24-4.5-3 — Indiana Code / Title 32 / Article 24 / Chapter 4.5 / Section 32-24-4.5-3
"Parcel of real property"
Status: in_force

Sec. 3. As used in this chapter, "parcel of real property" means real property that:

(1) is under common ownership; and

(2) a condemnor is seeking to acquire.

As added by P.L.163-2006, SEC.17.
Ind. Code § 32-30-3-2 — Indiana Code / Title 32 / Article 30 / Chapter 3 / Section 32-30-3-2
Order to appear; order to show cause; requirements
Status: in_force

Sec. 2. (a) Upon the filing of an affidavit described in section 1 of this chapter, the clerk shall issue an order for a time fixed by the judge directing the defendant to appear to controvert the affidavit or to show cause why the judge should not remove the defendant from the property and put the plaintiff in possession. The order to show cause must direct the time within which the order must be served on the defendant and set forth the date, time, and place for the hearing, which may take place no earlier than five (5) business days after the date of service on the defendant.

(b) The order to show cause must state the following:

(1) The defendant may file supporting affidavits with the court.

(2) The defendant may appear and present supporting testimony at the hearing on the order to show cause.

(3) The defendant may file with the court a written undertaking to stay the delivery of the property under this chapter.

(4) The judge may issue a judgment of possession in favor of the plaintiff if the defendant fails to appear at the hearing.

[Pre-2002 Recodification Citation: 32-6-1.5-2.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-27-3-6 — Indiana Code / Title 32 / Article 27 / Chapter 3 / Section 32-27-3-6
Dismissal
Status: in_force

Sec. 6. Any action commenced by a claimant before compliance with the requirements of this chapter is subject to dismissal without prejudice, and may not be recommenced until the claimant complies with the requirements of this section.

As added by P.L.134-2003, SEC.1.
Ind. Code § 32-25.5-3.6-3 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.6 / Section 32-25.5-3.6-3
Homeowners association regulation of motor vehicles and outdoor equipment
Status: in_force

Sec. 3. A homeowners association's governing documents may not include a covenant, policy, or similar measure that:

(1) prohibits or restricts the use of a motor vehicle or outdoor equipment;

(2) distinguishes:

(A) between types of motor vehicles; or

(B) between types of outdoor equipment; or

(3) results in:

(A) differing standards for different types of motor vehicles; or

(B) differing standards for different types of outdoor equipment;

based on the fuel source that powers the motor vehicle or outdoor equipment.

As added by P.L.26-2026, SEC.2.
Ind. Code § 32-28-14-6 — Indiana Code / Title 32 / Article 28 / Chapter 14 / Section 32-28-14-6
Lien attaches upon recording of notice of lien
Status: in_force

Sec. 6. (a) A homeowners association lien under this chapter attaches to real estate upon the recording of a notice of lien by the homeowners association in the office of the recorder of the county in which the real estate is located.

(b) A homeowners association lien under this chapter attaches on the date of the recording of the notice of the lien under subsection (a) and does not relate back to:

(1) a date specified in the bylaws, the covenants, or another written instrument of the homeowners association; or

(2) the date the common expenses were assessed.

As added by P.L.135-2007, SEC.3.
Ind. Code § 32-21-10-2 — Indiana Code / Title 32 / Article 21 / Chapter 10 / Section 32-21-10-2
Effect of conveyance by grantee to grantee and another
Status: in_force

Sec. 2. (a) A person who owns real property or an interest in real property that the person has the power to convey may effectively convey the property or interest by a conveyance naming as grantees that person and one (1) or more other persons.

(b) Two (2) or more persons who own real property or an interest in real property that the persons have the power to convey may effectively convey the property or interest by a conveyance naming as grantees one (1) or more of those persons and one (1) or more other persons.

(c) A conveyance under subsection (a) or (b) has the same effect as to whether it creates an estate in:

(1) severalty;

(2) joint tenancy with right of survivorship;

(3) tenancy by the entirety; or

(4) tenancy in common;

as if the conveyance were a conveyance from a stranger who owned the property or interest to the persons named as grantees in the conveyance.

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

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-29-6-9 — Indiana Code / Title 32 / Article 29 / Chapter 6 / Section 32-29-6-9
Certificate of release
Status: in_force

Sec. 9. An officer or appointed agent of a title insurance company may, on behalf of a mortgagor or a person who acquired from the mortgagor a lien against all or part of the property described in a mortgage, execute a certificate of release that complies with the requirements of this chapter and record the certificate of release in the real property records of each county in which the mortgage is recorded if:

(1) a satisfaction or release of the mortgage has not been executed and recorded within sixty (60) days after the date payment in full of the loan secured by the mortgage was sent in accordance with a payoff statement furnished by the mortgagee or the mortgage servicer; and

(2) the title insurance company, an officer of the title insurance company, or an agent of the title insurance company has sent to the last known address of the mortgagee or the mortgage servicer, at least thirty (30) days before executing the certificate of release, written notice of its intention to execute and record a certificate of release in accordance with this section after the expiration of the sixty (60) day period.

[Pre-2002 Recodification Citation: 32-8-15.5-9.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-25.5-3-4 — Indiana Code / Title 32 / Article 25.5 / Chapter 3 / Section 32-25.5-3-4
Approval of certain contracts; meeting; vote
Status: in_force

Sec. 4. (a) This section does not apply to:

(1) a contract entered into by a board that would resolve, settle, or otherwise satisfy an act of enforcement against a homeowners association for violating a state or local law; or

(2) a contract under IC 36-9-27.8.

(b) A board may not enter into any contract that would result in a new assessment or the increase in an existing assessment payable by the affected members of the homeowners association in the amount of more than five hundred dollars ($500) per year for each affected member of the homeowners association unless:

(1) the board holds at least two (2) homeowners association meetings concerning the contract; and

(2) the contract is approved by the affirmative vote of at least two-thirds (2/3) of the affected members of the homeowners association.

(c) A board shall give notice of the first homeowners association meeting held under subsection (b):

(1) to each member of the homeowners association; and

(2) at least seven (7) calendar days before the date the meeting occurs.

As added by P.L.167-2009, SEC.2. Amended by P.L.139-2018, SEC.1.
Ind. Code § 32-30-15-1 — Indiana Code / Title 32 / Article 30 / Chapter 15 / Section 32-30-15-1
Statute of limitations
Status: in_force

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

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-19.5-4-1 — Indiana Code / Title 32 / Article 19.5 / Chapter 4 / Section 32-19.5-4-1
Naming and designation of the INPCS
Status: in_force

Sec. 1. As established for use in any of the zones within the multizone layer, the INPCS:

(1) must be named; and

(2) in any land description in which it is used, must be designated by the official name promulgated by the National Oceanic and Atmospheric Administration's NGS.

As added by P.L.147-2026, SEC.18.
Ind. Code § 32-30-8-9 — Indiana Code / Title 32 / Article 30 / Chapter 8 / Section 32-30-8-9
Hearing; service upon owner of property
Status: in_force

Sec. 9. (a) Except as otherwise provided under rules adopted by the Indiana supreme court, upon the filing of a complaint initiating an action under this chapter, the court shall schedule a hearing not later than twenty (20) days after the filing date.

(b) Service of process must be made upon the owner of the property that is alleged in the notice filed under section 5 of this chapter to be a nuisance at least five (5) days before the hearing. If service cannot be completed in time to give the owner the minimum notice required by this subsection, the court may set a new hearing date.

[Pre-2002 Recodification Citation: 34-19-3-9.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-31-9-11 — Indiana Code / Title 32 / Article 31 / Chapter 9 / Section 32-31-9-11
Reimbursement for lock changes; key requirements
Status: in_force

Sec. 11. (a) A tenant who provides notice or a copy of a court order under section 9 or 10 of this chapter shall reimburse the landlord for the actual expense incurred by the landlord in changing the locks.

(b) If a landlord fails to change the locks within the time set forth in section 9(b) or 10(b) of this chapter, the tenant may change the locks without the landlord's permission, and the landlord shall reimburse the tenant for the actual expense incurred by the tenant in changing the locks.

(c) If a tenant changes the locks of the tenant's dwelling unit under subsection (b), the tenant shall give a key to the new locks to the landlord not later than twenty-four (24) hours after the locks are changed.

As added by P.L.22-2007, SEC.2.
Ind. Code § 32-34-1.5-72 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-72
Civil penalties for evasion and fraudulent reports
Status: in_force

Sec. 72. (a) If a holder enters into a contract or other arrangement for the purpose of evading an obligation under this chapter or otherwise willfully fails to perform a duty imposed on the holder under this chapter, the attorney general may require the holder to pay the attorney general, in addition to interest under section 71(a) of this chapter, a civil penalty of one thousand dollars ($1,000) for each day the obligation is evaded or the duty is not performed, up to a cumulative maximum amount of twenty-five thousand dollars ($25,000), plus twenty-five percent (25%) of the amount or value of property that should have been but was not reported, paid, or delivered as a result of the evasion or failure to perform.

(b) If a holder makes a fraudulent report under this chapter, the attorney general may require the holder to pay to the attorney general, in addition to interest under section 71(a) of this chapter, a civil penalty of one thousand dollars ($1,000) for each day from the date the report was made until corrected, up to a cumulative maximum of twenty-five thousand dollars ($25,000), plus twenty-five percent (25%) of the amount or value of any property that should have been reported but was not included in the report or was underreported.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-29-6-16 — Indiana Code / Title 32 / Article 29 / Chapter 6 / Section 32-29-6-16
Erroneous certificate of release
Status: in_force

Sec. 16. (a) The execution and recording of a wrongful or erroneous certificate of release by a title insurance company or a duly appointed agent with authority from a title insurance company does not relieve the mortgagor, or anyone succeeding to or assuming the interest of the mortgagor, from any liability for the debt or other obligations secured by the mortgage that is the subject of the wrongful or erroneous certificate of release.

(b) Additionally, a title insurance company or an appointed agent with authority from a title insurance company that wrongfully or erroneously executes and records a certificate of release is liable to the mortgagee, or the assignee of the mortgagee if the mortgage has been assigned, for actual damages sustained due to the recording of a wrongful or erroneous certificate of release.

[Pre-2002 Recodification Citation: 32-8-15.5-16.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-39-1-23 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-23
"Record"
Status: in_force

Sec. 23. As used in this article, "record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-34-1.5-17 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-17
Disputes; burden of proof
Status: in_force

Sec. 17. If a holder disputes the attorney general's right to custody of unclaimed property, the attorney general has the burden to prove:

(1) the existence and amount of the property;

(2) the property is presumed abandoned; and

(3) the property is subject to the custody of the attorney general.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-30-7-24.5 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-24.5
Distribution of money collected in human trafficking actions
Status: in_force

Sec. 24.5. Money collected under this chapter concerning a public place in or upon which human trafficking (as described in IC 35-42-3.5-1 through IC 35-42-3.5-1.4) is conducted, permitted, continued, or exists, and the personal property and contents used in conducting and maintaining the place for such a purpose shall be distributed as follows:

(1) Eighty percent (80%) of the money collected shall be deposited in the human trafficking prevention and victim assistance fund established by IC 5-2-6-25, to be used for the purposes of the fund.

(2) Twenty percent (20%) of the money collected shall be transferred to the county auditor for deposit in the county general fund. Money deposited in the county general fund under this subdivision may only be appropriated to the prosecuting attorney to defray expenses incurred in the:

(A) collection of the funds; and

(B) investigation or prosecution of human trafficking.

As added by P.L.237-2015, SEC.6. Amended by P.L.144-2018, SEC.9.
Ind. Code § 32-31-6-4 — Indiana Code / Title 32 / Article 31 / Chapter 6 / Section 32-31-6-4
Petition requirements
Status: in_force

Sec. 4. A petition for an order under this chapter must:

(1) include an allegation specifying:

(A) the violation, act, or omission caused or threatened by a landlord or tenant; and

(B) The nature of the specific immediate and serious:

(i) injury;

(ii) loss; or

(iii) damage;

that the landlord or tenant has suffered or will suffer if the violation, act, or omission is not enjoined; and

(2) be sworn to by the petitioner.

[Pre-2002 Recodification Citation: 32-7-9-4.]

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-36-1-9 — Indiana Code / Title 32 / Article 36 / Chapter 1 / Section 32-36-1-9
Jurisdictional acts
Status: in_force

Sec. 9. A person who:

(1) engages in conduct within Indiana that is prohibited under section 8 of this chapter;

(2) creates or causes to be created within Indiana goods, merchandise, or other materials prohibited under section 8 of this chapter;

(3) transports or causes to be transported into Indiana goods, merchandise, or other materials created or used in violation of section 8 of this chapter; or

(4) knowingly causes advertising or promotional material created or used in violation of section 8 of this chapter to be published, distributed, exhibited, or disseminated within Indiana;

submits to the jurisdiction of Indiana courts.

[Pre-2002 Recodification Citation: 32-13-1-9.]

As added by P.L.2-2002, SEC.21.
Ind. Code § 32-25.5-2-3 — Indiana Code / Title 32 / Article 25.5 / Chapter 2 / Section 32-25.5-2-3
"Governing documents"
Status: in_force

Sec. 3. "Governing documents" includes the following:

(1) The articles of incorporation and bylaws of a homeowners association and all adopted amendments to the articles of incorporation and bylaws.

(2) Any applicable covenants filed with the office of the county recorder of the applicable county recorder, whether contained in a declaration of covenants, contained in conditions and restrictions (or similarly titled document), or contained within a plat.

As added by P.L.167-2009, SEC.2. Amended by P.L.141-2015, SEC.7.
Ind. Code § 32-27-2-9 — Indiana Code / Title 32 / Article 27 / Chapter 2 / Section 32-27-2-9
Disclaimer of implied warranties
Status: in_force

Sec. 9. (a) A builder may disclaim all implied warranties on a new home or model home only if the following conditions are met:

(1) The warranties defined in this chapter are expressly provided for in the written contract between a builder and:

(A) an initial home buyer of a new home; or

(B) the home buyer of a model home.

(2) The performance of the warranty obligations is backed by an insurance policy in an amount at least equal to the purchase price of the new home or model home.

(3) The builder carries completed operations products liability insurance covering the builder's liability for reasonably foreseeable consequential damages arising from a defect covered by the warranties provided by the builder on a new home.

(b) The disclaimer must be printed in a minimum size of 10 point boldface type setting forth that the statutory warranties of section 8 of this chapter for a new home or section 8.5 of this chapter for a model home are in lieu of the implied warranties that have been disclaimed by the builder, and the initial home buyer of a new home or the home buyer of a model home must affirmatively acknowledge by complete signature that the initial home buyer of a new home or the home buyer of a model home has read, understands, and voluntarily agrees to the disclaimer. Additionally, the initial home buyer or home buyer must acknowledge the disclaimer of implied warranties by signing, at the time of execution of the contract, a separate one (1) page notice, attached to the contract, that includes and begins with the following language:

"NOTICE OF WAIVER OF IMPLIED WARRANTIES

I recognize that by accepting the express warranties and the insurance covering those warranties for the periods of time provided in this contract, I am giving up the right to any claims for implied warranties, which may be greater than the express warranties. Implied warranties are unwritten warranties relating to the reasonable expectations of a homeowner with regard to the construction of the homeowner's home, as those reasonable expectations are defined by the courts on a case by case basis.".

(c) If there is a default of either:

(1) the insurance for the performance of the warranty obligations; or

(2) the completed operations products liability insurance;

the disclaimer by the builder is void from and after the default.

[Pre-2002 Recodification Citation: 32-15-7-9.]

As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.11.
Ind. Code § 32-18-2-23 — Indiana Code / Title 32 / Article 18 / Chapter 2 / Section 32-18-2-23
Relation to Uniform Voidable Transactions Act; citation; interpretation
Status: in_force

Sec. 23. This chapter:

(1) adopts, in part, provisions of the Uniform Voidable Transactions Act as released by the National Conference of Commissioners on Uniform State Laws; and

(2) may be cited as the Indiana Uniform Voidable Transactions Act.

However, in interpreting solely this chapter, comments released by a committee of the National Conference of Commissioners on Uniform State Laws shall not be considered as authority.

As added by P.L.61-2017, SEC.21.
Ind. Code § 32-30-10-2 — Indiana Code / Title 32 / Article 30 / Chapter 10 / Section 32-30-10-2
"Economically feasible"; required findings
Status: in_force

Sec. 2. For purposes of section 9 of this chapter, the sale of a property through the services of an auctioneer is "economically feasible" if the court determines that:

(1) a reasonable probability exists that, with the use of the services of an auctioneer, a valid and enforceable bid will be made at a foreclosure for a sale price equal to or greater than the amount of the judgment and the costs and expenses necessary to its satisfaction, including the costs of the auctioneer; and

(2) the reasonable probability would not exist without the use of an auctioneer.

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

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-20-5-2 — Indiana Code / Title 32 / Article 20 / Chapter 5 / Section 32-20-5-2
Filing claim to slander title; claimant's liability for costs and damages
Status: in_force

Sec. 2. In any action to quiet title to land, if the court finds that a person has filed a claim only to slander title to land, the court shall:

(1) award the plaintiff all the costs of the action, including attorney's fees that the court allows to the plaintiff; and

(2) decree that the defendant asserting the claim shall pay to the plaintiff all damages that the plaintiff may have sustained as the result of the notice of claims having been filed for record.

[Pre-2002 Recodification Citation: 32-1-5-9 part.]

As added by P.L.2-2002, SEC.5.
Ind. Code § 32-34-1.5-43 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-43
Records maintained by attorney general
Status: in_force

Sec. 43. The attorney general shall:

(1) record and retain the name and last known address of each person shown on a report filed under section 18 of this chapter to be the apparent owner of property delivered to the attorney general;

(2) record and retain the name and last known address of each insured or annuitant and beneficiary shown on the report;

(3) for each policy of insurance or annuity contract listed in the report of an insurance company, record and retain the policy or account number, the name of the company, and the amount due or paid; and

(4) for each apparent owner listed in the report, record and retain the name of the holder that filed the report and the amount due or paid.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-30-2-14 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-14
Judgment conclusive evidence against landlord receiving notice
Status: in_force

Sec. 14. In an action against a tenant under this chapter, the judgment is conclusive evidence against the landlord who has received notice under section 2 of this chapter.

[Pre-2002 Recodification Citation: 32-15-2-14.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-17-13-10 — Indiana Code / Title 32 / Article 17 / Chapter 13 / Section 32-17-13-10
Recovery of value of nonprobate transfer from nonprobate transferee; intervention
Status: in_force

Sec. 10. (a) If the personal representative of a deceased transferor's probate estate commences a separate proceeding under this chapter and recovers all or part of the value of the nonprobate transfer from the nonprobate transferees, the personal representative must:

(1) include the value in the inventory of the deceased transferor's probate estate; and

(2) pay or distribute the value as the personal representative would pay or distribute other assets of the deceased transferor's probate estate.

(b) If:

(1) the personal representative of a deceased transferor's probate estate declines or fails to commence a proceeding under this chapter after receiving written demand;

(2) the person making the written demand commences a timely and proper action under this chapter; and

(3) the person making the written demand recovers all or part of the value of the nonprobate transfer from the nonprobate transferees;

the person making the written demand may retain the recovered value without remitting it to the personal representative of the deceased transferor's probate estate.

(c) If one (1) or more claimants of the deceased transferor's estate intervenes in the separate proceeding, the court shall enter an order allocating the recovered value among the plaintiff and other claimants according to the priorities of their claims in the deceased transferor's estate, and allow the plaintiff to retain plaintiff's costs and reasonable attorney's fees from the recovered value.

(d) Any claimant that recovers assets under this section must file a satisfaction or partial satisfaction of the claimant's claim in the deceased transferor's probate estate to the extent of the recovered value within thirty (30) days after the recovery.

As added by P.L.163-2018, SEC.22.
Ind. Code § 32-33-20-14 — Indiana Code / Title 32 / Article 33 / Chapter 20 / Section 32-33-20-14
Notice by special tool builder; sale of a special tool
Status: in_force

Sec. 14. (a) Before a special tool builder may enforce its security interest in a special tool for which the special tool builder claims a security interest under this chapter and for which the required notice has been sent under section 12 of this chapter, the special tool builder must notify the customer, the end user, and all other persons that have a perfected security interest in the special tool by certified mail, return receipt requested, of all the following:

(1) The special tool builder's intention to sell the special tool sixty (60) days after the receipt of the notice.

(2) A description of the special tool to be sold.

(3) The last known location of the special tool.

(4) The time and place of the sale.

(5) An itemized statement of the amount due.

(6) A statement that the special tool was accepted and the acceptance was not subsequently rejected.

(b) If:

(1) there is no return of the receipt of the mailing; or

(2) the postal service returns the notice as being undeliverable;

the special tool builder shall publish notice of the special tool builder's intention to sell the special tool in a newspaper of general circulation in the place where the special tool was last known to be located, in the place of the customer's last known address, and in the place of the end user's last known address. The published notice must include a description of the special tool and the name of the customer and the end user.

(c) If a customer or an end user against whom the lien is asserted disagrees that the special tool was accepted or that the acceptance was not subsequently rejected, the customer or end user shall notify the special tool builder in writing by certified mail, return receipt requested, that the special tool was not accepted or that the acceptance was subsequently rejected. A special tool builder who receives notice under this subsection may not sell the special tool until the dispute is resolved.

As added by P.L.73-2009, SEC.4.
Ind. Code § 32-34-5-4 — Indiana Code / Title 32 / Article 34 / Chapter 5 / Section 32-34-5-4
"Museum" defined
Status: in_force

Sec. 4. As used in this chapter, "museum" means an institution located in Indiana that:

(1) is operated by a person primarily for education, scientific, historic preservation, or aesthetic purposes; and

(2) owns, borrows, cares for, exhibits, studies, archives, or catalogs property.

[Pre-2002 Recodification Citation: 32-9-10-4.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-25.5-3.5-1 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.5 / Section 32-25.5-3.5-1
Applicability
Status: in_force

Sec. 1. This chapter does not apply to a solar energy system that has been:

(1) approved by a homeowners association; or

(2) installed on the dwelling unit or property of a member of a homeowners association;

before March 14, 2022.

As added by P.L.73-2022, SEC.1.
Ind. Code § 32-25-8-16 — Indiana Code / Title 32 / Article 25 / Chapter 8 / Section 32-25-8-16
Removal of property
Status: in_force

Sec. 16. (a) All of the co-owners may remove a property from this article by a recorded removal instrument if the holders of all liens affecting any of the condominium units:

(1) consent in a recorded instrument to the removal; or

(2) agree in a recorded instrument that their liens be transferred to the percentage of the undivided interest of the condominium unit owner in the property as provided in this section.

(b) If it is determined under section 10 of this chapter that all of the buildings containing condominium units have been totally destroyed:

(1) the property is considered removed from this article; and

(2) an instrument reciting the removal under section 10 of this chapter shall be recorded and executed by the association of co-owners.

(c) At the time of recording under subsection (b)(2), the property is removed from this article.

(d) Upon removal of the property from this article, the property is considered to be owned in common by the condominium unit owners. 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.

(e) Under the circumstances described in subsection (a) or in subsections (b) through (d), 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:

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

(2) 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.

(f) A removal under this section does not bar the subsequent resubmission of the property to this article.

[Pre-2002 Recodification Citations: 32-1-6-28; 32-1-6-29.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-30-16-1 — Indiana Code / Title 32 / Article 30 / Chapter 16 / Section 32-30-16-1
Applicability; installation of communications infrastructure within existing electric easements; exemptions; property owner's exclusive remedy
Status: in_force

Sec. 1. (a) This chapter applies only to an electricity supplier (as defined in section 6 of this chapter).

(b) This chapter applies to an action by a property owner against an electricity supplier that:

(1) installs;

(2) permits the installation of; or

(3) intends to install;

communications infrastructure within an existing electric easement.

(c) This chapter does not apply to the following:

(1) A negotiation between an electricity supplier and a property owner for:

(A) a new electric easement; or

(B) the siting, installation, or attachment of any facilities or infrastructure other than communications infrastructure.

(2) An easement that by its terms expressly provides for the installation of communications infrastructure within the easement.

(3) Communications infrastructure that is within an electric easement and that is used only to support the transmission, transformation, or distribution of electricity to consumers.

(4) Any physical damage to property that occurs during the installation, maintenance, or servicing of communications infrastructure under this chapter.

(5) Property owned by a railroad company.

(6) The installation of new poles, towers, or other structures that are required for the exclusive support of communications infrastructure that is intended to provide communications service.

(7) The attachment or installation of communications infrastructure on underground or buried electric facilities within an electric easement.

(d) This chapter supersedes any conflicting statute or administrative rule, or any conflicting ordinance, rule, or other policy of a local unit.

(e) Except as otherwise provided by the terms of the easement or by the terms of any contractual or other agreement between an electricity supplier and a property owner, this chapter provides the exclusive remedy to a property owner with respect to the attachment or installation of communications infrastructure on above ground electric facilities within an electric easement, regardless of whether the attachment or installation occurs before, contemporaneously with, or after:

(1) the granting of the easement; or

(2) the attachment or installation of electric facilities or of other communications infrastructure within the easement;

without regard to the statutory or common law basis of the property owner's claim for damages or request for relief that would otherwise apply.

As added by P.L.236-2017, SEC.1.
Ind. Code § 32-23-10-4 — Indiana Code / Title 32 / Article 23 / Chapter 10 / Section 32-23-10-4
Statement of claim; filing; time
Status: in_force

Sec. 4. (a) The statement of claim under section 2 of this chapter must:

(1) be filed by the owner of the mineral interest before the end of the twenty (20) year period set forth in section 2 of this chapter; and

(2) contain:

(A) the name and address of the owner of the mineral interest; and

(B) a description of the land on or under which the mineral interest is located.

(b) A statement of claim described in subsection (a) must be filed in the office of the recorder of deeds in the county in which the land is located.

(c) Upon the filing of a statement of claim within the time provided in this section, the mineral interest is considered to be in use on the date the statement of claim is filed.

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

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-26-7-2 — Indiana Code / Title 32 / Article 26 / Chapter 7 / Section 32-26-7-2
Fees for recording marks
Status: in_force

Sec. 2. The county recorder shall charge a fee in accordance with IC 36-2-7-10 for the recording of each mark from the person adopting and having the mark recorded. The recorder may not record two (2) marks that exactly correspond.

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

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-21-16.5-4 — Indiana Code / Title 32 / Article 21 / Chapter 16.5 / Section 32-21-16.5-4
Solicitation for sale or purchase of residential, single-family home; required disclosure
Status: in_force

Sec. 4. (a) An unlicensed real estate solicitor may not solicit the sale or purchase of a residential, single-family home unless the solicitation includes the following disclosure:

"This solicitation is not from a licensed real estate professional.".

(b) The disclosure required under subsection (a) must meet the following requirements:

(1) The disclosure must be included in all solicitations made by or on behalf of an unlicensed real estate solicitor for the purpose of soliciting the sale or purchase of a residential, single-family home.

(2) If the solicitation is in writing, the disclosure must be legible and in plain sight.

(3) If the solicitation is made aurally, the disclosure must be made clearly and audibly, relative to the clarity and audibility of the audio of the solicitation.

(4) The disclosure must include the legal name of the unlicensed real estate solicitor and the legal name of the person that is expected to purchase the residential, single-family home if the expected purchaser is not the unlicensed real estate solicitor.

As added by P.L.47-2024, SEC.3.
Ind. Code § 32-39-2-12 — Indiana Code / Title 32 / Article 39 / Chapter 2 / Section 32-39-2-12
Duties and authority of fiduciary with respect to digital assets of decedent, protected person, principal, or settlor
Status: in_force

Sec. 12. (a) The legal duties imposed on a fiduciary charged with managing tangible property, including:

(1) the duty of care;

(2) the duty of loyalty; and

(3) the duty of confidentiality;

also apply to a fiduciary charged with managing digital assets.

(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:

(1) except as otherwise provided in section 1 of this chapter, is subject to the applicable terms of service;

(2) is subject to other applicable law, including copyright law;

(3) is limited by the scope of the fiduciary's duties; and

(4) may not be used to impersonate the user.

(c) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset:

(1) in which the decedent, protected person, principal, or settlor had a right or interest; and

(2) that is not held by a custodian or subject to a terms-of-service agreement.

(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including IC 24-4.8-2, IC 24-5-22, IC 35-43-1-7, IC 35-43-1-8, IC 35-43-2-3, and IC 35-45-13.

(e) A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:

(1) has the right to access the property and any digital asset stored in the property; and

(2) is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including IC 24-4.8-2, IC 24-5-22, IC 35-43-2-3, and IC 35-45-13.

(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.

(g) A fiduciary of a user may request that a custodian terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and must be accompanied by:

(1) if the user is deceased, a certified or authenticated copy of the death certificate of the user;

(2) a copy of:

(A) the letters (as defined in IC 29-1-1-3(a)(21)) of the personal representative or of the order of no supervision or order of unsupervised administration issued to the personal representative under IC 29-1-7.5;

(B) the court order;

(C) the power of attorney; or

(D) the trust;

giving the fiduciary authority over the account; and

(3) if requested by the custodian:

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

(B) evidence linking the account to the user; or

(C) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in clause (A).

As added by P.L.137-2016, SEC.14. Amended by P.L.163-2018, SEC.25; P.L.185-2021, SEC.57.
Ind. Code § 32-30-10.5-9 — Indiana Code / Title 32 / Article 30 / Chapter 10.5 / Section 32-30-10.5-9
Conditions for court's issuance of judgment of foreclosure; exceptions
Status: in_force

Sec. 9. (a) Except as provided in sections 8(e) and 10(g) of this chapter and subsection (b), and subject to section 8.5 of this chapter, after June 30, 2009, a court may not issue a judgment of foreclosure under IC 32-30-10 on a mortgage subject to this chapter unless all of the following apply:

(1) The creditor has given the notice required under section 8(c) of this chapter.

(2) One (1) of the following applies:

(A) The debtor does not contact the court within the thirty (30) day period described in section 8(c) of this chapter to schedule a settlement conference under this chapter.

(B) The debtor contacts the court within the thirty (30) day period described in section 8(c) of this chapter to schedule a settlement conference under this chapter and, upon conclusion of the settlement conference, the parties are unable to reach agreement on the terms of a foreclosure prevention agreement.

(C) In a foreclosure action filed after June 30, 2011, the debtor:

(i) contacts the court within the thirty (30) day period described in section 8(c) of this chapter to schedule a settlement conference under this chapter; and

(ii) does not provide to the creditor and the court at least one (1) of the documents required as part of the debtor's loss mitigation package, as specified by the authority in the listing developed under section 10(i) of this chapter and included with the court's notice under section 10(a)(8) of this chapter, within the time specified in the court's notice under section 10(a)(3)(A) of this chapter.

(3) At least sixty (60) days have elapsed since the date the notice required by section 8(a) of this chapter was sent.

(b) If the court finds that a settlement conference would be of limited value based on the result of a prior loss mitigation effort between the creditor and the debtor:

(1) a settlement conference is not required under this chapter; and

(2) the conditions set forth in subsection (a) do not apply, and the foreclosure action may proceed as otherwise allowed by law.

As added by P.L.105-2009, SEC.20. Amended by P.L.170-2011, SEC.11; P.L.102-2012, SEC.3.
Ind. Code § 32-28-6-1 — Indiana Code / Title 32 / Article 28 / Chapter 6 / Section 32-28-6-1
Failure to release lien; damages
Status: in_force

Sec. 1. (a) If:

(1) a person owns or has an interest in real estate to which a mechanic's lien has been attached;

(2) the debt secured by the lien has satisfied or paid; and

(3) the person who owns or has an interest in the encumbered real estate demands that the lien be released;

the lienholder shall release the lien within fifteen (15) days after the demand.

(b) If the lienholder does not release the lien within fifteen (15) days after the demand, the lienholder is liable to the person who owns or has an interest in the real estate to which the mechanic's lien has been attached for the greater of:

(1) actual damages; or

(2) liquidated damages in the sum of ten dollars ($10) per day from the fifteenth day until the release or expiration of the lien.

(c) A person who owns or who has an interest in real estate to which a mechanic's lien has been attached may, at any time thirteen (13) months after the date of the filing of the notice of the lien, file in the office of the recorder of the county in which the real estate is situated an affidavit stating that no suit for the foreclosure of the lien is pending and that no unsatisfied judgment has been rendered on the lien.

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

As added by P.L.2-2002, SEC.13.