Ind. Code § 32-18-1-13 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-13
Lien or encumbrance on property sold
Status: in_force

Sec. 13. (a) A part of the property assigned on which there are liens or encumbrances may be sold by the trustee subject to the liens or encumbrances.

(b) However, if the trustee is satisfied that the general fund would be materially increased by the payment of the liens or encumbrances, the trustee shall make application, by petition, to the judge of the circuit court, superior court, or probate court for an order to pay the liens and encumbrances before selling the property. Before the holder of any lien or encumbrance is entitled to receive any part of the holder's debt from the general fund, the holder shall proceed to enforce the payment of the debt by sale, or otherwise, of the property on which the lien or encumbrance exists. For the residue of the claim, the holder of the lien or encumbrance shall share pro rata with the other creditors, if entitled to do so under Indiana law.

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

As added by P.L.2-2002, SEC.3. Amended by P.L.84-2016, SEC.139.
Ind. Code § 32-23-7-3 — Indiana Code / Title 32 / Article 23 / Chapter 7 / Section 32-23-7-3
"Operations for oil and gas"
Status: in_force

Sec. 3. As used in this chapter, "operations for oil and gas", unless otherwise indicated by the context of this chapter, means:

(1) the:

(A) exploration;

(B) testing;

(C) surveying; or

(D) other investigation;

of the potential of the land for oil and gas;

(2) the actual drilling or preparations for drilling of wells for oil and gas on the land; or

(3) any other actions directed toward the eventual production or attempted production of oil and gas from the land.

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

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-21-2-4 — Indiana Code / Title 32 / Article 21 / Chapter 2 / Section 32-21-2-4
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-1-2-19.]

As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.36.
Ind. Code § 32-28-14-2 — Indiana Code / Title 32 / Article 28 / Chapter 14 / Section 32-28-14-2
"Homeowners association"
Status: in_force

Sec. 2. As used in this chapter, "homeowners association" means all the owners of real estate in a subdivision acting as an entity in accordance with any:

(1) bylaws;

(2) covenants; or

(3) other written instruments;

of the homeowners association.

As added by P.L.135-2007, SEC.3.
Ind. Code § 32-30-8-13 — Indiana Code / Title 32 / Article 30 / Chapter 8 / Section 32-30-8-13
Plan for correction
Status: in_force

Sec. 13. In an action under this chapter, the court may order the owner of the property to submit for court approval a plan for correction to ensure, to the extent reasonably possible, that the property will not again be used for a nuisance if the owner:

(1) is a party to the action; and

(2) knew of the existence of the nuisance.

[Pre-2002 Recodification Citation: 34-19-3-13.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-31-3-11 — Indiana Code / Title 32 / Article 31 / Chapter 3 / Section 32-31-3-11
Jurisdiction of courts
Status: in_force

Sec. 11. (a) The following courts have original and concurrent jurisdiction in cases arising under this chapter:

(1) A circuit court.

(2) A superior court.

(3) A municipal court.

(4) A small claims court.

(b) A case arising under this chapter may be filed on the small claims docket of a court that has jurisdiction.

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

As added by P.L.2-2002, SEC.16. Amended by P.L.201-2011, SEC.13.
Ind. Code § 32-25-3-1 — Indiana Code / Title 32 / Article 25 / Chapter 3 / Section 32-25-3-1
Classification of property
Status: in_force

Sec. 1. A condominium unit and the unit's undivided interest in the common areas and facilities constitute real property.

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

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-23-12-1 — Indiana Code / Title 32 / Article 23 / Chapter 12 / Section 32-23-12-1
Exemptions from chapter
Status: in_force

Sec. 1. This chapter does not do the following:

(1) Provide an exclusive basis by which a joint owner in coal or a lessee of the coal owner may enjoy their estate in the coal land.

(2) Diminish the rights of a joint owner of coal or a lessee of the coal owner under common law.

(3) Diminish the appurtenant rights of a coal owner.

(4) Prohibit a joint owner from filing a petition for partition under IC 32-17-4, provided that the petition for partition is filed in accordance with and subject to IC 32-23-12-9(d).

(5) Prohibit any entity with eminent domain powers from acquiring all or a portion of the coal land by exercise of eminent domain powers.

As added by P.L.94-2009, SEC.1.
Ind. Code § 32-26-6-2 — Indiana Code / Title 32 / Article 26 / Chapter 6 / Section 32-26-6-2
Reports of viewers; order to erect or construct fence
Status: in_force

Sec. 2. (a) After having performed the duties required under section 1 of this chapter, the viewers shall, as soon as practicable, submit a report in writing to the board of county commissioners of the viewers' actions and a tabular statement of the viewers' assessment. The report submitted under this section is sufficient authority for the board of county commissioners to issue an order for the erection or construction of the fence and gates if there is no remonstrance against the erection of the fence and gates.

(b) If a remonstrance is made under subsection (a), the board of county commissioners may order or refuse to order the erection of the fence or gate, in the board's discretion.

(c) If the order under subsection (a) is not made because of a mistake or error committed by the viewers, other viewers may be appointed to perform the same service and submit a report.

[Pre-2002 Recodification Citation: 32-10-6-2.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-33-14-1 — Indiana Code / Title 32 / Article 33 / Chapter 14 / Section 32-33-14-1
Property and services subject to lien
Status: in_force

Sec. 1. (a) All persons, firms, limited liability companies, and corporations engaged in the business of storing, warehousing, and forwarding goods, wares, and merchandise have a lien upon all goods, wares, and merchandise left with them for storage, warehousing, or forwarding, to the extent of the:

(1) value of the services of storage, warehousing, or forwarding;

(2) fair and reasonable charges for transporting the goods, wares, and merchandise to the place of storage, warehousing, or forwarding; and

(3) fair and reasonable charges for packing, crating, and otherwise placing the goods, wares, and merchandise in condition to be stored, warehoused, or forwarded.

(b) However, the goods subject to a lien under this section must remain in the possession of the person, firm, limited liability company, or corporation engaged in the business.

[Pre-2002 Recodification Citation: 32-8-35-1.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-31-3-12 — Indiana Code / Title 32 / Article 31 / Chapter 3 / Section 32-31-3-12
Return of deposits; deductions; liability
Status: in_force

Sec. 12. (a) Upon termination of a rental agreement, a landlord shall return to the tenant the security deposit minus any amount applied to:

(1) the payment of accrued rent;

(2) the amount of damages that the landlord has suffered or will reasonably suffer by reason of the tenant's noncompliance with law or the rental agreement; and

(3) unpaid utility or sewer charges that the tenant is obligated to pay under the rental agreement;

all as itemized by the landlord with the amount due in a written notice that is delivered to the tenant not more than forty-five (45) days after termination of the rental agreement and delivery of possession. The landlord is not liable under this chapter until the tenant supplies the landlord in writing with a mailing address to which to deliver the notice and amount prescribed by this subsection. Unless otherwise agreed, a tenant is not entitled to apply a security deposit to rent.

(b) If a landlord fails to comply with subsection (a), a tenant may recover all of the security deposit due the tenant and reasonable attorney's fees.

(c) This section does not preclude the landlord or tenant from recovering other damages to which either is entitled.

(d) The owner of the dwelling unit at the time of the termination of the rental agreement is bound by this section.

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

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-17-2-5 — Indiana Code / Title 32 / Article 17 / Chapter 2 / Section 32-17-2-5
Conveyance by tenant for life or years
Status: in_force

Sec. 5. A conveyance made by a tenant for life or years that purports to grant or convey a greater estate than the tenant possesses or can lawfully convey:

(1) does not result in a forfeiture of the tenants's estate; and

(2) passes to the grantee or alienee all the estate that the tenant may lawfully convey.

[Pre-2002 Recodification Citation: 32-1-2-36.]

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-26-7-1 — Indiana Code / Title 32 / Article 26 / Chapter 7 / Section 32-26-7-1
Rails and plank fencing; record of marks
Status: in_force

Sec. 1. If petitioned by at least twenty (20) property owners in the county, the board of county commissioners shall furnish a blank book to the recorder of the county, paid for out of the county fund, in which the county recorder shall keep a record of marks of rails and plank fencing that are adopted by the property owners of the county.

[Pre-2002 Recodification Citation: 32-10-7-1.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-31-1-1 — Indiana Code / Title 32 / Article 31 / Chapter 1 / Section 32-31-1-1
Determination of estates at will
Status: in_force

Sec. 1. (a) A tenancy at will may be determined by a one (1) month notice in writing, delivered to the tenant.

(b) A tenancy at will cannot arise or be created without an express contract.

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

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-38-2-2 — Indiana Code / Title 32 / Article 38 / Chapter 2 / Section 32-38-2-2
"Commitment"
Status: in_force

Sec. 2. "Commitment" means a commitment for title insurance.

As added by P.L.95-2007, SEC.19.
Ind. Code § 32-34-1.5-77 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-77
Personal information
Status: in_force

Sec. 77. (a) As used in this section and sections 78, 79, 80, 81, 82, 83, and 84 of this chapter, "personal information" means:

(1) information that identifies or reasonably can be used to identify an individual, such as first and last name in combination with the individual's:

(A) Social Security number or other government issued number or identifier;

(B) date of birth;

(C) home or physical address;

(D) electronic mail address or other online contact information or Internet provider address;

(E) financial account number or credit or debit card number;

(F) biometric data, health or medical data, or insurance information; or

(G) passwords or other credentials that permit access to an online or other account;

(2) personally identifiable financial or insurance information, including nonpublic personal information defined by applicable federal law; and

(3) any combination of data that, if accessed, disclosed, modified, or destroyed without authorization of the owner of the data or if lost or misused, would require notice or reporting under IC 4-1-11 and federal privacy and data security law, whether or not the attorney general or the attorney general's agent is subject to the law.

(b) A provision of this section and sections 78, 79, 80, 81, 82, 83, and 84 of this chapter that applies to the attorney general or the attorney general's records also applies to the attorney general's agent.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-29-1-2.5 — Indiana Code / Title 32 / Article 29 / Chapter 1 / Section 32-29-1-2.5
Hazard insurance
Status: in_force

Sec. 2.5. A mortgagee or a mortgagee's assignee or representative may not require a mortgagor, as a condition of receiving or maintaining a mortgage, to obtain hazard insurance coverage against risks to improvements on the mortgaged property in an amount exceeding the replacement value of the improvements.

As added by P.L.73-2004, SEC.45.
Ind. Code § 32-21-5-8.5 — Indiana Code / Title 32 / Article 21 / Chapter 5 / Section 32-21-5-8.5
Disclosures relating to property covered by governing documents of homeowners association
Status: in_force

Sec. 8.5. (a) This section applies to all transfers of title to property after June 30, 2015.

(b) The definitions in IC 32-25.5-2 apply in this section.

(c) As used in this section, "property" refers to real property covered by the governing documents of a homeowners association.

(d) As used in this section, "purchaser" refers to a person who purchases property.

(e) The following must be provided by the seller to a purchaser not later than ten (10) days before the sale of the property closes:

(1) A disclosure that the property is in a community governed by a homeowners association.

(2) A copy of the recorded governing documents.

(3) A statement indicating whether there are assessments and the amount of any assessments.

(4) The following information about a board member, homeowners association agent, or other person who has a contract with the homeowners association to provide any management services for the homeowners association:

(A) The name.

(B) The business or home address.

(f) In the case of a resale or refinance of property subject to this section, a homeowners association or agent of a homeowners association providing a statement of unpaid assessments or other charges of the homeowners association relating to the property may not charge more than fifty dollars ($50) for the statement.

(g) The failure to provide any of the documents listed in subsection (e) does not limit or prevent enforcement of the governing documents by the homeowners association.

As added by P.L.141-2015, SEC.1. Amended by P.L.53-2026, SEC.1; P.L.155-2026, SEC.1.
Ind. Code § 32-17.5-7-2 — Indiana Code / Title 32 / Article 17.5 / Chapter 7 / Section 32-17.5-7-2
Interest created by intestate succession or will
Status: in_force

Sec. 2. A disclaimer of an interest created under the law of intestate succession or an interest created by will, other than an interest in a testamentary trust, must be:

(1) delivered to the personal representative of the decedent's estate; or

(2) filed with a court having jurisdiction to appoint the personal representative if no personal representative is then serving.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-23-13-6 — Indiana Code / Title 32 / Article 23 / Chapter 13 / Section 32-23-13-6
Action; requirements; guardian ad litem
Status: in_force

Sec. 6. (a) An adjacent mineral producer that brings an action under this chapter must do the following:

(1) Name the following as respondents:

(A) The last owners of record in the chain of title and all reasonably ascertainable heirs, devisees, successors, and assigns of the last owners of record.

(B) If record title to the mineral interest of an unknown or missing owner has been severed of record from ownership of the overlying surface land, the record owner of the overlying surface land. Any person named in this subdivision must be sent notice of the action by certified mail.

(2) File a verified petition with the court that sets forth the following:

(A) A statement that specifies the mineral that the petitioner seeks to develop in the subject land.

(B) The petitioner's request that a trustee be appointed to execute a lease granting the petitioner the right to produce and develop from the subject mineral interest of the unknown or missing owner a mineral of the type produced by the adjacent mineral producer.

(C) The legal description of the mineral interest of the unknown or missing owner.

(D) The interest of the petitioner in the land adjacent to, adjoining the subject land, or within the production unit established by the division of reclamation.

(E) The apparent interest of each respondent in the applicable mineral sought to be produced and developed within the subject land.

(F) A verified statement that informs the court of the actions the petitioner has taken to identify and locate the unknown or missing owner or the owner's heirs, devisees, successors, and assigns.

(b) The Indiana Rules of Trial Procedure govern an action under this chapter to make an unknown or missing person a respondent. Legal service on a respondent who is unknown or missing may be made by publication.

(c) The court shall appoint a guardian ad litem for any respondent to the proceeding who is:

(1) a ward of the state or a ward to another person; or

(2) less than eighteen (18) years of age and is not represented by a parent.

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

As added by P.L.28-2015, SEC.1. Amended by P.L.127-2022, SEC.33.
Ind. Code § 32-18-2-1 — Indiana Code / Title 32 / Article 18 / Chapter 2 / Section 32-18-2-1
Applicability of chapter
Status: in_force

Sec. 1. (a) This chapter applies to all transfers made and obligations incurred after June 30, 1994.

(b) This chapter does not apply to a transfer made or an obligation incurred before July 1, 1994.

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

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-33-15-1 — Indiana Code / Title 32 / Article 33 / Chapter 15 / Section 32-33-15-1
Amount of lien
Status: in_force

Sec. 1. A person who engages in the business of altering or repairing electronic home entertainment equipment has a lien on that equipment to the extent of the reasonable value of labor performed and materials used for which the person has not been paid.

[Pre-2002 Recodification Citation: 32-8-36-1.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-21-2.5-6 — Indiana Code / Title 32 / Article 21 / Chapter 2.5 / Section 32-21-2.5-6
"State"
Status: in_force

Sec. 6. As used in this chapter, "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.

As added by P.L.127-2017, SEC.8.
Ind. Code § 32-29-1-8 — Indiana Code / Title 32 / Article 29 / Chapter 1 / Section 32-29-1-8
Assignment of mortgage
Status: in_force

Sec. 8. (a) Any mortgage of record or any part of the mortgage may be assigned by the mortgagee or any assignee of the mortgage, either by an assignment entered on the margin of the record, signed by the person making the assignment and attested by the recorder, or by a separate instrument executed and acknowledged before any person authorized to take acknowledgments, and recorded in the mortgage records of the county. The county recorder shall cross-reference the assignment to the mortgage book and the:

(1) page location;

(2) instrument number; or

(3) both subdivisions (1) and (2);

as set forth in the assignment.

(b) The signature of a person on an assignment under subsection (a) may be a facsimile. The facsimile on the assignment is equivalent to and constitutes the written signature of the person for all requirements regarding mortgage assignments.

(c) Notwithstanding subsection (a), marginal assignments may be accepted at the discretion of the recorder. Except in a county that accepts marginal assignments of mortgage, an assignment of mortgage must be recorded on a separate written instrument from the mortgage. If a recorder accepts marginal assignments of mortgage, an instrument presented for recording in that county may not contain more than one (1) assignment. If a recorder allows an instrument to contain more than one (1) assignment, the fee for recording that instrument is provided in IC 36-2-7-10(c)(4).

(d) After entry is made of record, the mortgagor and all other persons are bound by the record, and the entry is a public record. Any assignee may enter satisfaction or release of the mortgage, or the part of the mortgage held by the assignee of record.

[Pre-2002 Recodification Citation: 32-8-11-7.]

As added by P.L.2-2002, SEC.14. Amended by P.L.127-2017, SEC.12.
Ind. Code § 32-25-2-20 — Indiana Code / Title 32 / Article 25 / Chapter 2 / Section 32-25-2-20
"Unit number"
Status: in_force

Sec. 20. "Unit number" means the:

(1) number;

(2) letter; or

(3) combination of numbers and letters;

designating the condominium unit in the declaration.

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

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-34-6-5 — Indiana Code / Title 32 / Article 34 / Chapter 6 / Section 32-34-6-5
Transfer of rights of customer to fabricator after three years
Status: reserved

Sec. 5. If a customer does not take possession of the customer's die, mold, form, jig, or pattern from a fabricator within three (3) years after the last prior use of the die, mold, form, jig, or pattern, the customer's rights, title, and interest in the customer's die, mold, form, jig, or pattern are transferred to the fabricator pursuant to the procedures of this chapter for purposes of destruction of the die, mold, form, jig, or pattern.

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

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-30-6-7 — Indiana Code / Title 32 / Article 30 / Chapter 6 / Section 32-30-6-7
Nuisance actions; plaintiffs; attorney's fees in certain actions
Status: in_force

Sec. 7. (a) An action to abate or enjoin a nuisance may be brought by any person whose:

(1) property is injuriously affected; or

(2) personal enjoyment is lessened;

by the nuisance.

(b) A civil action to abate or enjoin a nuisance may also be brought by:

(1) an attorney representing the county in which a nuisance exists; or

(2) the attorney of any city or town in which a nuisance exists.

(c) A county, city, or town that brings a successful action under this section to abate or enjoin a nuisance is entitled to recover reasonable attorney's fees incurred in bringing the action.

(d) A person that successfully defends an action under this section is entitled to reasonable costs and attorney's fees incurred in defending the action.

[Pre-2002 Recodification Citation: 34-19-1-2.]

As added by P.L.2-2002, SEC.15. Amended by P.L.82-2005, SEC.4; P.L.193-2014, SEC.1.
Ind. Code § 32-34-1.5-7 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-7
Presumption of abandonment for property held in an account established for minors
Status: in_force

Sec. 7. (a) Subject to section 11 of this chapter, property held in an account established under a state's Uniform Gifts to Minors Act or Uniform Transfers to Minors Act is presumed abandoned if it is unclaimed by or on behalf of the minor on whose behalf the account was opened three (3) years after the later of the following:

(1) Except as provided in subdivision (2), the date a second consecutive communication sent by the holder by first class United States mail to the custodian of the minor on whose behalf the account was opened is returned undelivered to the holder by the United States Postal Service.

(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 on which the custodian is required to transfer the property to the minor or the minor's estate in accordance with the Uniform Gifts to Minors Act or Uniform Transfers to Minors Act of the state in which the account was opened.

(b) If the holder does not send communications to the custodian of the minor on whose behalf an account described in subsection (a) was opened by first class United States mail, the holder shall attempt to confirm the custodian's interest in the property by sending the custodian an electronic mail communication not later than two (2) years after the custodian's last indication of interest in the property. However, the holder shall attempt to contact the custodian by first class United States mail within sixty (60) days if any of the following applies:

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

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

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

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

(1) The date a second consecutive communication to contact the custodian by first class United States mail is returned to the holder undelivered by the United States Postal Service.

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

(d) When the property in the account described in subsection (a) is transferred to the minor on whose behalf an account was opened or to the minor's estate, the property in the account is no longer subject to this section.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-33-3-1 — Indiana Code / Title 32 / Article 33 / Chapter 3 / Section 32-33-3-1
Persons subject to lien; sale to pay charges
Status: in_force

Sec. 1. (a) A person doing any cleaning, glazing, washing, alteration, repair, or furnishing any materials or supplies for or upon any garment, clothing, wearing apparel, or household goods has a lien on the item for the reasonable value of the unpaid work, labor or material, and supplies used. The lien may be foreclosed in the manner provided by this chapter if at the time of receiving the clothing, garment, wearing apparel, or household goods a written receipt is given to the person or customer leaving the item.

(b) Any garment, clothing, wearing apparel, or household goods remaining in the possession of a person, firm, partnership, limited liability company, or corporation:

(1) on which cleaning, pressing, glazing, or washing has been done; or

(2) upon which alterations or repairs have been made, or on which materials or supplies have been used or furnished;

for a period of at least ninety (90) days after the cleaning, pressing, glazing, or washing has been done, the alterations or repairs have been made, or the materials or supplies have been used or furnished may be sold to pay the reasonable or agreed charges and the costs of notifying the owner or owners. However, the person, firm, partnership, limited liability company, or corporation to whom the charges are payable and owing must first notify the owner or owners of the time and place of the sale.

(c) Property that is to be placed in storage after any of the services or labors referred to in subsection (a) or (b) is not affected by this section.

[Pre-2002 Recodification Citation: 32-8-23-1.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-23-13-10 — Indiana Code / Title 32 / Article 23 / Chapter 13 / Section 32-23-13-10
Lease payments; distribution of funds
Status: in_force

Sec. 10. (a) Any payment that is owed by the adjacent mineral producer petitioner under a mineral lease executed with the trustee shall be paid by the petitioner to the clerk of the court.

(b) A person that wishes to claim the funds described in subsection (a) must file a verified claim with the court setting out the interest of the claimant and the basis for the claim. A notice of the filing of the claim shall be served on the adjacent mineral producer or the producer's successors or assigns and any record owner of the overlying surface land. The court shall determine any other persons who shall receive notice of the filing of the claim.

(c) The court:

(1) shall hear evidence and determine whether the claimant is entitled to the funds and issue an order to the clerk accordingly; and

(2) may determine whether future payments should be made by the petitioner directly to the claimant.

(d) If a successful claim is not made under this section for the funds within seven (7) years from the clerk's first receipt of any funds, the clerk shall distribute all the funds received and petitioner shall make any future payments as follows:

(1) If:

(A) record title to the mineral interest has been severed of record from ownership of the overlying surface land; and

(B) the identity and location of the record owner of the overlying surface land has been determined;

the clerk shall distribute the funds and the petitioner shall make any future payments to the record owner of the overlying surface land.

(2) If:

(A) record title to the mineral interest has been severed of record from ownership of the overlying surface land; and

(B) the identity and location of the record owner of the overlying surface land has not been determined;

the clerk shall distribute the funds and the petitioner shall make any future payments to the township trustee of the township in which the subject land is located. If the land is located in more than one (1) township, the distribution of funds shall be made to the township trustees based on the amount of land located in each township. The funds shall be used by the township trustee for township purposes, including, but not limited to, cemetery maintenance.

(3) If:

(A) record title to the mineral estate has not been severed of record from ownership of the overlying surface land; and

(B) the identity and location of the record owner of the overlying surface land has not been determined;

the clerk shall distribute the funds and the petitioner shall make any future payments to the township trustee of the township in which the subject land is located. If the land is located in more than one (1) township, the distribution of funds shall be made to the township trustees based on the amount of land located in each township. The funds shall be used by the township trustees for township purposes, including, but not limited to, cemetery maintenance.

(e) Thirty (30) days before the record owner of the overlying surface land may file a petition under subsection (a), the clerk of the court shall notify the record owner of the overlying surface land by certified mail that the owner may be entitled to file a petition for the funds.

As added by P.L.28-2015, SEC.1.
Ind. Code § 32-34-10-5 — Indiana Code / Title 32 / Article 34 / Chapter 10 / Section 32-34-10-5
Affidavit of sale
Status: in_force

Sec. 5. Upon payment of the bid price by the purchaser, the marina operator shall provide the purchaser with the affidavit of sale described in this chapter.

[Pre-2002 Recodification Citation: 32-8-40-5.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-34-1.5-57 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-57
Estimating value of property
Status: in_force

Sec. 57. If a person subject to examination under section 53 of this chapter does not retain the records required by section 21 of this chapter, the attorney general may determine the value of property due using a reasonable method of estimation based on all information available to the attorney general, including extrapolation and use of statistical sampling when appropriate and necessary, consistent with examination procedures and standards under section 54 of this chapter.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-21-12-1 — Indiana Code / Title 32 / Article 21 / Chapter 12 / Section 32-21-12-1
"Industrialized residential structure"
Status: in_force

Sec. 1. As used in this chapter, "industrialized residential structure" means a structure that is:

(1) an industrialized building system (as defined in IC 22-12-1-14) certified under IC 22-15-4-1;

(2) a Class 2 structure (as defined in IC 22-12-1-5(a)(1));

(3) intended for placement on a permanent foundation; and

(4) constructed in conformance with the applicable edition of the Indiana Residential Code (675 IAC 14).

As added by P.L.139-2007, SEC.2.
Ind. Code § 32-33-20-8 — Indiana Code / Title 32 / Article 33 / Chapter 20 / Section 32-33-20-8
Sale of special tool at public auction
Status: in_force

Sec. 8. If an end user has not been paid the amount due within ninety (90) days after the date the notice is received by the customer as provided in section 7 of this chapter, the end user may sell the special tool at a public auction if:

(1) the special tool is still in the end user's possession; and

(2) the end user complies with section 9 of this chapter.

As added by P.L.73-2009, SEC.4.
Ind. Code § 32-25-4-3 — Indiana Code / Title 32 / Article 25 / Chapter 4 / Section 32-25-4-3
Common areas and facilities; undivided interest; repairs
Status: in_force

Sec. 3. (a) Each condominium unit owner is entitled to an undivided interest in the common areas and facilities as designated in the declaration. Except as provided in subsection (b), the undivided interest must be expressed as a percentage interest based on:

(1) the size of the unit in relation to the size of all units in the condominium;

(2) the value of each condominium unit in relation to the value of all condominium units in the condominium; or

(3) the assignment of an equal percentage undivided interest to each condominium unit.

An undivided interest allocated to each condominium unit in accordance with this subsection must be indicated in a schedule of undivided interests in the declaration. However, if the declaration does not specify the method of allocating the percentage undivided interests, an equal percentage undivided interest applies to each condominium unit. The total undivided interests allocated in accordance with subdivision (1) or (2) must equal one hundred percent (100%).

(b) With respect to an expandable condominium, the declaration may allocate undivided interests in the common area on the basis of value if:

(1) the declaration prohibits the creation of any condominium units not substantially identical to the condominium units depicted on the recorded plans of the declaration; or

(2) the declaration:

(A) prohibits the creation of any condominium units not described in the initial declaration; and

(B) contains a statement on the value to be assigned to each condominium unit created after the date of the declaration.

(c) Interests in the common areas may not be allocated to any condominium units to be created within any additional land until the plats and plans and supplemental declaration depicting the condominium units to be created are recorded. Simultaneously with the recording of the plats and plans for the condominium units to be created, the declarant must execute and record an amendment to the initial declaration reallocating undivided interests in the common areas so that the future condominium units depicted on the plats and plans will be allocated undivided interests in the common areas on the same basis as the condominium units depicted in the prior recorded plats and plans.

(d) Except as provided in section 3.5 of this chapter and in IC 32-25-8-3, the undivided interest of the owner of the condominium unit in the common areas and facilities, as expressed in the declaration, is permanent and may not be altered without the consent of the co-owners. A consent to alteration must be stated in an amended declaration, and the amended declaration must be recorded. The undivided interest may not be transferred, encumbered, disposed of, or separated from the condominium unit to which it appertains, and any purported transfer, encumbrance, or other disposition is void. The undivided interest is considered to be conveyed or encumbered with the condominium unit to which it appertains even though the undivided interest is not expressly mentioned or described in the conveyance or other instrument.

(e) The common areas and facilities shall remain undivided. A condominium unit owner or any other person may bring an action for partition or division of any part of the common areas and facilities if the property has been removed from this chapter as provided in IC 32-25-8-12 and IC 32-25-8-16. Any covenant to the contrary is void.

(f) Each condominium unit owner:

(1) may use the common areas and facilities in accordance with the purpose for which the common areas and facilities were intended; and

(2) may not, in the owner's use of the common areas and facilities, hinder or encroach upon the lawful rights of the other co-owners.

(g) The:

(1) necessary work of:

(A) maintenance;

(B) repair; and

(C) replacement;

of the common areas and facilities; and

(2) making of any additions or improvements to the common areas and facilities;

may be carried out only as provided in this chapter and in the bylaws.

(h) The association of condominium unit owners has the irrevocable right, to be exercised by the manager or board of directors, to have access to each condominium unit from time to time during reasonable hours as is necessary for:

(1) the maintenance, repair, or replacement of any of the common areas and facilities:

(A) in the condominium unit; or

(B) accessible from the condominium unit; or

(2) making emergency repairs in the condominium unit necessary to prevent damage to:

(A) the common areas and facilities; or

(B) another condominium unit.

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

As added by P.L.2-2002, SEC.10. Amended by P.L.1-2003, SEC.84; P.L.181-2007, SEC.1.
Ind. Code § 32-32-2-3 — Indiana Code / Title 32 / Article 32 / Chapter 2 / Section 32-32-2-3
"Camping club member" defined
Status: in_force

Sec. 3. "Camping club member" means any person, other than the developer or lender, who purchases a camping club membership.

[Pre-2002 Recodification Citation: 24-5-9-2.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-17.5-6-2 — Indiana Code / Title 32 / Article 17.5 / Chapter 6 / Section 32-17.5-6-2
Disclaiming power of appointment
Status: in_force

Sec. 2. If the holder of a power of appointment or other power not held in a fiduciary capacity disclaims the power, the following rules apply:

(1) If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable.

(2) If the holder has exercised the power and the disclaimer is of a power other than a presently exercisable general power of appointment, the disclaimer takes effect immediately after the last exercise of the power.

(3) The instrument creating the power is construed as if the power expired when the disclaimer became effective.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-18-3-2 — Indiana Code / Title 32 / Article 18 / Chapter 3 / Section 32-18-3-2
Resale of property; liability for amount above bid at previous sale
Status: in_force

Sec. 2. If on resale of the real estate, or any part of the real estate, the real estate sells for ten percent (10%) more than the amount bid at the previous sale, the court may not confirm the sale but order the real estate resold. If on resale the additional sum is not realized, the person posting the bond is liable for the difference. It is the duty of the receiver, assignee, or trustee to institute and prosecute the suit, which is for the use and benefit of the trust.

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

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-21-5.2-4 — Indiana Code / Title 32 / Article 21 / Chapter 5.2 / Section 32-21-5.2-4
"Political subdivision"
Status: in_force

Sec. 4. As used in this chapter, "political subdivision" means any of the following:

(1) A county.

(2) A city, town, township, or special taxing district.

(3) A regional water, sewage, or solid waste district organized under:

(A) IC 13-26; or

(B) IC 13-3-2 (before its repeal).

(4) A drainage board established by IC 36-9-27-4.

(5) A local public improvement bond bank established under IC 5-1.4.

(6) A not-for-profit public water utility described in IC 8-1-2-125(a).

(7) A conservancy district established under IC 14-33.

(8) A county onsite waste management district established under IC 36-11.

(9) A drainage district established under IC 14-27-8.

As added by P.L.157-2024, SEC.5.
Ind. Code § 32-34-8-13 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-13
Reward of finder; right to jury determination
Status: in_force

Sec. 13. (a) The finder of an article described in section 1 of this chapter is allowed a reasonable sum, as determined by a court with jurisdiction where the property was initially found.

(b) Either the claimant or the finder may have a jury determine what amount is just and reasonable for finding and taking care of the property.

[Pre-2002 Recodification Citation: 32-9-3-13.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-33-7-6 — Indiana Code / Title 32 / Article 33 / Chapter 7 / Section 32-33-7-6
In transit loss or damage to property of guests
Status: in_force

Sec. 6. In case of loss of or damage to any property while in transit to or from any hotel, apartment hotel, or inn on behalf of a guest, the liability of the proprietor is limited to two hundred dollars ($200), whether the loss or damage is occasioned by the negligence of the proprietor or the proprietor's agents or otherwise, unless:

(1) the guest has given prior written notice of the value of the property; and

(2) the receipt of the notice has been acknowledged in writing by the proprietor, manager, or other agent.

However, the liability of the hotel, apartment hotel, or inn may not exceed four hundred dollars ($400), unless the proprietor has contracted in writing to assume a greater liability.

[Pre-2002 Recodification Citation: 32-8-28-5.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-23-8-2 — Indiana Code / Title 32 / Article 23 / Chapter 8 / Section 32-23-8-2
Certification of invalidity of lease; recording
Status: in_force

Sec. 2. (a) The recorder of the county in which real estate described in section 1 of this chapter is situated shall certify upon the face of the record of the oil and gas lease that:

(1) the leases and contracts are invalid and void by reason of nonpayment of rentals; and

(2) the oil and gas lease is canceled of record.

(b) The request and affidavit shall be recorded in the miscellaneous records of the recorder's office.

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

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-34-9-9 — Indiana Code / Title 32 / Article 34 / Chapter 9 / Section 32-34-9-9
Impressing brand on timber
Status: in_force

Sec. 9. A person who owns a brand shall cause the brand to be plainly stamped, branded, or otherwise impressed upon each piece of timber upon which the brand is placed.

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

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-17-11-7 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-7
"Party" defined
Status: in_force

Sec. 7. (a) As used in this chapter, "party" means a person who, by the terms of the account, has a present right, subject to request, to payment from a multiple party account. A beneficiary of a trust account is a party only after the account becomes payable to the payee or beneficiary by reason of the payee's or beneficiary's surviving the original payee or trustee.

(b) Unless the context otherwise requires, the term includes a guardian, conservator, personal representative, or assignee, including an attaching creditor, of a party. The term also includes a person identified as a trustee of an account for another whether or not a beneficiary is named.

(c) The term does not include:

(1) any named beneficiary unless the beneficiary has a present right of withdrawal; or

(2) a person who is merely authorized to make a request as the agent of another.

[Pre-2002 Recodification Citation: 32-4-1.5-1(7).]

As added by P.L.2-2002, SEC.2. Amended by P.L.143-2009, SEC.34.
Ind. Code § 32-23-11-9 — Indiana Code / Title 32 / Article 23 / Chapter 11 / Section 32-23-11-9
Size of interest conveyed
Status: in_force

Sec. 9. If a railroad conveys its interest in a right-of-way, the railroad conveys not more than the interest it holds at the time of the conveyance.

[Pre-2002 Recodification Citation: 32-5-12-9.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-36-1-17 — Indiana Code / Title 32 / Article 36 / Chapter 1 / Section 32-36-1-17
Exercise and enforcement of rights and remedies
Status: in_force

Sec. 17. (a) The written consent required by section 8 of this chapter and the rights and remedies set forth in this chapter may be exercised and enforced by:

(1) a personality; or

(2) a person to whom the recognized rights of a personality have been transferred under section 16 of this chapter.

(b) If a transfer of a personality's recognized rights has not occurred under section 16 of this chapter, a person to whom the personality's recognized rights are transferred under section 18 of this chapter may exercise and enforce the rights under this chapter and seek the remedies provided in this chapter.

[Pre-2002 Recodification Citation: 32-13-1-17.]

As added by P.L.2-2002, SEC.21.
Ind. Code § 32-17-4-12 — Indiana Code / Title 32 / Article 17 / Chapter 4 / Section 32-17-4-12
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-4-5-13.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.13.
Ind. Code § 32-17-3-2 — Indiana Code / Title 32 / Article 17 / Chapter 3 / Section 32-17-3-2
Divorce
Status: in_force

Sec. 2. If a husband and wife are divorced while a contract described in section 1(a) of this chapter is in effect, the husband and wife own the interest in the contract and the equity created by the contract in equal shares.

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

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-21-10-1 — Indiana Code / Title 32 / Article 21 / Chapter 10 / Section 32-21-10-1
"Person" or "persons" defined
Status: in_force

Sec. 1. As used in this chapter:

(1) "person" includes a person who may be married; and

(2) "persons" includes persons who may be married to each other.

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

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-33-10-6 — Indiana Code / Title 32 / Article 33 / Chapter 10 / Section 32-33-10-6
Notice of intention to hold lien; requisites; filing
Status: in_force

Sec. 6. (a) A person seeking to acquire a lien upon a motor vehicle, an airplane, a unit of construction machinery and equipment, or farm machinery, whether the claim to be secured by the lien is then due or not, must file in the recorder's office of the county where:

(1) the towing, repair, service, or maintenance work was performed; or

(2) the storage, supplies, or accessories were furnished;

a notice in writing of the intention to hold the lien upon the motor vehicle, airplane, unit of construction machinery and equipment, or farm machinery for the amount of the person's claim.

(b) A notice filed under subsection (a) must specifically state the amount claimed and give a substantial description of the motor vehicle, airplane, unit of construction machinery and equipment, or farm machinery upon which the lien is asserted.

(c) Any description in a notice of intention to hold a lien filed under subsection (a) is sufficient if by the description the motor vehicle, airplane, unit of construction machinery and equipment, or farm machinery can be identified.

(d) A notice under subsection (a) must be filed in the recorder's office not later than sixty (60) days after the:

(1) performance of the towing or work; or

(2) furnishing of the storage, supplies, accessories, or materials.

[Pre-2002 Recodification Citation: 32-8-31-3.]

As added by P.L.2-2002, SEC.18. Amended by P.L.104-2005, SEC.11.
Ind. Code § 32-39-1-20 — Indiana Code / Title 32 / Article 39 / Chapter 1 / Section 32-39-1-20
"Power of attorney"
Status: in_force

Sec. 20. As used in this article, "power of attorney" means a record that grants an attorney in fact authority to act in the place of a principal.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-36-1-18 — Indiana Code / Title 32 / Article 36 / Chapter 1 / Section 32-36-1-18
Exercise and enforcement of rights and remedies following death of intestate personality; fractional interests
Status: in_force

Sec. 18. (a) Subject to sections 16 and 17 of this chapter, after the death of an intestate personality, the rights and remedies of this chapter may be exercised and enforced by a person who possesses a total of not less than one-half (1/2) interest of the personality's recognized rights.

(b) A person described in subsection (a) shall account to any other person in whom the personality's recognized rights have vested to the extent that the other person's interest may appear.

[Pre-2002 Recodification Citation: 32-13-1-18.]

As added by P.L.2-2002, SEC.21.
Ind. Code § 32-29-6-4 — Indiana Code / Title 32 / Article 29 / Chapter 6 / Section 32-29-6-4
"Mortgagor"
Status: in_force

Sec. 4. As used in this chapter, "mortgagor" means the grantor of a mortgage.

[Pre-2002 Recodification Citation: 32-8-15.5-4.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-28-3-18 — Indiana Code / Title 32 / Article 28 / Chapter 3 / Section 32-28-3-18
Receipt of payment from third person not limiting right to lien
Status: in_force

Sec. 18. (a) This section applies to a provider of labor, materials, or equipment under a contract for the improvement of real estate that conditions the right of the provider to receive payment on the obligor's receipt of payment from a third person with whom the provider does not have a contractual relationship.

(b) This section does not apply to a construction contract for the construction, alteration, or repair of the following:

(1) A Class 2 structure (as defined in IC 22-12-1-5).

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

(3) Property that is:

(A) owned, operated, managed, or controlled by a:

(i) public utility (as defined in IC 8-1-2-1);

(ii) municipally owned utility (as defined in IC 8-1-2-1);

(iii) joint agency (as defined in IC 8-1-2.2-2);

(iv) rural electric membership corporation formed under IC 8-1-13-4;

(v) rural communications cooperative corporation formed under IC 8-1-17; or

(vi) not-for-profit utility (as defined in IC 8-1-2-125);

regulated under IC 8; and

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

(c) An obligor's receipt of payment from a third person may not:

(1) be a condition precedent to;

(2) limit; or

(3) be a defense to;

the provider's right to record or foreclose a lien against the real estate that was improved by the provider's labor, material, or equipment.

[Pre-2002 Recodification Citation: 32-8-3-18.]

As added by P.L.2-2002, SEC.13. Amended by P.L.101-2002, SEC.8; P.L.81-2020, SEC.21.
Ind. Code § 32-30-2-8 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-8
Expiration of plaintiff's interest; damages only
Status: in_force

Sec. 8. If the plaintiff's interest in the premises expires before the time in which the plaintiff could be put in possession of the premises, the plaintiff may obtain only a judgment for damages.

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

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-21-8-2 — Indiana Code / Title 32 / Article 21 / Chapter 8 / Section 32-21-8-2
Tax sale surplus fund disclosure form; filing
Status: in_force

Sec. 2. A taxpayer must file a tax sale surplus fund disclosure form in duplicate with the county auditor before the taxpayer may transfer title to property if:

(1) the taxpayer owes delinquent taxes on the property;

(2) the property was sold at a tax sale under IC 6-1.1-24; and

(3) a part of the tax sale purchaser's bid on the property was deposited into the tax sale surplus fund under IC 6-1.1-24-7.

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

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-34-6-6 — Indiana Code / Title 32 / Article 34 / Chapter 6 / Section 32-34-6-6
Choice of fabricator to transfer rights, title, and interest to fabricator for destruction; procedure for transfer
Status: repealed

Sec. 6. (a) After the three (3) year period specified in section 4 of this chapter has expired, a fabricator may choose to have all rights, title, and interest in the die, mold, form, jig, or pattern transferred to the fabricator for purposes of destruction. A fabricator seeking a transfer under this subsection must send written notice by registered mail, return receipt requested, to:

(1) the customer's address as set out in any written agreement between the fabricator and the customer; and

(2) the customer's last known address;

indicating that the fabricator intends to terminate the customer's rights, title, and interest by having the rights, title, and interest transferred to the fabricator under this chapter.

(b) If a customer:

(1) does not take possession of the particular die, mold, form, jig, or pattern within ninety (90) days after the date on which the notice was sent under subsection (a); or

(2) does not make other contractual arrangements with the fabricator for taking possession or for storage of the die, mold, form, jig, or pattern;

all rights, title, and interest of the customer to the mold transfer by operation of this chapter to the fabricator for the purpose of destruction. The fabricator may then destroy the die, mold, or form.

[Pre-2002 Recodification Citations: 32-9-6-3; 32-9-6-4.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-31-9-15 — Indiana Code / Title 32 / Article 31 / Chapter 9 / Section 32-31-9-15
Landlord or agent liability
Status: in_force

Sec. 15. This chapter does not make a landlord or the agent of a landlord liable for the actions of a perpetrator or a third party.

As added by P.L.22-2007, SEC.2.
Ind. Code § 32-31-8.5-4 — Indiana Code / Title 32 / Article 31 / Chapter 8.5 / Section 32-31-8.5-4
"Retaliatory act"
Status: in_force

Sec. 4. As used in this chapter, "retaliatory act" means any of the following actions taken by a landlord in response to a tenant's engaging in a protected activity:

(1) Increasing the amount of the tenant's rent.

(2) Decreasing, terminating, or interfering with services provided to the rental premises.

(3) Bringing or threatening to bring an action for possession of the rental premises.

(4) Bringing or threatening to bring an action to:

(A) evict the tenant from the rental premises; or

(B) otherwise terminate the tenant's rental agreement before the expiration of the term of the rental agreement.

As added by P.L.168-2020, SEC.18.
Ind. Code § 32-29-1-7 — Indiana Code / Title 32 / Article 29 / Chapter 1 / Section 32-29-1-7
Certificate of payments and satisfaction
Status: in_force

Sec. 7. If a mortgage has been paid and satisfied by the mortgagor, the mortgagor may take a certificate of satisfaction, duly acknowledged by the mortgagee or the mortgagee's lawful agent, as required for the acknowledgment of conveyances to entitle them to be recorded. The certificate and acknowledgment shall be recorded by the recorder in whose office the mortgage is recorded, with a reference to the location of the record of the mortgage. The recorded certificate discharges and releases the mortgagor from the mortgage (or portion of the mortgage as indicated in a partial satisfaction), and bars all suits and actions on the mortgage.

[Pre-2002 Recodification Citation: 32-8-11-6.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-17-11-21 — Indiana Code / Title 32 / Article 17 / Chapter 11 / Section 32-17-11-21
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-4-1.5-7.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.165-2002, SEC.15.
Ind. Code § 32-25-7-6 — Indiana Code / Title 32 / Article 25 / Chapter 7 / Section 32-25-7-6
Presumption of consent to changes; reallocation of interests in common area; liens
Status: in_force

Sec. 6. (a) Except as provided in subsection (b), if the declaration for a condominium is in conformity with section 2 of this chapter, it is presumed that any owner of a condominium unit in that condominium has consented to the changes in the percentage of undivided interest in the common areas and facilities appertaining to the owner's unit.

(b) An owner of a condominium unit who entered an agreement to purchase that unit before the recordation of the declaration may not be presumed to have consented to the changes referred to in subsection (a) unless the owner:

(1) was provided a copy of:

(A) the expansion provisions; or

(B) the declaration; and

(2) made a written acknowledgment of the receipt of the provisions before entering the purchase agreement.

(c) The reallocation of percentage of undivided interests in the common areas and facilities vests when the amendment to the declaration incorporating the reallocated percentages is recorded.

(d) When the amendment to the declaration incorporating:

(1) the addition of condominium units;

(2) the expansion of common areas and facilities; or

(3) both addition and expansion as described in subdivisions (1) and (2);

is recorded, all liens, including mortgage liens, are released as to the percentage of undivided interests in the common areas and facilities described in the declaration (before amendment of the declaration) and shall attach to the reallocated percentage of undivided interests in the common areas and facilities described in the amendment to the declaration as though the liens had attached to those percentage interests on the date of the recordation of the mortgage or other document that evidences the creation of the lien. The percentage interest in the common areas and facilities appertaining to additional condominium units being added by the amendment to the declaration are subject to mortgage liens and other liens upon the recordation of the amendment to the declaration.

[Pre-2002 Recodification Citation: 32-1-6-15.2.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-30-3-9 — Indiana Code / Title 32 / Article 30 / Chapter 3 / Section 32-30-3-9
Order of possession; delivery; service
Status: in_force

Sec. 9. (a) If a defendant or the defendant's attorney is in open court when the court issues the order of possession, a copy of the order shall be delivered to the defendant and the delivery noted in the order book.

(b) If the defendant and the defendant's attorney are not present, sufficient copies of the order shall be delivered to the sheriff or other executing officer. The executing officer shall, without delay, serve upon the defendant a copy of the order of possession by delivering the order to the defendant personally or to the defendant's agent. If the executing officer cannot find the defendant or the defendant's agent, the executing officer shall leave the order at the defendant's usual place of abode or with some person of suitable age and discretion. If the defendant and the defendant's agent do not have any known usual place of abode, the executing officer shall mail the order to the defendant's last known address.

[Pre-2002 Recodification Citation: 32-6-1.5-9.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-21-5-12 — Indiana Code / Title 32 / Article 21 / Chapter 5 / Section 32-21-5-12
Matters arising after form delivered; requirement to disclose at settlement; unknown or unavailable information
Status: in_force

Sec. 12. (a) An owner does not violate this chapter if the owner subsequently discovers that the disclosure form is inaccurate as a result of any act, circumstance, information received, or agreement subsequent to the delivery of the disclosure form. However, at or before settlement, the owner is required to disclose any material change in the physical condition of the property or certify to the purchaser at settlement that the condition of the property is substantially the same as it was when the disclosure form was provided.

(b) If at the time disclosures are required to be made under subsection (a) an item of information required to be disclosed is unknown or not available to the owner, the owner may state that the information is unknown or may use an approximation of the information if the approximation is clearly identified, is reasonable, is based on the actual knowledge of the owner, and is not used to circumvent the disclosure requirements of this chapter.

[Pre-2002 Recodification Citation: 24-4.6-2-12.]

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-28-3-4 — Indiana Code / Title 32 / Article 28 / Chapter 3 / Section 32-28-3-4
Validity of certain notices of intention to hold lien
Status: in_force

Sec. 4. Any otherwise valid and enforceable statement and notice of intention to hold a lien filed before March 10, 1967, is valid and enforceable.

[Pre-2002 Recodification Citation: 32-8-3-4.]

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-25-7-3 — Indiana Code / Title 32 / Article 25 / Chapter 7 / Section 32-25-7-3
Contractable condominiums; contents of declaration
Status: in_force

Sec. 3. If a condominium is a contractable condominium, the declaration shall contain, in addition to matters specified in section 1 of this chapter:

(1) an explicit reservation of an option to contract the condominium;

(2) a statement of any limitations on the option to contract the condominium;

(3) a date, not later than ten (10) years after the recording of the declaration, upon which the option to contract the condominium will expire;

(4) a statement of any circumstances that will terminate the option to contract the condominium before the expiration date referred to in subdivision (3);

(5) a legally sufficient description of all withdrawable land;

(6) a statement as to whether portions of the withdrawable land may be withdrawn from the condominium at different times; and

(7) a statement of any limitations:

(A) fixing the boundaries of portions of the withdrawable land; or

(B) regulating the order in which the portions may be withdrawn.

[Pre-2002 Recodification Citation: 32-1-6-12.2.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-16-1-8 — Indiana Code / Title 32 / Article 16 / Chapter 1 / Section 32-16-1-8
References to prior rules
Status: in_force

Sec. 8. (a) As used in the recodification act of the 2002 regular session of the general assembly, a reference to rules adopted under any provision of this title or under any other provision of the recodification act of the 2002 regular session of the general assembly refers to either:

(1) rules adopted under the recodification act of the 2002 regular session of the general assembly; or

(2) rules adopted under the prior property law until those rules have been amended, repealed, or superseded.

(b) Rules adopted under the prior property law continue in effect after June 30, 2002, until the rules are amended, repealed, or suspended.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.
Ind. Code § 32-17.5-2-4 — Indiana Code / Title 32 / Article 17.5 / Chapter 2 / Section 32-17.5-2-4
"Disclaimer"
Status: in_force

Sec. 4. "Disclaimer" means a refusal to accept an interest in or power over property.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-18-2-8 — Indiana Code / Title 32 / Article 18 / Chapter 2 / Section 32-18-2-8
Repealed
Status: repealed

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

As added by P.L.2-2002, SEC.3. Repealed by P.L.61-2017, SEC.7.
Ind. Code § 32-24-2-16 — Indiana Code / Title 32 / Article 24 / Chapter 2 / Section 32-24-2-16
Shoreline improvements; condemnation procedure
Status: in_force

Sec. 16. (a) This section applies whenever the works board of a municipality located upon or adjoining a harbor connected with a navigable stream or lake, or upon any navigable channel, slip, waterway, or watercourse, wants to acquire for the use of the municipality any property for a right-of-way for seawalls, docks, or other improvement of the harbor, channel, slip, waterway or watercourse.

(b) The works board shall adopt a resolution that the municipality wants to acquire the property, describing the property that may be injuriously or beneficially affected. All proceedings necessary for the completion of and payment for any such undertaking, including notice, remonstrance, appeal, letting of and performance of contracts, assessment and collection of payment for benefits, and the determination and payment of damages to property, are the same, to the extent applicable, as those proceedings for street improvements of the municipality by its works board or other entity charged by statute with the performance of those duties on behalf of the municipality.

[Pre-2002 Recodification Citation: 32-11-1.5-13.]

As added by P.L.2-2002, SEC.9.
Ind. Code § 32-31-5-4 — Indiana Code / Title 32 / Article 31 / Chapter 5 / Section 32-31-5-4
Written notice required to modify rental agreement
Status: in_force

Sec. 4. Unless otherwise provided by a written rental agreement between a landlord and tenant, a landlord shall give the tenant at least thirty (30) days written notice before modifying the rental agreement.

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

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-24-4.5-6 — Indiana Code / Title 32 / Article 24 / Chapter 4.5 / Section 32-24-4.5-6
"Relocation costs"
Status: in_force

Sec. 6. As used in this chapter, "relocation costs" means relocation expenses payable in accordance with the federal Uniform Relocation Assistance Act (42 U.S.C. 4601 through 42 U.S.C. 4655).

As added by P.L.163-2006, SEC.17.
Ind. Code § 32-34-4-2 — Indiana Code / Title 32 / Article 34 / Chapter 4 / Section 32-34-4-2
"Debtor" defined
Status: in_force

Sec. 2. As used in this chapter, "debtor" means the person from whom a vehicle is repossessed.

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

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-18-1-18 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-18
Trustee; final report; discharge from trust
Status: in_force

Sec. 18. (a) The trustee shall, at the expiration of one (1) year after entering upon the duties of the trust or at the next term of the court after the expiration of one (1) year after entering upon the duties of the trust, make a final report to the court.

(b) After a hearing and determination, if the judge is satisfied with and approves the report, the judge shall order the trustee to be discharged from the trust. However, the judge may, for good cause shown, grant further time to the trustee to file a final account.

[Pre-2002 Recodification Citation: 32-12-1-18.]

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-34-1.5-68 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-68
Enforcement of determination
Status: in_force

Sec. 68. If a determination under section 63 of this chapter becomes final and is not subject to administrative or judicial review, the attorney general may commence an action in a court with jurisdiction over the defendant to enforce the determination and secure payment or delivery of past due, unpaid, or undelivered property. The action must be brought not later than one (1) year after the determination becomes final.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-21-5-5.5 — Indiana Code / Title 32 / Article 21 / Chapter 5 / Section 32-21-5-5.5
Repealed
Status: repealed

As added by P.L.186-2007, SEC.8. Repealed by P.L.3-2008, SEC.269.
Ind. Code § 32-30-16-13 — Indiana Code / Title 32 / Article 30 / Chapter 16 / Section 32-30-16-13
Damages; reduction in value of property owner's real property; inadmissible evidence
Status: in_force

Sec. 13. (a) The amount of damages payable to a property owner for the use of an electric easement by an electricity supplier for communications infrastructure is limited to an amount sufficient to compensate the property owner for the reduction in value of the property owner's real property caused by the attachment or installation of communications infrastructure within the electric easement. Evidence of revenues, profits, or any other fees derived by an electricity supplier from installing communications infrastructure in an existing easement, or evidence of the revenues, profits, or any other fees derived from the operation of such equipment, is not admissible for any purpose in any proceeding under this chapter.

(b) If an appraisal performed under this chapter proves no reduction in value to the property owner's real property, the property owner is not entitled to damages.

As added by P.L.236-2017, SEC.1.
Ind. Code § 32-30-2-9 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-9
Multiple parties; recovery
Status: in_force

Sec. 9. If there are two (2) or more plaintiffs or defendants, one (1) or more of the plaintiffs may recover against one (1) or more of the defendants:

(1) the premises or any part of the premises;

(2) an interest in the premises; or

(3) damages;

according to the right of the parties, but the recovery may not be for an interest greater than the interest claimed by the party.

[Pre-2002 Recodification Citation: 32-15-2-9.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-29-6-17 — Indiana Code / Title 32 / Article 29 / Chapter 6 / Section 32-29-6-17
Applicability of chapter
Status: in_force

Sec. 17. This chapter applies to the release of a mortgage after June 30, 2001, regardless of when the mortgage was created or assigned.

[Pre-2002 Recodification Citation: 32-8-15.5-17.]

As added by P.L.2-2002, SEC.14. Amended by P.L.48-2003, SEC.1 and P.L.79-2003, SEC.1.
Ind. Code § 32-35-2-17 — Indiana Code / Title 32 / Article 35 / Chapter 2 / Section 32-35-2-17
Failure of defendant to appear
Status: in_force

Sec. 17. If the defendant in an action under this chapter fails to appear, the court may enter its final judgment with respect to possession as in other cases where there is a default for a failure to appear.

[Pre-2002 Recodification Citation: 34-21-4-10.]

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

Sec. 19. "Substantially completed" means that:

(1) all roadways, utilities, amenities, furnishings, appliances, structural components, and mechanical systems of buildings and premises are completed and provided as represented in the time share instrument or agreement or camping club membership agreement; and

(2) the premises are ready for occupancy and the proper governmental authority has caused to be issued a certificate of occupancy, if a certificate of occupancy is required.

[Pre-2002 Recodification Citation: 24-5-9-29(b).]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-21-5.2-3 — Indiana Code / Title 32 / Article 21 / Chapter 5.2 / Section 32-21-5.2-3
"Local building department"
Status: in_force

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027.

Sec. 3. As used in this chapter, "local building department" means, in any county, city, or town, the department, division, agency, section, or office that enforces the Indiana building code adopted by the fire prevention and building safety commission, as required by IC 36-7-2-9(1).

As added by P.L.157-2024, SEC.5.
Ind. Code § 32-33-20-4 — Indiana Code / Title 32 / Article 33 / Chapter 20 / Section 32-33-20-4
"Special tool builder"
Status: in_force

Sec. 4. As used in this chapter, "special tool builder" means a person who designs, develops, manufactures, or assembles special tools for sale.

As added by P.L.73-2009, SEC.4.
Ind. Code § 32-26-1-12 — Indiana Code / Title 32 / Article 26 / Chapter 1 / Section 32-26-1-12
Officers of association; term of office
Status: in_force

Sec. 12. The president, secretary, and treasurer continue in office for one (1) year and until their successors in office are elected and qualified.

[Pre-2002 Recodification Citation: 32-10-1-12.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-25-6-1 — Indiana Code / Title 32 / Article 25 / Chapter 6 / Section 32-25-6-1
Liens and encumbrances
Status: in_force

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

(1) each condominium unit; and

(2) the undivided interest in the common areas and facilities appurtenant to each unit;

in the same manner and under the same conditions as liens or encumbrances may arise or be created against any other parcel of real property.

(b) Labor performed or materials furnished with the consent or at the request of a condominium unit owner, the owner's agent, or the owner's contractor or subcontractor may not be the basis for filing a lien under any lien law against the condominium unit or any other property of any other co-owner not expressly consenting to or requesting the performance of the labor or the furnishing of the materials. However, express consent is considered to be given by the owner of any condominium unit in the case of emergency repairs to the condominium unit. Labor performed or materials furnished for the common areas and facilities, if authorized by the association of co-owners, the manager, or board of directors in accordance with this article, the declaration, or the bylaws:

(1) are considered to be performed or furnished with the express consent of each co-owner;

(2) constitute the basis for the filing of a lien under any lien law against each of the condominium units; and

(3) are subject to subsection (c).

(c) If a lien against two (2) or more condominium units becomes effective, the owner of a condominium unit against which the lien is effective may remove the owner's:

(1) unit; and

(2) undivided interest in the common areas and facilities appurtenant to the unit;

from the lien by payment of the fractional or proportional amounts attributable to the unit. After the payment, discharge of the lien, or other satisfaction of the lien, the condominium unit and the undivided interest in the common areas and facilities appurtenant to the condominium unit are free and clear of the lien. A partial payment, partial satisfaction of the lien, or discharge of the lien may not prevent the lienholder from proceeding against any condominium unit and the undivided interest in the common areas and facilities appurtenant to the condominium unit that remain subject to the lien.

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

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-34-1.5-53 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-53
Examining records
Status: in_force

Sec. 53. The attorney general, at reasonable times and with reasonable notice, may:

(1) examine the records of a person, including examination of appropriate records in the possession of an agent of the person under examination, if the records are reasonably necessary to determine whether the person has complied with this chapter;

(2) issue an administrative subpoena requiring the person or agent of the person to make records available for examination; and

(3) bring an action seeking judicial enforcement of the subpoena.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-34-1.5-42 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-42
Abandoned property fund
Status: in_force

Sec. 42. (a) Except as otherwise provided in this section, the attorney general shall transfer to the treasurer of state for deposit in the abandoned property fund all funds received under this chapter, including proceeds from the sale of property under sections 37 and 38 of this chapter.

(b) The attorney general shall maintain an account with an amount of funds the attorney general reasonably estimates is sufficient to pay claims allowed under this chapter. If the aggregate amount of claims by owners allowed at any time exceeds the amount held in the account, an excess claim must be paid out of the state general fund.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-28-15-2 — Indiana Code / Title 32 / Article 28 / Chapter 15 / Section 32-28-15-2
"Person"
Status: in_force

Sec. 2. As used in this chapter, "person" means:

(1) a natural person; or

(2) an organization, including a corporation, a partnership, a proprietorship, an association, a cooperative, an estate, a trust, or another legal entity.

As added by P.L.62-2024, SEC.1.
Ind. Code § 32-28-12.5-10 — Indiana Code / Title 32 / Article 28 / Chapter 12.5 / Section 32-28-12.5-10
Notice of lien; service on owner; mailing or personal service
Status: in_force

Sec. 10. A broker company shall, not later than ten (10) days after recording a notice of lien under this chapter, personally serve or mail, by registered or certified mail, a copy of the notice of lien to the owner of record of the commercial real estate, or to the agent of the owner of record, at the address of the owner stated in the written agreement, contract, or other written instrument on which the claim for the lien is based. If the address of the owner or the owner's agent is not stated, the broker company shall personally serve or mail, by registered or certified mail, a copy of the notice of the lien to the address where real estate taxes are sent for the commercial real estate on which the claim of lien is based. Mailing of the copy of the notice of lien is effective when deposited in the United States mail with postage prepaid. Personal service of the notice of the lien is effective upon receipt by the owner or the agent of the owner of record. A broker company's lien is unenforceable if mailing or service of the copy of notice of lien does not occur at the time and in the manner required by this section.

As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.56; P.L.116-2015, SEC.29.
Ind. Code § 32-29-7-2 — Indiana Code / Title 32 / Article 29 / Chapter 7 / Section 32-29-7-2
"Economically feasible"
Status: in_force

Sec. 2. For the purposes of section 4(b) of this chapter, the sale of property by the sheriff 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: 32-8-16-1.3 part.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-28-14-5 — Indiana Code / Title 32 / Article 28 / Chapter 14 / Section 32-28-14-5
Homeowners association lien; notice of lien requirements
Status: in_force

Sec. 5. (a) All sums assessed by a homeowners association but unpaid for the share of the common expenses chargeable to an owner of real estate in a subdivision constitute a homeowners association lien on the real estate effective as provided in section 6 of this chapter.

(b) The priority of a homeowners association lien is established on the date the notice of the lien is recorded under section 6 of this chapter.

(c) A notice of lien may not be recorded under subsection (a) unless the notice of lien:

(1) contains:

(A) the name and address of the homeowners association;

(B) the address and legal description of the property that is subject to the lien;

(C) the name of the owner of the property that is subject to the lien; and

(D) the amount of the lien; and

(2) is:

(A) signed by an officer of the homeowners association; and

(B) acknowledged as in the case of deeds.

As added by P.L.135-2007, SEC.3.
Ind. Code § 32-28-3-5 — Indiana Code / Title 32 / Article 28 / Chapter 3 / Section 32-28-3-5
Recording notice; priority of lien
Status: in_force

Sec. 5. (a) As used in this section, "lender" refers to:

(1) an individual;

(2) a supervised financial organization (as defined in IC 26-1-4-102.5);

(3) an insurance company or a pension fund; or

(4) any other entity that has the authority to make loans.

(b) The recorder shall record the statement and notice of intention to hold a lien when presented under section 3 of this chapter in the miscellaneous record book. The recorder shall charge a fee for recording the statement and notice in accordance with IC 36-2-7-10. When the statement and notice of intention to hold a lien is recorded, the lien is created. The recorded lien relates back to the date the mechanic or other person began to perform the labor or furnish the materials or machinery. Except as provided in subsections (c) and (d), a lien created under this chapter has priority over a lien created after it.

(c) The lien of a mechanic or materialman does not have priority over the lien of another mechanic or materialman.

(d) The mortgage of a lender has priority over all liens created under this chapter that are recorded after the date the mortgage was recorded, to the extent of the funds actually owed to the lender for the specific project to which the lien rights relate. This subsection does not apply to a lien that relates to a construction contract for the development, construction, alteration, or repair of the following:

(1) A Class 2 structure (as defined in IC 22-12-1-5).

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

(3) Property that is:

(A) owned, operated, managed, or controlled by:

(i) a public utility (as defined in IC 8-1-2-1);

(ii) a municipally owned utility (as defined in IC 8-1-2-1);

(iii) a joint agency (as defined in IC 8-1-2.2-2);

(iv) a rural electric membership corporation formed under IC 8-1-13-4;

(v) a rural communications cooperative corporation formed under IC 8-1-17; or

(vi) a not-for-profit utility (as defined in IC 8-1-2-125);

regulated under IC 8; and

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

[Pre-2002 Recodification Citation: 32-8-3-5.]

As added by P.L.2-2002, SEC.13. Amended by P.L.101-2002, SEC.6; P.L.35-2010, SEC.207; P.L.81-2020, SEC.19.
Ind. Code § 32-31-4-3 — Indiana Code / Title 32 / Article 31 / Chapter 4 / Section 32-31-4-3
Delivery to warehouseman or storage facility after notice to tenant; release of exempt property
Status: in_force

Sec. 3. (a) If a tenant has failed to remove the tenant's personal property under section 2 of this chapter, a landlord may deliver the personal property to a warehouseman or to a storage facility if notice of both of the following has been personally served on the tenant at the last known address of the tenant:

(1) An order for removal of personal property issued under section 2 of this chapter.

(2) The identity and location of the warehouseman or the storage facility.

(b) At the demand of the owner of the exempt property, the warehouseman or storage facility shall release the exempt property to the owner without requiring payment from the owner at the time of delivery.

(c) A waiver of the provisions of section 1 of this chapter or subsection (b) by contract or otherwise is void.

[Pre-2002 Recodification Citations: 32-7-6-2(b); 32-7-6-2(c); 32-7-6-2(d).]

As added by P.L.2-2002, SEC.16. Amended by P.L.115-2007, SEC.3.
Ind. Code § 32-25.5-4-2 — Indiana Code / Title 32 / Article 25.5 / Chapter 4 / Section 32-25.5-4-2
Court remedies; imposition of civil penalties; limitations
Status: in_force

Sec. 2. (a) A court in which an action is brought under this chapter may do the following:

(1) Issue an injunction.

(2) Order the board member to make restitution to the homeowners association or to a member of the homeowners association.

(3) Order a board member to be removed from the board.

(4) Order a board member to reimburse the state for the reasonable costs of the attorney general's investigation and prosecution of the violation.

(5) Impose a civil penalty on a member of the board of a homeowners association or on another individual, as appropriate, determined by the court to have taken an action described in section 1(1), 1(2), or 1(3) of this chapter.

(b) A civil penalty imposed under subsection (a)(5) may not exceed five hundred dollars ($500) for each action described in section 1(1), 1(2), or 1(3) of this chapter that the board member is determined by the court to have taken. The proceeds of a civil penalty imposed under subsection (a)(5) shall be deposited in the state general fund.

As added by P.L.141-2015, SEC.13. Amended by P.L.164-2016, SEC.8.
Ind. Code § 32-34-1.5-50 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-50
Delivery of property to owner; payment of enforceable debt
Status: in_force

Sec. 50. (a) Not later than thirty (30) days after a claim is allowed under section 49(b) of this chapter, the attorney general shall pay or deliver to the owner the property or pay to the owner the net proceeds of a sale of the property, together with income or gain to which the owner is entitled under section 33 of this chapter.

(b) Property held under this chapter by the attorney general is subject to a claim for the payment of an enforceable debt the owner owes in this state for:

(1) child support arrearages, including child support collection costs and child support arrearages that are combined with maintenance;

(2) a civil or criminal fine or penalty, court costs, surcharge, or restitution imposed by a final order of an administrative agency or a final court judgment; or

(3) state or local taxes, penalties, and interest that have been determined to be delinquent or as to which notice has been recorded with the local taxing authority.

(c) Before delivery or payment to an owner under subsection (a) of property or payment to the owner of net proceeds of a sale of the property, the attorney general first shall apply the property or net proceeds to a debt under subsection (b) the attorney general determines is owed by the owner. The attorney general shall pay the amount to the appropriate state or local agency.

(d) The attorney general may make periodic inquiries of state and local agencies in the absence of a claim filed under section 48 of this chapter to determine whether an apparent owner included in the unclaimed property records of this state has enforceable debts described in subsection (b). The attorney general first shall apply the property or net proceeds of a sale of property held by the attorney general to a debt under subsection (b) of an apparent owner which appears in the records of the attorney general and deliver the amount to the appropriate state or local agency.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-23-1-4 — Indiana Code / Title 32 / Article 23 / Chapter 1 / Section 32-23-1-4
Easements
Status: in_force

Sec. 4. The service or notice required under section 3 of this chapter must be endorsed by the officer serving the notice, on the original paper, and returned to the party giving the notice. The party that gives the notice shall record the original paper and endorsement of service or notice in the recorder's office of the county where the land is located. The served or posted and recorded notice is, at the time of record, an interruption of the adverse use.

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

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-27-1-15 — Indiana Code / Title 32 / Article 27 / Chapter 1 / Section 32-27-1-15
Warranties in addition to contract rights; remedies
Status: in_force

Sec. 15. (a) The warranties defined in this chapter are in addition to any other rights created by contract between the parties.

(b) The remedies provided in section 14 of this chapter do not limit any remedies available in an action that is not predicated on the breach of an express or implied warranty defined by this chapter.

[Pre-2002 Recodification Citation: 24-5-11.5-15.]

As added by P.L.2-2002, SEC.12.
Ind. Code § 32-38-2-7 — Indiana Code / Title 32 / Article 38 / Chapter 2 / Section 32-38-2-7
"Power of appointment"
Status: in_force

Sec. 7. "Power of appointment" means a power of appointment described in IC 32-17-6.

As added by P.L.95-2007, SEC.19.
Ind. Code § 32-24-5-2 — Indiana Code / Title 32 / Article 24 / Chapter 5 / Section 32-24-5-2
Persons entitled to exercise eminent domain; conditions precedent
Status: in_force

Sec. 2. (a) A person, firm, limited liability company, municipal corporation, or other corporation authorized to do business in Indiana and engaged in the business of transporting or distributing gas by means of pipelines into, within, or through Indiana for ultimate public use may condemn:

(1) land subsurface strata or formations;

(2) other necessary land rights;

(3) land improvements and fixtures, in or on land, except buildings of any nature; and

(4) the use and occupation of land subsurface strata or formations;

for constructing, maintaining, drilling, utilizing, and operating an underground gas storage reservoir.

(b) The operator of the carbon sequestration pilot project established under IC 14-39-1 may exercise the power of eminent domain to obtain:

(1) ownership of such underground strata and formations located under the surface of the owner's property as may be necessary or useful for underground storage of carbon dioxide in the strata or formations; and

(2) ownership or other rights to one (1) or more areas of the surface of the owner's property, including but not limited to one (1) or more rights-of-way or easements, as may be necessary or useful for constructing, maintaining, using, operating, and gaining access to monitoring facilities required by the United States Environmental Protection Agency for the underground storage of carbon dioxide.

(c) The following rights in land may be condemned for use in connection with the underground storage of gas:

(1) To drill and operate wells in and on land.

(2) To install and operate pipelines.

(3) To install and operate equipment, machinery, fixtures, and communication facilities.

(4) To create ingress and egress to explore and examine subsurface strata or underground formations.

(5) To create ingress and egress to construct, alter, repair, maintain, and operate an underground storage reservoir.

(6) To exclusively use any subsurface strata condemned.

(7) To remove and reinstall pipe and other equipment used in connection with rights condemned under subdivisions (1) through (6).

(d) Acquisition of subsurface rights in land for gas storage purposes or for purposes of the carbon sequestration pilot project established under IC 14-39-1 by condemnation under this section must be without prejudice to any subsequent proceedings that may be necessary under this section to acquire additional subsurface rights in the same land for use in connection with the underground storage. Surface rights in land necessary for the accomplishment of the purposes set forth in this section may be condemned.

(e) Except with respect to a proceeding under this chapter to:

(1) acquire the right to explore and examine a subsurface stratum or formation in land; and

(2) create the right of ingress and egress for operations connected to the acquisition;

and subject to subsection (f), as a condition precedent to the exercise of the right to condemn any underground stratum, formation, or interest reasonably expected to be used or useful for underground gas storage or for purposes of the carbon sequestration pilot project established under IC 14-39-1, a condemnor first must have acquired by purchase, option, lease, or other method not involving condemnation, the right, or right upon the exercise of an option, if any, to store gas in at least sixty per cent (60%) of the stratum or formation. This must be computed in relation to the total surface acreage overlying the entire stratum or formation considered useful for the purpose.

(f) A tract under which the stratum or formation sought to be condemned is owned by two (2) or more persons, firms, limited liability companies, or corporations must be credited to the condemnor as acquired by it for the purpose of computing the percentage of acreage acquired by the condemnor in complying with the requirement of subsection (e) if the condemnor acquires from the owner or owners of an undivided three-fourths (3/4) part or interest or more of the underground stratum or formation, by purchase, option, lease, or other method not involving condemnation, the right, or right upon the exercise of an option, if any, to store gas in the stratum or formation. It is not necessary for the condemnor to have acquired any interest in the property in which the condemnee has an interest before instituting a proceeding under this chapter.

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

As added by P.L.2-2002, SEC.9. Amended by P.L.291-2019, SEC.13.
Ind. Code § 32-28-12.5-5 — Indiana Code / Title 32 / Article 28 / Chapter 12.5 / Section 32-28-12.5-5
Broker company lien on commercial real estate; fees due under written agreement, contract, or instrument
Status: in_force

Sec. 5. A broker company may have a lien upon commercial real estate, or any interest in commercial real estate, that is the subject of a purchase, a lease, or other conveyance to a buyer or tenant, in the amount that the broker company is due for licensed services, including brokerage fees, consulting fees, and management fees due the broker company under a written agreement, a contract, or another written instrument:

(1) signed by:

(A) the owner of an interest in the commercial real estate or by the owner's authorized agent; or

(B) a prospective buyer or prospective tenant, or by the buyer's or tenant's authorized agent; and

(2) entered into after June 30, 2006.

A lien under this chapter is available to the broker company named in the written agreement, contract, or other written instrument signed by the owner, buyer, or tenant, or their respective agents, and not to an employee or independent contractor of the broker company.

As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.51; P.L.116-2015, SEC.24.
Ind. Code § 32-23-12-12 — Indiana Code / Title 32 / Article 23 / Chapter 12 / Section 32-23-12-12
Successor trustee; subsequent proceedings
Status: in_force

Sec. 12. (a) If a trustee:

(1) dies or resigns; or

(2) refuses or is unable to act;

the circuit or superior court shall, upon either the court's motion or the motion of a plaintiff, appoint a successor trustee.

(b) After the entry of the initial judgment authorizing a lease, all subsequent proceedings pertaining to the coal land and the coal interest involved in the initial litigation, including subsequent leasing proceedings or proceedings by the trustee requesting authority to execute and deliver additional documents pertaining to a coal lease, must be commenced in the same court as the proceedings for the initial lease. The acting trustee at the time of any subsequent proceedings shall act as the trustee in the subsequent proceedings. The circuit or superior court retains continuing jurisdiction over any subsequent proceedings.

As added by P.L.94-2009, SEC.1.
Ind. Code § 32-27-2-4 — Indiana Code / Title 32 / Article 27 / Chapter 2 / Section 32-27-2-4
"New home" defined
Status: in_force

Sec. 4. (a) As used in this chapter, "new home" means a new dwelling occupied for the first time as a residence after construction.

(b) The term does not include:

(1) a detached garage;

(2) a driveway;

(3) a walkway;

(4) a patio;

(5) a boundary wall;

(6) a retaining wall not necessary for the structural stability of the new home;

(7) landscaping;

(8) a fence;

(9) nonpermanent construction material;

(10) an off-site improvement;

(11) an appurtenant recreational facility;

(12) other similar item; or

(13) a model home.

(c) After June 30, 2023, the term does not include a mobile home, manufactured home, or an industrialized residential structure.

[Pre-2002 Recodification Citation: 32-15-7-4.]

As added by P.L.2-2002, SEC.12. Amended by P.L.137-2023, SEC.6.
Ind. Code § 32-30-10.6-2 — Indiana Code / Title 32 / Article 30 / Chapter 10.6 / Section 32-30-10.6-2
Repealed
Status: repealed

As added by P.L.102-2012, SEC.4. Amended by P.L.203-2013, SEC.20. Repealed by P.L.247-2015, SEC.30.
Ind. Code § 32-25.5-3.5-4 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.5 / Section 32-25.5-3.5-4
Homeowner's petition of other members for approval to install solar energy system; required information; required signatures; presentation to board; denial of request prohibited if requirements met
Status: in_force

Sec. 4. (a) This section applies to a homeowner who:

(1) seeks to install a solar energy system on the homeowner's dwelling unit or property; and

(2) is a member of a homeowners association:

(A) the governing documents of which prohibit, restrict, or limit the installation of solar energy systems by members of the homeowners association; or

(B) whose board of directors, architectural review committee, or architectural control committee has denied the homeowner's request to install a solar energy system for a reason not set forth in section 5 of this chapter.

(b) A homeowner to whom this section applies may petition other homeowners association members for approval to install a solar energy system on the homeowner's dwelling unit or property. A homeowner who chooses to petition other homeowners association members under this section must provide the other members with information regarding:

(1) the site plan of the solar energy system to be installed, including:

(A) the property boundaries;

(B) a description of the dwelling unit;

(C) the color of the solar energy system; and

(D) any screening to be used in connection with the solar energy system, if the solar energy system is to be installed in a location other than on the roof of the homeowner's dwelling unit;

(2) the vendor and installer of the solar energy system; and

(3) the plans and specifications for the solar energy system, if requested by the other homeowners association members.

(c) A homeowner who chooses to petition other homeowners association members under this section must obtain signatures in an amount equal to at least:

(1) the number of signatures needed to amend the covenants or other governing documents of the homeowners association; or

(2) sixty-five percent (65%) of the members of the homeowners association;

whichever is less. Any provisions in the homeowners association governing documents concerning voting rights and restrictions based on the number of lots owned by a particular homeowners association member apply to a petition under this section.

(d) Once the homeowner obtains the required number of signatures under subsection (c), the homeowner must present the signatures and information provided in subsection (b) to the homeowners association board of directors. The board of directors, an architectural review committee, or an architectural control committee of the homeowners association may not deny the homeowner's request to install the solar energy system once the homeowner has obtained the required number of signatures, if the homeowner complied with the requirements provided in this section.

As added by P.L.73-2022, SEC.1.
Ind. Code § 32-26-4-3 — Indiana Code / Title 32 / Article 26 / Chapter 4 / Section 32-26-4-3
Actions; recovering expenses of cutting or trimming
Status: in_force

Sec. 3. The prosecuting attorney shall prosecute a suit under section 2(e) of this chapter in the name of the state on relation of the supervisor or county highway superintendent. The prosecuting attorney shall receive a fee of ten dollars ($10), collected as a part of the costs of the suit, for bringing a suit under this section.

[Pre-2002 Recodification Citation: 32-10-4-3.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-30-10.5-6 — Indiana Code / Title 32 / Article 30 / Chapter 10.5 / Section 32-30-10.5-6
"Mortgage foreclosure counselor"
Status: in_force

Sec. 6. As used in this chapter, "mortgage foreclosure counselor" means a foreclosure prevention counselor who is part of, or has been trained or certified by, the Indiana Foreclosure Prevention Network.

As added by P.L.105-2009, SEC.20.
Ind. Code § 32-29-6-8 — Indiana Code / Title 32 / Article 29 / Chapter 6 / Section 32-29-6-8
"Title insurance company"
Status: in_force

Sec. 8. As used in this chapter, "title insurance company" means a corporation or other business entity authorized and licensed to transact the business of insuring titles to interests in real property in Indiana under IC 27.

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

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-33-4-1 — Indiana Code / Title 32 / Article 33 / Chapter 4 / Section 32-33-4-1
Lien for services or expenses; exception; entry on judgment docket
Status: in_force

Sec. 1. Subject to sections 3(c), 3(d), and 3.5 of this chapter, a person, a firm, a partnership, an association, a limited liability company, or a corporation maintaining a hospital in Indiana or a hospital owned, maintained, or operated by the state or a political subdivision of the state is entitled to hold a lien for the reasonable value of its services or expenses (including any amount designated as a copayment or deductible) on any judgment for personal injuries rendered in favor of any person, except:

(1) a person covered by the provisions of IC 22-3, the state worker's compensation laws;

(2) a person covered by the provisions of 5 U.S.C. 8101 et seq., the federal worker's compensation laws;

(3) a person covered by the provisions of 45 U.S.C. 51 et seq., the Federal Employers Liability Act;

(4) an eligible person (as defined in IC 34-13-8-1) with respect to a distribution paid from the supplemental state fair relief fund for an occurrence (as defined in IC 34-13-8-2); and

(5) a person covered by the provisions of 42 U.S.C. 1395 et seq., the federal Medicare program;

who is admitted to the hospital and receives treatment, care, and maintenance on account of personal injuries received as a result of the negligence of any person or corporation. In order to claim the lien, the hospital must satisfy the conditions for perfecting the lien as set forth in section 4 of this chapter and, not later than the date on which the judgment is rendered, enter, in writing, upon the judgment docket where the judgment is recorded, the hospital's intention to hold a lien upon the judgment, together with the amount claimed.

[Pre-2002 Recodification Citation: 32-8-26-1.]

As added by P.L.2-2002, SEC.18. Amended by P.L.160-2012, SEC.59; P.L.173-2013, SEC.1; P.L.205-2013, SEC.340; P.L.2-2014, SEC.116.
Ind. Code § 32-23-11-11 — Indiana Code / Title 32 / Article 23 / Chapter 11 / Section 32-23-11-11
Effect of interest vesting on other easement and license holders
Status: in_force

Sec. 11. (a) The vesting of a railroad's interest under section 10 of this chapter does not divest a valid public utility, communication, cable television, fiber optic, or pipeline easement, license, or legal occupancy if the railroad granted the easement before the date on which the railroad abandoned the right-of-way.

(b) This chapter does not deprive a public utility, communication company, cable television company, fiber optic company, or pipeline company of the use of all or part of a right-of-way if, at the time of abandonment, the company:

(1) is occupying and using all or part of the right-of-way for the location and operation of the company's facilities; or

(2) has acquired an interest for use of all or part of the right-of-way.

(c) This chapter does not do the following:

(1) Limit the right of the owner of a right-of-way fee to demand compensation from a railroad or a utility for the value of an interest taken and used or occupied after abandonment.

(2) Grant to the owner of a right-of-way fee the right to obtain duplicative compensation from a utility or pipeline company for the value of the use of any portion of the right-of-way that is subject to the terms of an agreement previously entered into between the utility or pipeline company and the owner of the right-of-way fee. For purposes of this subdivision, "pipeline" does not include a coal slurry pipeline.

[Pre-2002 Recodification Citation: 32-5-12-11.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-25-8-1 — Indiana Code / Title 32 / Article 25 / Chapter 8 / Section 32-25-8-1
Bylaws; administration of property
Status: in_force

Sec. 1. The administration of every property is governed by bylaws. A true copy of the bylaws shall be annexed to and made a part of the declaration. A modification of or amendment to the bylaws is valid only if:

(1) the modification or amendment is set forth in an amendment to the declaration; and

(2) the amendment is recorded.

[Pre-2002 Recodification Citation: 32-1-6-25.]

As added by P.L.2-2002, SEC.10.
Ind. Code § 32-24-2-17 — Indiana Code / Title 32 / Article 24 / Chapter 2 / Section 32-24-2-17
Attorney's fees
Status: in_force

Sec. 17. If applicable, a landowner who incurs attorney's fees through the exercise of eminent domain under this chapter is entitled to reasonable attorney's fees in accordance with IC 32-24-1-14.

As added by P.L.163-2006, SEC.14.
Ind. Code § 32-28-13-4 — Indiana Code / Title 32 / Article 28 / Chapter 13 / Section 32-28-13-4
Common law lien against public official based on performance of official duty precluded; voiding common law lien
Status: in_force

Sec. 4. (a) This chapter provides the procedure for filing and releasing a common law lien.

(b) This chapter does not create a common law lien. A common law lien does not exist against the property of a public official for the performance or nonperformance of the public official's official duty. A person asserting a common law lien must prove the existence of the lien:

(1) as prescribed by the common law of Indiana; or

(2) as provided in this chapter.

(c) Unless a common law lien becomes void at an earlier date under section 6(b) of this chapter, a common law lien is void if the common law lienholder fails to commence a suit on the common law lien within one hundred eighty (180) days after the date the common law lien is recorded under this chapter.

[Pre-2002 Recodification Citation: 32-8-39-2.7.]

As added by P.L.2-2002, SEC.13. Amended by P.L.73-2009, SEC.1; P.L.191-2015, SEC.6.
Ind. Code § 32-31-10-5 — Indiana Code / Title 32 / Article 31 / Chapter 10 / Section 32-31-10-5
"Residential eviction diversion program"; voluntary participation
Status: in_force

Sec. 5. (a) As used in this section, "residential eviction diversion program" refers to any:

(1) preeviction diversion program;

(2) landlord-tenant settlement conference; or

(3) similar program affecting residential evictions or the possession of residential rental property;

that is offered or operated in Indiana on a statewide or local basis, regardless of when the program is first offered or operated in Indiana.

(b) A residential eviction diversion program may not be offered or operated unless participation in the program is voluntary for all parties.

(c) A person that offers or operates a residential eviction diversion program in violation of subsection (b) shall immediately cease to offer the program to new participants.

As added by P.L.164-2022, SEC.2.
Ind. Code § 32-25.5-5-11 — Indiana Code / Title 32 / Article 25.5 / Chapter 5 / Section 32-25.5-5-11
Negotiation meeting; access to subject property
Status: in_force

Sec. 11. (a) This section applies if a respondent has requested a meeting under section 10 of this chapter not later than ten (10) business days after the date of the notice of the claim given under section 10 of this chapter.

(b) The claimant and the respondent shall meet in person to resolve the claim by good faith negotiation, at the time and place agreed to by the claimant and the respondent.

(c) During the meeting, the parties must have full access to the property that is the subject of the claim to inspect the property, if appropriate or necessary. If the respondent agrees to take corrective action, the claimant must provide the respondent and the respondent's agents with full access to the property to take and complete corrective action.

As added by P.L.141-2015, SEC.14.
Ind. Code § 32-32-3-10 — Indiana Code / Title 32 / Article 32 / Chapter 3 / Section 32-32-3-10
Leasehold interest
Status: in_force

Sec. 10. (a) If the interest of the developer in a project is a leasehold interest, the lease, unless otherwise determined by the division, must provide that:

(1) the lessee must give the association notice of termination of the lease for any default by the lessor; and

(2) the lessor, upon the bankruptcy of the lessee, shall enter into a new lease with the association upon the same terms and conditions as were contained in the lease with the developer.

(b) The division may require the developer to execute a bond or other type of security for the payment of the lease obligation.

[Pre-2002 Recodification Citation: 24-5-9-31.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-30-2-16 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-16
Order allowing entry to survey; motion; notice; hearing
Status: in_force

Sec. 16. After:

(1) the plaintiff has filed a motion with the court;

(2) notice has been delivered to the defendant; and

(3) a hearing at which the plaintiff has shown cause;

the court may grant an order allowing the plaintiff to enter upon the property in controversy and make a survey and admeasurement of the property for purposes of an action under this chapter.

[Pre-2002 Recodification Citation: 32-15-2-16.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-18-2-2 — Indiana Code / Title 32 / Article 18 / Chapter 2 / Section 32-18-2-2
Definitions
Status: in_force

Sec. 2. The following definitions apply throughout this chapter:

(1) "Asset" means property of a debtor, but the term does not include:

(A) property to the extent that it is encumbered by a valid lien;

(B) property to the extent that it is generally exempt under nonbankruptcy law, including property exempt from execution under IC 34-55-10; or

(C) an interest in property held in tenancy by the entireties to the extent it is not subject to process by a creditor holding a claim against only one (1) tenant.

(2) "Claim", except as used in "claim for relief", means a right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured, or unsecured.

(3) "Creditor" means a person that has a claim.

(4) "Debt" means liability on a claim.

(5) "Debtor" means a person that is liable on a claim.

(6) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(7) "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common law lien, or a statutory lien.

(8) "Organization" means a person other than an individual.

(9) "Person" means an individual, an estate, a partnership, an association, a trust, a business or nonprofit entity, a public corporation, a government or governmental subdivision, agency, or instrumentality, or another legal or commercial entity.

(10) "Property" means anything that may be the subject of ownership.

(11) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or another medium and is retrievable in perceivable form.

(12) "Sign" means, with present intent to authenticate or adopt a record:

(A) to execute or adopt a tangible symbol; or

(B) to attach to or logically associate with the record an electronic symbol, sound, or process.

(13) "Transfer" means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, license, and creation of a lien or another encumbrance.

(14) "Valid lien" means a lien that is effective against the holder of a judicial lien subsequently obtained by legal or equitable process or proceedings.

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

As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.1.
Ind. Code § 32-29-6-15 — Indiana Code / Title 32 / Article 29 / Chapter 6 / Section 32-29-6-15
Release of mortgage
Status: in_force

Sec. 15. A certificate of release prepared, executed, and recorded in accordance with the requirements of this chapter constitutes a release of the mortgage described in that certificate of release, and the county recorder shall enter and index the certificate of release in the same manner that a release or satisfaction of mortgage is entered and indexed in the records of the county recorder.

[Pre-2002 Recodification Citation: 32-8-15.5-15.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-26-2-14 — Indiana Code / Title 32 / Article 26 / Chapter 2 / Section 32-26-2-14
Release of trespassing animal; fence not lawful
Status: in_force

Sec. 14. In an action filed under this chapter, if the court or jury finds the fence through which a stray animal breaks is not a lawful fence, the animal shall be released to the animal's owner and the occupant of the enclosure shall pay costs and damages to the animal's owner.

[Pre-2002 Recodification Citation: 32-10-2-14.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-39-2-2 — Indiana Code / Title 32 / Article 39 / Chapter 2 / Section 32-39-2-2
Rights of custodian, user, and fiduciary or designated recipient under terms-of-service agreement; modification or elimination of fiduciary's access
Status: in_force

Sec. 2. (a) This article does not change or impair a right of:

(1) a custodian; or

(2) a user;

under a terms-of-service agreement to access and use digital assets of the user.

(b) This article does not give a fiduciary or designated recipient any new or expanded rights other than the rights held by the user:

(1) for whom the fiduciary or designated recipient acts;

(2) who is represented by the fiduciary or designated recipient; or

(3) whose estate the fiduciary represents or acts for.

(c) A fiduciary's access to a user's digital assets may be modified or eliminated:

(1) by the user;

(2) by federal law; or

(3) by a terms-of-service agreement;

if the user has not given a direction under section 1(a) of this chapter or allowed or prohibited disclosure through a will, trust, power of attorney, or other record under section 1(b) of this chapter.

As added by P.L.137-2016, SEC.14.
Ind. Code § 32-17-6-4 — Indiana Code / Title 32 / Article 17 / Chapter 6 / Section 32-17-6-4
Power of appointment
Status: in_force

Sec. 4. Unless a person exercising a power of appointment expressly renounces and surrenders the right to revoke an appointment in the instrument of appointment, the person may subsequently revoke the appointment and may periodically:

(1) exercise;

(2) revoke the exercise of; and

(3) reexercise the power of appointment.

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

As added by P.L.2-2002, SEC.2.
Ind. Code § 32-30-6-9 — Indiana Code / Title 32 / Article 30 / Chapter 6 / Section 32-30-6-9
Agricultural and industrial operations; findings; continuity of operations; circumstances in which nuisance does not exist
Status: in_force

Sec. 9. (a) This section does not apply if a nuisance results from the negligent operation of an agricultural or industrial operation or its appurtenances.

(b) The general assembly declares that it is the policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. The general assembly finds that when nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations, and many persons may be discouraged from making investments in farm improvements. It is the purpose of this section to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.

(c) For purposes of this section, the continuity of an agricultural or industrial operation shall be considered to have been interrupted when the operation has been discontinued for more than one (1) year.

(d) An agricultural or industrial operation or any of its appurtenances is not and does not become a nuisance, private or public, by any changed conditions in the vicinity of the locality after the agricultural or industrial operation, as the case may be, has been in operation continuously on the locality for more than one (1) year if the following conditions exist:

(1) There is no significant change in the type of operation. A significant change in the type of agricultural operation does not include the following:

(A) The conversion from one type of agricultural operation to another type of agricultural operation.

(B) A change in the ownership or size of the agricultural operation.

(C) The:

(i) enrollment; or

(ii) reduction or cessation of participation;

of the agricultural operation in a government program.

(D) Adoption of new technology by the agricultural operation.

(2) The operation would not have been a nuisance at the time the agricultural or industrial operation began on that locality.

[Pre-2002 Recodification Citation: 34-19-1-4.]

As added by P.L.2-2002, SEC.15. Amended by P.L.23-2005, SEC.1.
Ind. Code § 32-17-4-8 — Indiana Code / Title 32 / Article 17 / Chapter 4 / Section 32-17-4-8
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-4-5-8.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.9.
Ind. Code § 32-17-2-1 — Indiana Code / Title 32 / Article 17 / Chapter 2 / Section 32-17-2-1
Application; two or more persons; conveyances and devises
Status: in_force

Sec. 1. (a) This section does not apply to:

(1) mortgages;

(2) conveyances in trust; or

(3) conveyances made to husband and wife.

(b) Every estate vested in executors or trustees as executors shall be held by them in joint tenancy.

(c) Except as provided in subsection (b), a conveyance or devise of land or of any interest in land made to two (2) or more persons creates an estate in common and not in joint tenancy unless:

(1) it is expressed in the conveyance or devise that the grantees or devisees hold the land or interest in land in joint tenancy and to the survivor of them; or

(2) the intent to create an estate in joint tenancy manifestly appears from the tenor of the instrument.

[Pre-2002 Recodification Citations: 32-1-2-7; 32-1-2-8.]

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

Sec. 7. As used in this chapter, "warranty date" means the following:

(1) In the case of a new home, the date of the first occupancy of the new home as a residence by one (1) of the following:

(A) The builder.

(B) An individual renting the home from the builder.

(C) An individual living in the home at the request of the builder.

(D) The initial home buyer.

(E) An individual renting the home from the initial home buyer.

(2) In the case of a model home, the date that the home was first used as a model home.

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

As added by P.L.2-2002, SEC.12. Amended by P.L.165-2005, SEC.9; P.L.137-2023, SEC.8.
Ind. Code § 32-34-6-2 — Indiana Code / Title 32 / Article 34 / Chapter 6 / Section 32-34-6-2
"Customer" defined
Status: in_force

Sec. 2. As used in this chapter, "customer" means an individual or entity who contracts with or causes a fabricator:

(1) to fabricate, cast, or otherwise make a die, mold, form, jig, or pattern; or

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

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

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

Sec. 2. A mortgage may not be construed to imply a covenant for the payment of the sum intended to be secured by the mortgage so as to enable the mortgagee or the mortgagee's assignees or representatives to maintain an action for the recovery of this sum. If an express covenant is not contained in the mortgage for the payment and a bond or other separate instrument to secure the payment has not been given, the remedy of the mortgagee is confined to the real property described in the mortgage.

[Pre-2002 Recodification Citation: 32-8-11-2.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-17.5-7-8 — Indiana Code / Title 32 / Article 17.5 / Chapter 7 / Section 32-17.5-7-8
Disclaimer by object or taker in default of exercise of power of appointment
Status: in_force

Sec. 8. (a) This section applies to a disclaimer of an interest in property by:

(1) an object; or

(2) a taker in default;

of exercise of a power of appointment.

(b) At any time after the power was created, the disclaimer must be:

(1) delivered to the holder of the power or to the fiduciary acting under the instrument that created the power; or

(2) filed with a court having authority to appoint a fiduciary if no fiduciary is then serving.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-23-5-3 — Indiana Code / Title 32 / Article 23 / Chapter 5 / Section 32-23-5-3
"Holder"
Status: in_force

Sec. 3. As used in this chapter, "holder" means any of the following:

(1) A governmental body that is empowered to hold an interest in real property under the laws of Indiana or the United States.

(2) A charitable corporation, charitable association, nonprofit corporation, or charitable trust, the purposes or powers of which include:

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

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

(C) protecting natural resources;

(D) protecting property bordering lakes;

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

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

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

As added by P.L.2-2002, SEC.8. Amended by P.L.49-2013, SEC.1.
Ind. Code § 32-28-12.5-8 — Indiana Code / Title 32 / Article 28 / Chapter 12.5 / Section 32-28-12.5-8
Installment payments; recording notice of lien; single claim for lien; partial releases
Status: in_force

Sec. 8. (a) This section applies to a transaction involving the conveyance or transfer of commercial real estate in which:

(1) payment to a broker company is due in installments; and

(2) a part of the installment payments is due only after the conveyance or transfer of the commercial real estate involved in the transaction.

(b) Subject to subsection (c), the broker company may record a notice of lien for those payments described in subsection (a)(2) at any time after the transfer or conveyance, but not later than ninety (90) days after the date on which the payment is due. A notice of lien under this section is effective as a lien against the transferor's interest in the commercial real estate only to the extent consideration is still owed to the transferor by the transferee. However, the lien is effective against the transferee's interest in the commercial real estate without the limitation described in this subsection.

(c) A single claim for a lien recorded:

(1) before the transfer or conveyance of the commercial real estate; and

(2) with respect to all payments due in installments;

is valid and enforceable with respect to payments due after the transfer or conveyance. However, as payments or partial payments of fees or commissions are received by the broker company, the broker company shall, by providing partial releases with respect to those payments, reduce the amount due the broker company under the notice of lien described in this subsection.

As added by P.L.78-2006, SEC.1. Amended by P.L.127-2012, SEC.54; P.L.116-2015, SEC.27.
Ind. Code § 32-34-1.5-22 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-22
Failure of owner to request payment
Status: in_force

Sec. 22. Property is reportable and payable under this chapter even if the owner fails to make demand or present an instrument or document otherwise required to obtain payment.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-29-7-1 — Indiana Code / Title 32 / Article 29 / Chapter 7 / Section 32-29-7-1
"Auctioneer"
Status: in_force

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

[Pre-2002 Recodification Citation: 32-8-16-1.3 part.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-30-6-9.5 — Indiana Code / Title 32 / Article 30 / Chapter 6 / Section 32-30-6-9.5
Frivolous nuisance actions; court costs; attorney fees
Status: in_force

Sec. 9.5. (a) If a court finds that an agricultural operation that is the subject of a nuisance action:

(1) was not a nuisance under section 9 of this chapter and that the nuisance action was frivolous, the court shall award court costs and reasonable attorney's fees, to the defendant in the action; or

(2) was a nuisance under this chapter and that the defense of the nuisance action was frivolous, the court shall award court costs, including reasonable attorney's fees, to the plaintiff in the action.

(b) Reasonable attorney's fees under subsection (a):

(1) shall be calculated based on the reasonable and customary hourly rates charged in the county in which the action occurred; and

(2) may include fees for only one (1) attorney, no matter how many attorneys were actually employed by the party.

(c) The determination that an action was initiated or maintained frivolously may not be based on the mere fact that a party did not prevail.

As added by P.L.73-2012, SEC.1.
Ind. Code § 32-25.5-3.7-1.5 — Indiana Code / Title 32 / Article 25.5 / Chapter 3.7 / Section 32-25.5-3.7-1.5
"Licensed physician"
Status: in_force

Sec. 1.5. As used in this chapter, "licensed physician" has the meaning set forth in IC 16-18-2-202.

As added by P.L.159-2024, SEC.1.
Ind. Code § 32-22-3.5-3 — Indiana Code / Title 32 / Article 22 / Chapter 3.5 / Section 32-22-3.5-3
"Business entity"
Status: in_force

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

(1) a corporation, professional corporation, nonprofit corporation, limited liability company, partnership, or limited partnership; or

(2) the equivalent of any entity described in subdivision (1).

As added by P.L.131-2026, SEC.5.
Ind. Code § 32-25.5-5-7 — Indiana Code / Title 32 / Article 25.5 / Chapter 5 / Section 32-25.5-5-7
"Respondent"
Status: in_force

Sec. 7. As used in this chapter, "respondent" refers to the party against whom a claimant has a claim.

As added by P.L.141-2015, SEC.14.
Ind. Code § 32-17.5-8-1 — Indiana Code / Title 32 / Article 17.5 / Chapter 8 / Section 32-17.5-8-1
Waiver
Status: in_force

Sec. 1. A disclaimer is barred by a written waiver of the right to disclaim if the waiver is:

(1) executed before the date of the disclaimer;

(2) executed by the person having the right to disclaim; and

(3) delivered or filed in the same manner that a disclaimer would be delivered or filed under IC 32-17.5-7.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-34-9-4 — Indiana Code / Title 32 / Article 34 / Chapter 9 / Section 32-34-9-4
Additional compensation; sawlogs or other logs or trees
Status: in_force

Sec. 4. If a person finds any sawlog or other log or trees prepared for sale as described in this chapter and the property remains in the person's possession more than thirty (30) days after the time the person found the property to the time the owner offers to pay the charges described in section 1 of this chapter, the finder is entitled to charge, in addition to the fee set forth in section 1 of this chapter, twenty-five cents ($0.25) for every sawlog or other log or tree prepared for sale that remains in the person's possession as described in this section.

[Pre-2002 Recodification Citation: 32-9-5-3.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-30-3.1-9 — Indiana Code / Title 32 / Article 30 / Chapter 3.1 / Section 32-30-3.1-9
Recovery for lasting improvements
Status: in_force

Sec. 9. (a) A claimant occupying real property who has color of title may recover the value of lasting improvements to the real property made by the party under whom the claimant claims, as well as those improvements made by the occupying claimant.

(b) A person holding the premises as a purchaser, by an agreement in writing from the party having color of title, is entitled to the remedy set forth in subsection (a).

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

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-16-1-1 — Indiana Code / Title 32 / Article 16 / Chapter 1 / Section 32-16-1-1
"Prior property law"
Status: repealed

Sec.1. As used in this chapter, "prior property law" refers to the statutes that are repealed or amended in the recodification act of the 2002 regular session of the general assembly as the statutes existed before the effective date of the applicable or corresponding provision of the recodification act of the 2002 regular session of the general assembly.

[2002 Recodification Citation: New.]

As added by P.L.2-2002, SEC.1.
Ind. Code § 32-33-3-5 — Indiana Code / Title 32 / Article 33 / Chapter 3 / Section 32-33-3-5
Posting notice of sale
Status: in_force

Sec. 5. All persons, firms, partnerships, limited liability companies, or corporations taking advantage of this chapter must keep posted in a prominent place in their receiving office at all times two (2) notices that must read as follows:

"All articles cleaned, pressed, glazed, laundered, washed, altered, or repaired and not called for in ninety (90) days shall be sold to pay charges," and "If any articles are stored by agreement and the charges are not paid for ninety (90) days, the articles shall be sold to pay charges."

[Pre-2002 Recodification Citation: 32-8-23-5.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-34-1.5-15 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-15
Property subject to custody of state as unclaimed property
Status: in_force

Sec. 15. Except as provided in sections 12, 13, and 14 of this chapter, the attorney general may take custody of property presumed abandoned whether located in this state or another state if:

(1) the transaction out of which the property arose took place in this state;

(2) the holder is domiciled in a state that does not provide for the custodial taking of the property, except that if the property is specifically exempt from custodial taking under the law of the state of the holder's domicile, the property is not subject to the custody of the attorney general; and

(3) the last known address of the apparent owner or other person entitled to the property is unknown or in a state that does not provide for the custodial taking of the property, except that if the property is specifically exempt from custodial taking under the law of the state of the last known address, the property is not subject to the custody of the attorney general.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-31-1-13 — Indiana Code / Title 32 / Article 31 / Chapter 1 / Section 32-31-1-13
Alienees of lessors and lessees; remedies
Status: in_force

Sec. 13. An alienee of a lessor or lessee of land has the same legal remedies in relation to the land as the lessor or lessee.

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

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-20-4-2 — Indiana Code / Title 32 / Article 20 / Chapter 4 / Section 32-20-4-2
Notice of claim; contents; indexing by county recorder
Status: in_force

Sec. 2. (a) To be effective and to be entitled to be recorded, the notice referred to in section 1 of this chapter must contain the following:

(1) An accurate and full description of all land affected by the notice in specific terms. However, if the claim is founded upon a recorded instrument, then the description in the notice may be the same as that contained in the recorded instrument.

(2) The name and address of the claimant.

(3) The name and address of the person preparing the notice if other than the claimant.

This notice must be filed for record in the office of the recorder of a county where the land described is situated.

(b) A county recorder shall accept all notices presented to the recorder that describe land located in the county that the recorder serves. The recorder shall enter and record full copies of the notice in the same way that deeds are recorded. Each recorder shall charge the same fees for recording a notice as are charged for recording deeds.

(c) Each recorder shall index the notices in the same manner that deeds are indexed. Until the notice is recorded and correctly indexed, a notice does not comply with section 1 of this chapter regarding notice.

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

As added by P.L.2-2002, SEC.5.
Ind. Code § 32-22-1-1 — Indiana Code / Title 32 / Article 22 / Chapter 1 / Section 32-22-1-1
Mentally incompetent persons and minors
Status: in_force

Sec. 1. Except as provided in section 3 of this chapter, a:

(1) mentally incompetent person; or

(2) person less than eighteen (18) years of age;

may not alienate land or any interest in land.

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

As added by P.L.2-2002, SEC.7.
Ind. Code § 32-17-13-3 — Indiana Code / Title 32 / Article 17 / Chapter 13 / Section 32-17-13-3
Priority of liability to probate estate
Status: in_force

Sec. 3. Nonprobate transferees are liable for the insufficiency described in section 2 of this chapter in the following order:

(1) As provided in the deceased transferor's will or other governing instrument.

(2) To the extent of the value of the nonprobate transfer received or controlled by the trustee of trusts that can be amended, modified, or revoked by the decedent during the deceased transferor's lifetime. If there is more than one (1) such trust, in proportion to the relative value of the trusts.

(3) Other nonprobate transferees in proportion to the values received.

As added by P.L.165-2002, SEC.11. Amended by P.L.163-2018, SEC.17.
Ind. Code § 32-34-8-10 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-10
Sale of horse, mule, or ass if value exceeds $20; proceeds distribution; receipts
Status: in_force

Sec. 10. (a) If a horse, a mule, or an ass that has an appraised value greater than twenty dollars ($20) remains unclaimed or unproven twelve (12) months after the date the horse, mule, or ass was found, the finder shall deliver the horse, mule, or ass to the sheriff of the proper county on the first day of the term of the circuit court after the expiration of the twelve (12) month period.

(b) The sheriff shall sell the horse, mule, or ass delivered under subsection (a) at a public sale.

(c) After retaining one dollar ($1) for the sheriff's services and paying to the finder the charges as provided by this chapter, the sheriff shall pay the proceeds of the sale to the treasurer of the county within five (5) days after the sale.

(d) The sheriff shall receive from the treasurer duplicate receipts and file one (1) receipt in the clerk's office and the other receipt with the county auditor.

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

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-33-4-4 — Indiana Code / Title 32 / Article 33 / Chapter 4 / Section 32-33-4-4
Perfecting lien; procedure; contest
Status: in_force

Sec. 4. (a) To perfect the lien provided for in section 3 of this chapter, the hospital must file for record in the office of the recorder of the county in which the hospital is located, within ninety (90) days after the person is discharged or not later than the date of the final settlement, compromise, or resolution of the cause of action, suit, or claim accruing to the patient, whichever occurs first, a verified statement in writing stating:

(1) the name and address of the patient as it appears on the records of the hospital;

(2) the name and address of the operator of the hospital;

(3) the dates of the patient's admission to and discharge from the hospital;

(4) the amount claimed to be due for the hospital care; and

(5) to the best of the hospital's knowledge, the names and addresses of anyone claimed by the patient or the patient's legal representative to be liable for damages arising from the patient's illness or injury.

(b) Within ten (10) days after filing the statement, the hospital shall send a copy by registered mail, postage prepaid:

(1) to each person claimed to be liable because of the illness or injury at the address given in the statement;

(2) to the attorney representing the patient if the name of the attorney is known or with reasonable diligence could be discovered by the hospital; and

(3) to the department of insurance as notice to insurance companies doing business in Indiana.

(c) The filing of a claim under subsections (a) and (b) is notice to any person, firm, limited liability company, or corporation that may be liable because of the illness or injury if the person, firm, limited liability company, or corporation:

(1) receives notice under subsection (b);

(2) resides or has offices in a county where the lien was perfected or in a county where the lien was filed in the recorder's office as notice under this subsection; or

(3) is an insurance company authorized to do business in Indiana under IC 27-1-3-20.

(d) A lien:

(1) is effective under this chapter on the date a hospital complies with subsections (a) and (b); and

(2) may not be made retroactive to any prior date.

(e) A person desiring to contest a lien or the reasonableness of the charges claimed by the hospital may do so by filing a motion to quash or reduce the claim in the circuit court, superior court, or probate court in which the lien was perfected, making all other parties of interest respondents.

[Pre-2002 Recodification Citation: 32-8-26-4.]

As added by P.L.2-2002, SEC.18. Amended by P.L.173-2013, SEC.4; P.L.84-2016, SEC.145.
Ind. Code § 32-30-5-7 — Indiana Code / Title 32 / Article 30 / Chapter 5 / Section 32-30-5-7
Receiver's powers
Status: in_force

Sec. 7. The receiver may, under control of the court or the judge:

(1) bring and defend actions;

(2) take and keep possession of the property;

(3) receive rents;

(4) collect debts; and

(5) sell property;

in the receiver’s own name, and generally do other acts respecting the property as the court or judge may authorize.

[Pre-2002 Recodification Citation: 34-48-1-7.]

As added by P.L.2-2002, SEC.15. Amended by P.L.177-2003, SEC.1.
Ind. Code § 32-30-7-12 — Indiana Code / Title 32 / Article 30 / Chapter 7 / Section 32-30-7-12
Preliminary injunction; burden of proof; temporary forfeiture; closure pending final decision on permanent injunction
Status: in_force

Sec. 12. (a) If the plaintiff has applied for a preliminary injunction under section 9(a) of this chapter and, at the preliminary injunction hearing, the plaintiff proves by a preponderance of the evidence that the indecent nuisance exists as alleged in the complaint, the court shall issue a preliminary injunction, without additional bond, restraining the defendant and any other person from continuing the indecent nuisance.

(b) If a defendant is enjoined under subsection (a) and it appears that the person owning, in control of, or in charge of the indecent nuisance received five (5) days notice of the hearing, the court shall:

(1) declare a temporary forfeiture of the use of the real property upon which the indecent nuisance is located and the personal property located at the site; and

(2) immediately issue an order closing the place against its use for any purpose until a final decision is rendered on the application for a permanent injunction;

unless the person owning, in control of, or in charge of the indecent nuisance shows to the satisfaction of the court, by competent and admissible evidence subject to cross-examination, that the indecent nuisance complained of has been abated by the person.

[Pre-2002 Recodification Citation: 34-19-2-7.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-27-1-7 — Indiana Code / Title 32 / Article 27 / Chapter 1 / Section 32-27-1-7
"Major structural defect" defined
Status: in_force

Sec. 7. As used in this chapter, "major structural defect" means actual physical damage to the load bearing functions of the load bearing parts of the home that:

(1) were installed, altered, or repaired by the remodeler in the course of remodeling the home; or

(2) although not installed, altered, or repaired by the remodeler, were directly damaged by the work of the remodeler;

to the extent that the home becomes unsafe, unsanitary, or otherwise unlivable.

[Pre-2002 Recodification Citation: 24-5-11.5-7.]

As added by P.L.2-2002, SEC.12.
Ind. Code § 32-23-5-8 — Indiana Code / Title 32 / Article 23 / Chapter 5 / Section 32-23-5-8
Taxation
Status: in_force

Sec. 8. For the purposes of IC 6-1.1, real property that is subject to a conservation easement shall be assessed and taxed on a basis that reflects the easement.

[Pre-2002 Recodification Citation: 32-5-2.6-7.]

As added by P.L.2-2002, SEC.8.
Ind. Code § 32-30-5-1 — Indiana Code / Title 32 / Article 30 / Chapter 5 / Section 32-30-5-1
Appointment of receivers; cases
Status: in_force

Sec. 1. (a) As used in this section, "utility" means a utility, however organized, that:

(1) provides electric, gas, water, or wastewater retail utility service to customers in Indiana; or

(2) is owned, operated, or held in trust by a consolidated city.

(b) A receiver may be appointed by the court in the following cases:

(1) In an action by a vendor to vacate a fraudulent purchase of property or by a creditor to subject any property or fund to the creditor's claim.

(2) In actions between partners or persons jointly interested in any property or fund.

(3) In all actions when it is shown that the property, fund or rent, and profits in controversy are in danger of being lost, removed, or materially injured.

(4) In actions in which a mortgagee seeks to foreclose a mortgage. However, upon motion by the mortgagee, the court shall appoint a receiver if, at the time the motion is filed, the property is not occupied by the owner as the owner's principal residence and:

(A) it appears that the property is in danger of being lost, removed, or materially injured;

(B) it appears that the property may not be sufficient to discharge the mortgaged debt;

(C) either the mortgagor or the owner of the property has agreed in the mortgage or in some other writing to the appointment of a receiver;

(D) a person not personally liable for the debt secured by the mortgage has, or is entitled to, possession of all or a portion of the property;

(E) the owner of the property is not personally liable for the debt secured by the mortgage; or

(F) all or any portion of the property is being, or is intended to be, leased for any purpose.

(5) When a corporation, professional corporation, nonprofit corporation, limited liability company, partnership, or another legal entity described in IC 23:

(A) has been dissolved;

(B) is insolvent;

(C) is in imminent danger of insolvency; or

(D) has forfeited its corporate rights.

(6) To protect or preserve, during the time allowed for redemption, any real estate or interest in real estate sold on execution or order of sale, and to secure rents and profits to the person entitled to the rents and profits.

(7) Upon request by a utility providing utility service to a mobile home community (as defined in IC 16-41-27-5), or to a multifamily residential property with more than four (4) dwelling units, when the property owner has failed to pay:

(A) invoiced utility bills for a period greater than ninety (90) days from the due date of the initial outstanding invoice; or

(B) amounts due under a curative payment plan for a period of at least sixty (60) days from the initial due date prescribed under the payment plan;

notwithstanding any other right the utility has to secure payment.

(8) In other cases as may be provided by law or where, in the discretion of the court, it may be necessary to secure ample justice to the parties.

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

As added by P.L.2-2002, SEC.15. Amended by P.L.5-2023, SEC.1; P.L.175-2025, SEC.2.
Ind. Code § 32-34-8-21 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-21
Fatted hogs
Status: in_force

Sec. 21. (a) Fatted hogs that are found may, at the option of the finder, be killed one (1) month after posting.

(b) If fatted hogs are killed under subsection (a), the finder shall, immediately after killing the hogs, pay the hogs' appraised values, deducting costs and charges (to be liquidated as in other cases) to the county treasurer for the use of the owner.

[Pre-2002 Recodification Citation: 32-9-3-21.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-17.5-3-1 — Indiana Code / Title 32 / Article 17.5 / Chapter 3 / Section 32-17.5-3-1
Disclaiming power or interest in property
Status: in_force

Sec. 1. A person may disclaim, in whole or part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if the creator of the interest or power imposed:

(1) a spendthrift provision or similar restriction on transfer; or

(2) a restriction or limitation on the right to disclaim.

As added by P.L.5-2003, SEC.1.
Ind. Code § 32-18-1-9 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-9
Appraisal; set off to resident household assignor
Status: in_force

Sec. 9. (a) If the assignor is a resident householder of Indiana, the appraisers shall set off to the assignor articles of property or so much of the real estate mentioned in the inventory as the assignor may select, not to exceed three hundred dollars ($300).

(b) The appraisers shall, in an appraisement, specify what articles of property and the value of the property, or what part of the real estate and its value, they have set apart to the assignor.

[Pre-2002 Recodification Citation: 32-12-1-9.]

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-21-1-3 — Indiana Code / Title 32 / Article 21 / Chapter 1 / Section 32-21-1-3
Conveyance; trust in lands; goods; things in action
Status: in_force

Sec. 3. A conveyance of an existing trust in land, goods, or things in action is void unless the conveyance is in writing and signed by the party making the conveyance or by the party's lawful agent.

[Pre-2002 Recodification Citation: 32-2-1-3.]

As added by P.L.2-2002, SEC.6.
Ind. Code § 32-34-1.5-70 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-70
Action with or on behalf of another state or foreign country
Status: in_force

Sec. 70. (a) The attorney general may join another state or foreign country to examine and seek enforcement of this chapter against a putative holder.

(b) On request of another state or foreign country, the attorney general may commence an action on behalf of the other state or country to enforce, in this state, the law of the other state or country against a putative holder subject to a claim by the other state or country, if the other state or country agrees to pay the costs incurred by the attorney general in the action.

(c) The attorney general may request the official authorized to enforce the unclaimed property law of another state or foreign country to commence an action to recover property in the other state or country on behalf of the attorney general. The state shall pay all the costs, including reasonable attorney's fees and expenses, incurred by the other state or foreign country in an action under this subsection.

(d) The attorney general may pursue an action on behalf of this state to recover property subject to this chapter but delivered to the custody of another state if the attorney general believes the property is subject to the custody of the attorney general.

(e) The attorney general may retain an attorney in this state, another state, or a foreign country to commence an action to recover property on behalf of the attorney general and may agree to pay attorney's fees based in whole or in part on a fixed fee, hourly fee, or a percentage of the amount or value of property recovered in the action.

(f) Expenses incurred by the state in an action under this section may be paid from property received under this chapter or the net proceeds of the property. Expenses paid to recover property may not be deducted from the amount that is subject to a claim under this chapter by the owner.

As added by P.L.141-2021, SEC.20. Amended by P.L.9-2022, SEC.71.
Ind. Code § 32-23-7-6.5 — Indiana Code / Title 32 / Article 23 / Chapter 7 / Section 32-23-7-6.5
Notice to surface owner of intent to enter property
Status: in_force

Sec. 6.5. (a) This section does not apply in the event of an emergency entry.

(b) Unless otherwise agreed by the surface owner, a person who is an owner or holder of an oil and gas mineral interest or coal bed methane mineral interest and who wants to enter land for the purpose of surveying a drilling location must provide to the surface owner a written notice of the person's intent to enter the property at least five (5) days before the person's entry.

(c) The written notice under subsection (b) may be given by personal delivery or by certified mail:

(1) to the last known address of each person who is liable for any property taxes on the property as shown on the tax duplicate; or

(2) to the last known address of the most recent owner of the property shown in the transfer book.

As added by P.L.140-2011, SEC.26. Amended by P.L.6-2012, SEC.210.
Ind. Code § 32-24-2-10 — Indiana Code / Title 32 / Article 24 / Chapter 2 / Section 32-24-2-10
Remonstrances; appeal
Status: in_force

Sec. 10. (a) A person notified or considered to be notified under this chapter may appear before the works board on the day fixed for hearing remonstrances to awards and assessments and the municipality's right to exercise the power of eminent domain for the use sought and remonstrate in writing against them.

(b) After the remonstrances have been received, the works board shall either sustain or modify the awards or assessments in the case of remonstrances that have been filed that are based on the amount of the awards or assessments. The works board shall sustain the award or assessment in the case of an award or assessment against which a remonstrance has not been filed.

(c) If a person remonstrates in writing an objection to the municipality's right to exercise the power of eminent domain for the use sought, the works board shall consider the remonstrance and confirm, modify, or rescind its original resolution.

(d) A person remonstrating in writing who is aggrieved by the decision of the works board may, not later than thirty (30) days after the decision is made, take an appeal to a court that has jurisdiction in the county in which the municipality is located. The appeal affects only the assessment or award of the person appealing.

[Pre-2002 Recodification Citation: 32-11-1.5-7.]

As added by P.L.2-2002, SEC.9. Amended by P.L.80-2020, SEC.6.
Ind. Code § 32-34-1.5-4 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-4
Presumption of abandonment
Status: in_force

Sec. 4. Subject to section 11 of this chapter, the following property is presumed abandoned if it is unclaimed by the apparent owner during the period specified as follows:

(1) For a traveler's check, fifteen (15) years after issuance.

(2) For a money order, seven (7) years after issuance.

(3) For a state or municipal bond, bearer bond, or original issue discount bond, three (3) years after the earliest of the date the bond matures or is called or the obligation to pay the principal of the bond arises.

(4) For a debt of a business association, three (3) years after the obligation to pay arises.

(5) For a payroll card or demand, savings, or time deposit, including a deposit that is automatically renewable, three (3) years after the maturity of the deposit. This does not include a deposit that is automatically renewable, which is deemed matured on its initial date of maturity unless the apparent owner consented in a record on file with the holder to renewal at the time of account opening or at or about the time of the renewal.

(6) For money owed to a customer as a result of a retail business transaction, three (3) years after the obligation arose.

(7) For an amount owed by an insurance company on a life or endowment insurance policy or an annuity contract that has matured or terminated, three (3) years after the obligation to pay arose under the terms of the policy or contract. If a policy or contract for which an amount is owed on proof of death has not matured by proof of the death of the insured or annuitant, the amount must be paid as follows:

(A) With respect to an amount owed on a life or endowment insurance policy, three (3) years after the earlier of the date the insurance company has knowledge of the death of the insured or the insured has attained, or would have attained if living, the limiting age under the mortality table on which the reserve for the policy is based.

(B) With respect to an amount owed on an annuity contract, three (3) years after the date the insurance company has knowledge of the death of the annuitant.

(8) For property distributable by a business association in the course of dissolution, one (1) year after the property becomes distributable.

(9) For property held by a court, including property received as proceeds of a class action, three (3) years after the property becomes distributable.

(10) For property held by a government or governmental subdivision, agency, or instrumentality, including municipal bond interest and unredeemed principal under the administration of a paying agent or indenture trustee, one (1) year after the property becomes distributable.

(11) For wages, commissions, bonuses, or reimbursements to which an employee is entitled, or other compensation for personal services, other than amounts held in a payroll card, one (1) year after the amount becomes payable.

(12) For a deposit or refund owed to a subscriber by a utility, one (1) year after the deposit or refund becomes payable.

(13) For property not specified in this section or sections 8 and 9 of this chapter, the earlier of three (3) years after the owner first has a right to demand the property or the obligation to pay or distribute the property arises.

As added by P.L.141-2021, SEC.20. Amended by P.L.101-2023, SEC.2.
Ind. Code § 32-26-2-19 — Indiana Code / Title 32 / Article 26 / Chapter 2 / Section 32-26-2-19
Removal of fence erected on land of another; damages
Status: in_force

Sec. 19. (a) This section applies to a person who, by mistake, erects a fence on the property of another person.

(b) Within six (6) months after the determination of the legal property line, a person to whom this section applies may enter upon the other person's property and remove the fence that the person to whom this section applies erected. Before entering upon the other person's property, the person to whom this section applies must pay or offer to pay to the other person reasonable damages for injury caused in passing over the property to remove the fence.

[Pre-2002 Recodification Citation: 32-10-2-19.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-32-3-1 — Indiana Code / Title 32 / Article 32 / Chapter 3 / Section 32-32-3-1
Registration with division
Status: in_force

Sec. 1. (a) Before a developer may offer to sell any time shares or camping club memberships in this state, the developer must register with the division under this section.

(b) A person who applies for registration under this section shall submit an application in the manner provided by the division and shall disclose the following information under oath:

(1) The names and addresses of all officers, project managers, marketing agencies, advertising agencies, and exchange companies who are actively involved in soliciting or selling time share units or camping club memberships.

(2) The name and address of each person who owns an interest of ten percent (10%) or more in the registrant, except for reporting companies under the Securities Exchange Act of 1934.

(3) A copy of the document in which the time share project or camping club project is created.

(4) A preliminary title report for the time share project or camping club project and copies of the documents listed as exceptions in the report showing any encumbrances.

(5) Copies of and instructions for escrow agreements, deeds, and sales contracts.

(6) Documents that show the current assessments for property taxes on the time share project or camping club project.

(7) A copy of bylaws or similar instrument that creates any community ownership relationship.

(8) Copies of all documents that will be given to a participant who is interested in participating in a program for the exchange of occupancy rights among time share participants or camping club members, and copies of the documents that show acceptance of the time share or camping club membership in the program.

(c) A developer who knowingly or intentionally offers to sell any time shares or camping club memberships in this state before registering with the division under this section commits a Level 6 felony.

[Pre-2002 Recodification Citation: 24-5-9-22.]

As added by P.L.2-2002, SEC.17. Amended by P.L.158-2013, SEC.334.
Ind. Code § 32-32-3-5 — Indiana Code / Title 32 / Article 32 / Chapter 3 / Section 32-32-3-5
Requirements of membership agreement
Status: in_force

Sec. 5. A time share project and camping club project must be created by a time share instrument or camping club membership agreement. The membership agreement must include the following provisions:

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

(2) The name and location of the time share project or camping club project.

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

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

(5) A procedure to add units to the time share project or camping club project.

(6) Provisions for maintenance of the time share units or camp sites.

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

(8) A procedure to amend the time share instrument or the camping club membership agreement.

(9) A description of the rights of the purchaser relating to the occupancy of the time share unit or camping site.

[Pre-2002 Recodification Citation: 24-5-9-26.]

As added by P.L.2-2002, SEC.17.
Ind. Code § 32-17-4-18 — Indiana Code / Title 32 / Article 17 / Chapter 4 / Section 32-17-4-18
Repealed
Status: repealed

[Pre-2002 Recodification Citation: 32-4-5-19.]

As added by P.L.2-2002, SEC.2. Repealed by P.L.41-2012, SEC.19.
Ind. Code § 32-34-1.5-69 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-69
Exchanging records with another state or foreign country
Status: in_force

Sec. 69. (a) Subject to subsection (b), the attorney general may:

(1) exchange information with another state or foreign country relating to property presumed abandoned or relating to the possible existence of property presumed abandoned; and

(2) authorize in a record another state or foreign country or a person acting on behalf of the other state or country to examine its records of a putative holder under sections 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, and 62 of this chapter.

(b) An exchange or examination under subsection (a) may be done only if the state or foreign country has confidentiality and security requirements substantially equivalent to those in sections 77, 78, 79, 80, 81, 82, 83, and 84 of this chapter or agrees in a record to be bound by this state's confidentiality and security requirements.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-33-11-3 — Indiana Code / Title 32 / Article 33 / Chapter 11 / Section 32-33-11-3
Notice of intention to hold lien; recording; priority
Status: in_force

Sec. 3. (a) The recorder shall record the notice of intention to hold a lien filed under section 2(a) of this chapter, when presented, in the miscellaneous record book. The recorder shall receive fees in accordance with IC 36-2-7-10.

(b) All liens created in this manner:

(1) relate to the date the labor was begun or money advanced; and

(2) have priority over all liens suffered or created after that date.

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

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-34-8-5 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-5
Description, valuation, and fee
Status: in_force

Sec. 5. A court receiving the property report prepared under section 2 (b) of this chapter shall, within ten (10) days, transmit to the clerk of the circuit court a copy of the description and valuation of the property, together with the proper fee. The clerk shall enter the description and appraisal in a book to be kept for that purpose.

[Pre-2002 Recodification Citation: 32-9-3-5.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-31-9-12 — Indiana Code / Title 32 / Article 31 / Chapter 9 / Section 32-31-9-12
Termination of rental agreements by protected individuals; written notices; liability
Status: in_force

Sec. 12. (a) A protected individual who is a tenant may terminate the protected individual's rights and obligations under a rental agreement by providing the landlord with a written notice of termination in compliance with this section.

(b) A protected individual must give written notice of termination under this section to the landlord at least thirty (30) days before the termination date stated in the notice.

(c) The written notice required by this section must include:

(1) a copy of:

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

(B) a criminal no contact order that restrains a perpetrator from contact with the protected individual; and

(2) if the protected individual is a victim of domestic violence or sexual assault, a copy of a safety plan, which must satisfy the following:

(A) The plan must be dated not more than thirty (30) days before the date on which the protected individual provides the written notice to the landlord under this section.

(B) The plan must be provided by an accredited domestic violence or sexual assault program.

(C) The plan must recommend relocation of the protected individual.

(d) If a protected individual's rights and obligations under a rental agreement are terminated under this section, the protected individual is liable for the rent and other expenses due under the rental agreement:

(1) prorated to the effective date of the termination; and

(2) payable at the time when payment of rent would have been required under the rental agreement.

A protected individual whose rights and obligations under a rental agreement are terminated under this section is not liable for any other rent or fees that would be due only because of the early termination of the protected individual's rights and obligations under the rental agreement. If a protected individual terminates the rental agreement at least fourteen (14) days before the protected individual would first have the right to occupy the dwelling unit under the lease, the individual is not subject to any damages or penalties.

(e) Notwithstanding section 13 of this chapter, a protected individual is entitled to deposits, returns, and other refunds as if the tenancy terminated by expiring under the terms of the rental agreement.

As added by P.L.22-2007, SEC.2.
Ind. Code § 32-32.5-1-1 — Indiana Code / Title 32 / Article 32.5 / Chapter 1 / Section 32-32.5-1-1
Applicability
Status: in_force

Sec. 1. The definitions in this chapter apply throughout this article.

As added by P.L.106-2021, SEC.1.
Ind. Code § 32-30-2-5 — Indiana Code / Title 32 / Article 30 / Chapter 2 / Section 32-30-2-5
Answer to complaint; denials
Status: in_force

Sec. 5. The answer of the defendant to a complaint under section 4 of this chapter may contain a denial of each material statement or allegation in the plaintiff's complaint. With each denial, the defendant may give in evidence every legal or equitable defense to the action that the defendant may have.

[Pre-2002 Recodification Citation: 32-15-2-5.]

As added by P.L.2-2002, SEC.15.
Ind. Code § 32-29-6-1 — Indiana Code / Title 32 / Article 29 / Chapter 6 / Section 32-29-6-1
"Mortgage"
Status: in_force

Sec. 1. As used in this chapter, "mortgage" means a mortgage or mortgage lien on an interest in real property in Indiana given to secure a loan in the original principal amount of not more than one million dollars ($1,000,000).

[Pre-2002 Recodification Citation: 32-8-15.5-1.]

As added by P.L.2-2002, SEC.14.
Ind. Code § 32-26-1-15 — Indiana Code / Title 32 / Article 26 / Chapter 1 / Section 32-26-1-15
Supplemental assessments
Status: in_force

Sec. 15. (a) If the board of directors finds that any lands that will be affected by the proposed work have been omitted from the assessment or that any mistake has occurred in the assessment, the board may order a supplemental assessment for the correction of mistakes.

(b) The owners of all lands directly affected by the supplemental assessment shall have notice of the time and place of making the supplemental assessment and of a time when and place where the owners may be heard regarding the supplemental assessment in the same manner as in respect to the original assessment.

(c) The supplemental assessment, when completed, shall be filed for record in the same manner as the original assessment.

(d) The supplemental assessment shall, from that date, be a lien on the lands described in the supplemental assessment in like manner as the original assessment.

[Pre-2002 Recodification Citation: 32-10-1-15.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-26-1-5 — Indiana Code / Title 32 / Article 26 / Chapter 1 / Section 32-26-1-5
Petition; viewers; examination and apportionment of assessments
Status: in_force

Sec. 5. (a) The board of directors shall petition the board of commissioners of the county where the fence is to be located.

(b) The petition must do the following:

(1) Be signed by the owners of the major part of the improved land.

(2) Give a full description of the contemplated work, specifying particularly:

(A) the points of beginning and ending of the work;

(B) the course and distances of the work;

(C) the manner and character of the gates to be placed on all public highways crossed;

(D) the nature and character of the improvement;

(E) a detailed statement of the projected cost, as accurately as the projected cost can conveniently be stated; and

(F) the description of the area to be enclosed.

(3) Request the appointment of viewers to view and apportion among the owners of real estate in the area the cost of the improvement, and all expenses that:

(A) are incurred procuring the improvement; and

(B) are considered to be necessary in maintaining the improvement for one (1) year after the completion of the fence.

(c) The apportionment of the cost and expenses incurred under this chapter must be made according to the number of acres of land owned by each landowner that is improved and used for the purposes of cultivation, as described in section 6 of this chapter.

(d) The board of commissioners, on proof that the signers of the petition own the major part of the improved land in the area, shall hear and consider the petition. If the board of commissioners decides the improvement is a public utility and is in the best interests of the owners of the lands in the area, the board of commissioners shall appoint three (3) viewers.

(e) The viewers, who may not be members of the association or interested in the proposed work, shall make the apportionments described in subsection (b)(3) among the landowners.

(f) The viewers shall be furnished:

(1) a copy of the plan and profile of the proposed work; and

(2) a certified copy of the order of the board of commissioners for their appointment.

(g) The viewers shall meet at a time and place in the area to make the apportionment as fixed by the board of commissioners.

(h) Before the apportionment begins, the owners of improved land in the area are entitled to notice of the time when and place where the viewers will begin the examination of lands and the apportionment of assessments by written or printed notices posted at the door of the courthouse of the county and five (5) public places in the area.

[Pre-2002 Recodification Citation: 32-10-1-5.]

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-33-14-3 — Indiana Code / Title 32 / Article 33 / Chapter 14 / Section 32-33-14-3
Proceeds of sale; disposition
Status: in_force

Sec. 3. The proceeds of a sale under section 2 of this chapter, after payment of all lien charges, together with the expenses of notice and sale, shall, if the owner is absent from the sale, be deposited with the county treasurer of the county in which the sale occurred. A receipt shall be issued for the proceeds. The proceeds are subject to the order of the person legally entitled to the proceeds.

[Pre-2002 Recodification Citation: 32-8-35-3.]

As added by P.L.2-2002, SEC.18.
Ind. Code § 32-28-12.5-1 — Indiana Code / Title 32 / Article 28 / Chapter 12.5 / Section 32-28-12.5-1
"Commercial real estate"
Status: in_force

Sec. 1. As used in this chapter, "commercial real estate" means any real estate other than:

(1) real estate containing one (1) to four (4) residential units;

(2) real estate on which no buildings or structures are located and that is zoned for single family residential use; or

(3) single family residential units such as:

(A) condominiums;

(B) townhouses; or

(C) homes in a subdivision when sold, leased, or otherwise conveyed on a unit-by-unit basis, even if those units are part of a larger building or parcel or real estate containing more than four (4) residential units.

As added by P.L.78-2006, SEC.1.
Ind. Code § 32-34-8-19 — Indiana Code / Title 32 / Article 34 / Chapter 8 / Section 32-34-8-19
Limitations; time and place of taking up animals
Status: in_force

Sec. 19. (a) Except as provided in subsection (c), a person may not:

(1) take up any horse or stock under this chapter except at the person's place of residence; or

(2) drive any horse or stock out of the woods and take them up under this chapter.

(b) Except as provided in subsection (c), an animal may not be taken up under this chapter between the first day of April and the first day of November unless the animal is found in the enclosure of the person who takes up the animal.

(c) When any animal may be in the act of escaping from the owner, it may be taken up at any time, wherever found.

[Pre-2002 Recodification Citation: 32-9-3-19.]

As added by P.L.2-2002, SEC.19.
Ind. Code § 32-28-7-3 — Indiana Code / Title 32 / Article 28 / Chapter 7 / Section 32-28-7-3
Public improvement assessments; expiration of liens
Status: in_force

Sec. 3. (a) Except as provided in subsection (b), the lien of an assessment for a:

(1) street;

(2) sewer;

(3) sidewalk;

(4) ditch; or

(5) other public improvement;

expires five (5) years after the assessment (including any installment payments) is due and payable, as shown by the record creating the lien.

(b) If an assessment is payable in installments, an action to enforce the lien may be brought within fifteen (15) years after the date of the approval of the record creating the lien. After the expiration of this time period, upon the request of the owner of record of the encumbered real estate, the custodian of the record evidencing the lien, in the jurisdiction in which the real estate is situated, shall certify on the record that the lien of the assessment for street, sewer, sidewalk, ditch, or other public improvement is satisfied and released by lapse of time and that the encumbered real estate is released from the lien.

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

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-34-1.5-32.5 — Indiana Code / Title 32 / Article 34 / Chapter 1.5 / Section 32-34-1.5-32.5
United States savings bonds
Status: in_force

Sec. 32.5. (a) Notwithstanding section 30(a) of this chapter, United States savings bonds that are presumed abandoned under this chapter escheat to the state subject to the provisions of this chapter. All property rights and legal title to United States savings bonds and proceeds from United States savings bonds vest solely in the state.

(b) If:

(1) a claim has not been made for a United States savings bond in accordance with the provisions of this chapter within one hundred eighty (180) days after the bond stops earning interest; and

(2) the attorney general brings an action in a court with competent jurisdiction;

the court shall enter a judgment for the state concerning the bond if the court is satisfied with the evidence that the attorney general has substantially complied with this chapter and the laws of the state.

(c) The attorney general shall:

(1) collect all United States savings bonds escheated to the state, including any proceeds from the bonds; and

(2) transfer all money received to the treasurer of state under section 42 of this chapter.

(d) A person who wishes to make a claim for a United States savings bond escheated to the state under this section may file a claim with the attorney general. Upon providing sufficient proof of the validity of the claim filed under this subsection, the attorney general may pay the claim, less any expenses and costs that have been incurred by the state in securing full title and ownership of the property by escheat.

(e) If payment has been made to a claimant under subsection (d), an action may not be brought or maintained against the state, or any officer of the state, for or on account of any acts taken by the attorney general under this section.

As added by P.L.141-2021, SEC.20.
Ind. Code § 32-25-7-1 — Indiana Code / Title 32 / Article 25 / Chapter 7 / Section 32-25-7-1
Recording declaration; contents
Status: in_force

Sec. 1. (a) The owner of the land on which a condominium is declared shall record with the recorder of the county in which the land is situated a declaration. Except as provided in section 2 or 3 of this chapter, the declaration must include the following:

(1) A description of the land on which the building and improvements are or are to be located.

(2) A description of the building, stating:

(A) the number of stories and basements; and

(B) the number of condominium units.

(3) A description of the common areas and facilities.

(4) A description of the limited common areas and facilities, if any, stating to which condominium units their use is reserved.

(5) The percentage of undivided interest in the common areas and facilities appertaining to each condominium unit and its owner for all purposes, including voting.

(6) A statement of the percentage of votes by the condominium unit owners required to determine whether to:

(A) rebuild;

(B) repair;

(C) restore; or

(D) sell;

the property if all or part of the property is damaged or destroyed.

(7) Any covenants and restrictions in regard to the use of:

(A) the condominium units; and

(B) common areas and facilities.

(8) Any further details in connection with the property that:

(A) the person executing the declaration considers desirable; and

(B) are consistent with this article.

(9) The method by which the declaration may be amended in a manner consistent with this chapter.

(10) This subdivision applies only to a condominium located on the shore of a lake located in a township with a population of more than two thousand (2,000) and less than two thousand seven hundred eighty (2,780) located in a county having a population of more than forty-six thousand (46,000) and less than forty-six thousand four hundred (46,400). A statement of the percentage of votes by the condominium unit owners required to convey or encumber part or all of the common areas and facilities. A statement under this subdivision may not allow less than ninety-five percent (95%) of the condominium unit owners, or less than ninety-five percent (95%) of the owners of condominium units not owned by the declarant, to convey or encumber part or all of the common areas and facilities. If the declaration does not include a statement under this subdivision, IC 32-25-4-3.5 applies.

(b) A true copy of the bylaws shall be annexed to and made a part of the declaration.

(c) The record of the declaration shall contain a reference to the:

(1) book;

(2) page; and

(3) date of record;

of the floor plans of the building affected by the declaration.

[Pre-2002 Recodification Citation: 32-1-6-12.]

As added by P.L.2-2002, SEC.10. Amended by P.L.181-2007, SEC.3; P.L.119-2012, SEC.162; P.L.104-2022, SEC.134.
Ind. Code § 32-18-1-12 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-12
Trial of disallowed claims
Status: in_force

Sec. 12. The clerk of the court shall spread the report and list upon the appearance docket of the court. The clerk shall distinguish between the claims the trustee has determined to allow and the claims the trustee has refused to allow. In all cases in which the trustee has refused to allow a claim, and in which a creditor objects to the allowance of the claim of another creditor, the judge may order the case to stand for trial at the next term of the court. The trial shall be governed by the rules regulating the trials of similar actions in the circuit court. If, after trial of the claim, the court is satisfied that the claim is valid and just, the court shall order the claim to be allowed and paid as other similar claims are paid. The court shall also make an order with respect to costs as the court considers just.

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

As added by P.L.2-2002, SEC.3.
Ind. Code § 32-17-1-2 — Indiana Code / Title 32 / Article 17 / Chapter 1 / Section 32-17-1-2
Fee simple conveyance
Status: in_force

Sec. 2. (a) A conveyance of land that is:

(1) worded in substance as "A.B. conveys and warrants to C.D." (insert a description of the premises) "for the sum of" (insert the consideration); and

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

is a conveyance in fee simple to the grantee and the grantee's heirs and assigns with a covenant as described in subsection (b).

(b) A conveyance in fee simple under subsection (a) includes a covenant from the grantor for the grantor and the grantor's heirs and personal representatives that the grantor:

(1) is lawfully seized of the premises;

(2) has good right to convey the premises;

(3) guarantees the quiet possession of the premises;

(4) guarantees that the premises are free from all encumbrances; and

(5) will warrant and defend the title to the premises against all lawful claims.

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

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

As added by P.L.2-2002, SEC.2. Amended by P.L.231-2019, SEC.40.
Ind. Code § 32-24-7-2 — Indiana Code / Title 32 / Article 24 / Chapter 7 / Section 32-24-7-2
Adoption of resolution by certain legislative bodies
Status: in_force

Sec. 2. A library board may exercise eminent domain only if one (1) of the following legislative bodies adopts a resolution specifically authorizing the library board to exercise eminent domain over a particular parcel of land for a specific purpose:

(1) If the library district is located entirely within the corporate boundaries of a municipality, the legislative body of the municipality.

(2) If the library district:

(A) is not described by subdivision (1); and

(B) is located entirely within the boundaries of a township;

the legislative body of the township.

(3) If the library district is not described by subdivision (1) or (2), the legislative body of each county in which the library district is located.

As added by P.L.163-2006, SEC.18.
Ind. Code § 32-31-9-6 — Indiana Code / Title 32 / Article 31 / Chapter 9 / Section 32-31-9-6
"Perpetrator"
Status: in_force

Sec. 6. As used in this chapter, "perpetrator" means an individual who:

(1) has been convicted of; or

(2) for purposes of a civil protection order, has been determined to have committed;

an applicable offense.

As added by P.L.22-2007, SEC.2.
Ind. Code § 32-31-1-4 — Indiana Code / Title 32 / Article 31 / Chapter 1 / Section 32-31-1-4
Notice; determination of tenancy
Status: in_force

Sec. 4. (a) This section applies to a tenancy of not more than three (3) months which, by express or implied agreement of the parties, extends from one (1) period to another.

(b) Notice to the tenant equal to the interval between the periods is sufficient to determine a tenancy described in subsection (a).

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

As added by P.L.2-2002, SEC.16.
Ind. Code § 32-17-14-27 — Indiana Code / Title 32 / Article 17 / Chapter 14 / Section 32-17-14-27
Powers and duties of a transferring entity
Status: in_force

Sec. 27. (a) An owner who makes arrangements for a transfer on death transfer under this chapter gives to the transferring entity the protections provided in this section for executing the owner's beneficiary designation.

(b) A transferring entity may execute a transfer on death transfer with or without a written request for execution.

(c) A transferring entity may rely and act on:

(1) a certified or authenticated copy of a death certificate issued by an official or an agency of the place where the death occurred as showing the fact, place, date, and time of death and the identity of the decedent; and

(2) a certified or authenticated copy of a report or record of any governmental agency that a person is missing, detained, dead, or alive, and the dates, circumstances, and places disclosed by the record or report.

(d) A transferring entity has no duty to verify the information contained within a written request for the execution of a beneficiary designation. The transferring entity may rely and act on a request made by a beneficiary or a beneficiary's attorney in fact, guardian, conservator, or other agent.

(e) A transferring entity has no duty to:

(1) except as provided in subsection (g), give notice to any person of the date, manner, and persons to whom a transfer will be made under beneficiary designation;

(2) attempt to locate any beneficiary or lineal descendant substitute;

(3) determine whether a nonsurviving beneficiary or descendant had a lineal descendant who survived the owner;

(4) locate a trustee or custodian;

(5) obtain the appointment of a successor trustee or custodian;

(6) discover the existence of a trust instrument or will that creates an express trust; or

(7) determine any fact or law that would:

(A) cause the beneficiary designation to be revoked in whole or in part as to any person because of a change in marital status or other reason; or

(B) cause a variation in the distribution provided in the beneficiary designation.

(f) A transferring entity has no duty to withhold making a transfer based on knowledge of any fact or claim adverse to the transfer to be made unless before making the transfer the transferring entity receives a written notice that:

(1) in manner, place, and time affords a reasonable opportunity to act on the notice before making the transfer; and

(2) does the following:

(A) Asserts a claim of beneficial interest in the transfer adverse to the transfer to be made.

(B) Gives the name of the claimant and an address for communications directed to the claimant.

(C) Identifies the deceased owner.

(D) States the nature of the claim as it affects the transfer.

(g) If a transferring entity receives a timely notice meeting the requirements of subsection (f), the transferring entity may discharge any duty to the claimant by sending a notice by certified mail to the claimant at the address provided by the claimant's notice of claim. The notice must advise the claimant that a transfer adverse to the claimant's asserted claim will be made at least forty-five (45) days after the date of the mailing unless the transfer is restrained by a court order. If the transferring entity mails the notice described by this subsection to the claimant, the transferring entity shall withhold making the transfer for at least forty-five (45) days after the date of the mailing. Unless the transfer is restrained by court order, the transferring entity may make the transfer at least forty-five (45) days after the date of the mailing.

(h) Neither notice that does not comply with the requirements of subsection (f) nor any other information shown to have been available to a transferring entity, its transfer agent, or its employees affects the transferring entity's right to the protections provided by this chapter.

(i) A transferring entity is not responsible for the application or use of property transferred to a fiduciary entitled to receive the property.

(j) Notwithstanding the protections provided a transferring entity by this chapter, a transferring entity may require parties engaged in a dispute over the propriety of a transfer to:

(1) adjudicate their respective rights; or

(2) furnish an indemnity bond protecting the transferring entity.

(k) A transfer by a transferring entity made in accordance with this chapter and under the beneficiary designation in good faith and reliance on information the transferring entity reasonably believes to be accurate discharges the transferring entity from all claims for the amounts paid and the property transferred.

(l) All protections provided by this chapter to a transferring entity are in addition to the protections provided by any other applicable Indiana law.

As added by P.L.143-2009, SEC.41. Amended by P.L.149-2012, SEC.16.
Ind. Code § 32-28-15-5 — Indiana Code / Title 32 / Article 28 / Chapter 15 / Section 32-28-15-5
"Residential real estate service agreement"
Status: in_force

Sec. 5. (a) As used in this chapter, "residential real estate service agreement" means an agreement:

(1) under which a service provider agrees to provide one (1) or more services:

(A) in connection with the maintenance, purchase, or sale of residential real estate; and

(B) that are not to be performed in their entirety within one (1) year after the agreement is entered into; and

(2) that has one (1) or more of the following characteristics:

(A) The agreement purports to run with the land or to be binding on future owners of interests in the residential real estate.

(B) The agreement allows for the assignment of the right to provide one (1) or more of the services under the agreement without the consent of the owner of the residential real estate to the assignment.

(C) The agreement purports to create:

(i) a lien or an encumbrance on; or

(ii) a security interest in;

the residential real estate.

(b) For purposes of sections 8 and 9 of this chapter, the term includes a:

(1) notice; or

(2) memorandum;

of an agreement described in subsection (a).

As added by P.L.62-2024, SEC.1.
Ind. Code § 32-28-3-2 — Indiana Code / Title 32 / Article 28 / Chapter 3 / Section 32-28-3-2
Extent of lien; leased or mortgaged land
Status: in_force

Sec. 2. (a) The entire land upon which the building, erection, or other improvement is situated, including the part of the land not occupied by the building, erection, or improvement, is subject to a lien to the extent of the right, title, and interest of the owner for whose immediate use or benefit the labor was done or material furnished.

(b) If:

(1) the owner has only a leasehold interest; or

(2) the land is encumbered by mortgage;

the lien, so far as concerns the buildings erected by the lienholder, is not impaired by forfeiture of the lease for rent or foreclosure of mortgage. The buildings may be sold to satisfy the lien and may be removed not later than ninety (90) days after the sale by the purchaser.

[Pre-2002 Recodification Citation: 32-8-3-2.]

As added by P.L.2-2002, SEC.13.
Ind. Code § 32-24-3-2 — Indiana Code / Title 32 / Article 24 / Chapter 3 / Section 32-24-3-2
Notice; appointment of appraisers
Status: in_force

Sec. 2. Upon filing the petition, the attorney general shall provide the owners of the property the notice required by law in the commencement of a civil action. It is sufficient to make defendants to the petition all persons who are in possession of the property and those who appear to be the owners or to have any interest in the property by the tax duplicates and the records in the offices of the auditor and recorder of the county. After notice has been given, the court shall appoint:

(1) one (1) disinterested resident freeholder of the county where the property is located; and

(2) two (2) disinterested appraisers licensed under IC 25-34.1;

who are residents of Indiana to appraise the value of the property. One (1) of the licensed appraisers appointed under this subsection must reside not more than fifty (50) miles from the land or building.

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

As added by P.L.2-2002, SEC.9. Amended by P.L.113-2006, SEC.20.
Ind. Code § 32-38-2-3 — Indiana Code / Title 32 / Article 38 / Chapter 2 / Section 32-38-2-3
"Estate"
Status: in_force

Sec. 3. "Estate" has the meaning set forth in IC 29-1-1-3.

As added by P.L.95-2007, SEC.19.
Ind. Code § 32-28-15-4 — Indiana Code / Title 32 / Article 28 / Chapter 15 / Section 32-28-15-4
"Residential real estate"
Status: in_force

Sec. 4. As used in this chapter, "residential real estate" means real property:

(1) that is located in Indiana; and

(2) upon which is constructed or intended to be constructed a dwelling that contains one (1) to four (4) units.

As added by P.L.62-2024, SEC.1.
Ind. Code § 32-31-12-1 — Indiana Code / Title 32 / Article 31 / Chapter 12 / Section 32-31-12-1
Application
Status: in_force

Sec. 1. This chapter applies only to the removal of a squatter.

As added by P.L.191-2025, SEC.1.
Ind. Code § 32-26-2-9 — Indiana Code / Title 32 / Article 26 / Chapter 2 / Section 32-26-2-9
Trial; owner controverting damages or denying trespass
Status: in_force

Sec. 9. (a) Within five (5) days after the owner of a stray animal confined under section 4 of this chapter receives a notice under section 7 of this chapter, the owner may file a civil action to:

(1) controvert the amount of damages assessed; or

(2) deny the trespass.

(b) If the owner of a stray animal confined under section 4 of this chapter files an action under subsection (a), the cause shall be docketed for trial.

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

As added by P.L.2-2002, SEC.11.
Ind. Code § 32-24-1-6 — Indiana Code / Title 32 / Article 24 / Chapter 1 / Section 32-24-1-6
Notice to appear in court; notice of right to object; form of notice
Status: in_force

Sec. 6. (a) Upon the filing of a complaint under this chapter, the circuit court clerk shall issue a notice requiring the defendants to appear before the court on the day to be fixed by the plaintiff by indorsement on the complaint at the time of filing the complaint, and to show cause, if any, why the property sought to be condemned should not be acquired. The notice must also provide notice to defendants of their right to object under section 8 of this chapter not later than thirty (30) days from the date the notice is served. The notice must include, either as an attachment or as part of the language of the notice, the full text of section 8 of this chapter. The notice shall be substantially in the following form:

In the ____________ Court of Indiana.

To the Sheriff of _______________ County, Indiana:

You are hereby commanded to notify _______________, defendants, to appear before the __________ Court of _____________ County, Indiana on the ____ day of _________, 20_______, at _______ o'clock, __ M. to object to the condemnation of property sought to be acquired in the complaint of _______. If defendants object to the acquisition of the property, defendants must file objections with the court under IC 32-24-1-8 not later than thirty (30) days after the date this notice is served. The court may extend the period for filing objections by an additional thirty (30) days upon written motion of the defendants.

Witness my hand and the seal of the court affixed at _____________, Indiana, this ___ day of __________, 20_______.

Clerk of _________________ Court.

(b) The notice shall be served in the same manner as a summons is served in civil actions. Upon a showing by affidavit that any defendant is a nonresident of Indiana or that the defendant's name or residence is unknown, publication and proof of the notice may be made as provided in section 7 of this chapter.

[Pre-2002 Recodification Citation: 32-11-1-3.]

As added by P.L.2-2002, SEC.9. Amended by P.L.80-2020, SEC.2.
Ind. Code § 32-18-1-11 — Indiana Code / Title 32 / Article 18 / Chapter 1 / Section 32-18-1-11
Report of trustee
Status: in_force

Sec. 11. The trustee shall, within six (6) months after beginning the duties of the trust, report to the judge of the circuit court, superior court, or probate court, under oath:

(1) the amount of money in the trustee's hands from:

(A) the sale of property; and

(B) collections; and

(2) the amount still uncollected.

The trustee shall also, in the report, list all claims of creditors that have been presented to the trustee against the assignor. The trustee shall denote the claims that the trustee concludes should be allowed and those that the trustee determines not to allow.

[Pre-2002 Recodification Citation: 32-12-1-11.]

As added by P.L.2-2002, SEC.3. Amended by P.L.84-2016, SEC.138.
Ind. Code § 32-27-3-2 — Indiana Code / Title 32 / Article 27 / Chapter 3 / Section 32-27-3-2
Notice of claim; response
Status: in_force

Sec. 2. (a) At least sixty (60) days before filing a construction defect action against a construction professional, the claimant must serve written notice of claim on the construction professional. The notice of claim must state that the claimant asserts a construction defect claim against the construction professional and must describe the claim in reasonable detail sufficient to determine the general nature of the defect.

(b) Within twenty-one (21) days after service of a notice of claim under subsection (a), the construction professional must serve a written response on the claimant. The written response must do one (1) of the following:

(1) Propose to inspect the residence that is the subject of the claim and complete the inspection within a specified time frame. A response made under this subdivision must include the statement that the construction professional shall, based on the inspection, offer to remedy the defect, compromise by payment, or dispute the claim.

(2) Offer to compromise and settle the claim by monetary payment without inspection. A construction professional's offer under this subdivision may include, but is not limited to, an express offer to purchase the claimant's residence that is the subject of the claim and to pay the claimant's reasonable relocation costs.

(3) State that the construction professional disputes the claim and will neither remedy the construction defect nor compromise and settle the claim.

(c) If the construction professional terminates a proposal or offer under section 3(c) of this chapter, the claimant may bring an action against the construction professional for the construction defect claim described in the notice of claim.

(d) A home owner is not required to serve an additional written notice for any additional defects discovered after the home owner has served an initial written notice of a construction defect in accordance with this section.

As added by P.L.134-2003, SEC.1.
Ind. Code § 32-23-7-0.5 — Indiana Code / Title 32 / Article 23 / Chapter 7 / Section 32-23-7-0.5
"Coal bed methane production area"
Status: in_force

Sec. 0.5. (a) As used in this chapter, "coal bed methane production area" means the area of land determined by the operator in which multiple wells are drilled for a common production purpose.

(b) A coal bed methane production area need not be part of a unit or other area in which production is pooled.

As added by P.L.140-2011, SEC.20.
Ind. Code § 32-33-4-8 — Indiana Code / Title 32 / Article 33 / Chapter 4 / Section 32-33-4-8
Limitation on hospital's right
Status: in_force

Sec. 8. This chapter does not give any hospital a right:

(1) of action to determine liability; or

(2) to approve a compromise or settlement;

for injuries sustained by any person covered by this chapter.

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

As added by P.L.2-2002, SEC.18.