reglab/housing_qa huggingface dataset:
IN Code § 32-23-2-5 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 2. Easements in Gross: Alienation, Inheritance, Assignment|32-23-2-5. Recording Easement

Sec. 5. (a) An easement that is created after June 30, 1989, must cross-reference the original recorded plat. However, if the real property from which the easement is being created is not platted, the easement must cross-reference the most recent deed of record in the recorder's office. The recorder shall charge a fee for recording the easement in accordance with IC 36-2-7-10.(b) When a release of easement is recorded in the office of the county recorder in the county where the property is situated, the release document must cross-reference the original easement document and reflect the name of the current owner of the property to whom the easement is being released as shown on the property tax records of the county.[Pre-2002 Recodification Citation: 32-5-2-2.]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-2-6 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 2. Easements in Gross: Alienation, Inheritance, Assignment|32-23-2-6. Alienation, Inheritance, or Assignment of Certain Easements in Gross of a Commercial Character Declared Valid

Sec. 6. (a) This section applies to the alienation, inheritance, or assignment of:(1) an easement in gross of a commercial character that was created before January 1, 1990; and(2) an interest in an easement in gross of a commercial character described in subdivision (1).(b) This section applies to an easement in gross of a commercial character that was acquired by eminent domain.(c) Unless the instrument that created the easement states that the easement may not be alienated, inherited, or assigned, the alienation, inheritance, or assignment of an easement in gross of a commercial character that occurred before April 1, 1990, is legalized and declared valid.As added by P.L.6-2012, SEC.209.
IN Code § 32-23-3-1 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 3. Easements: Way of Necessity|32-23-3-1. Refusal to Grant Easements; Failure to Agree Upon Consideration

Sec. 1. If:(1) land that belongs to a landowner in Indiana is shut off from a public highway because of the:(A) straightening of a stream under Indiana law;(B) construction of a ditch under Indiana law; or(C) erection of a dam that is constructed by the state or by the United States or an agency or a political subdivision of the state or of the United States under Indiana law; and(2) the owner of the lands described in subdivision (1) is unable to secure an easement or right-of-way on and over the land that is adjacent to the affected land, and intervening between the land and the public highways that are most convenient to the land because:(A) an adjacent and intervening landowner refuses to grant an easement; or(B) the interested parties cannot agree upon the consideration to be paid by the landowner that is deprived of access to the highway;the landowner of the affected land shall be granted the right of easement established as a way of necessity as provided under IC 32-24-1.[Pre-2002 Recodification Citation: 32-5-3-1.]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-4-1 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 4. Solar Easement|32-23-4-1. "Passive Solar Energy System" Defined

Sec. 1. As used in this chapter, "passive solar energy system" means a structure specifically designed to retain heat that is derived from solar energy.[Pre-2002 Recodification Citation: 32-5-2.5-1 part.]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-4-2 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 4. Solar Easement|32-23-4-2. "Solar Easement" Defined

Sec. 2. As used in this chapter, "solar easement" means an easement obtained for the purpose of exposure of a solar energy device or a passive solar energy system to the direct rays of the sun.[Pre-2002 Recodification Citation: 32-5-2.5-1 part.]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-4-3 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 4. Solar Easement|32-23-4-3. "Solar Energy Device" Defined

Sec. 3. As used in this chapter, "solar energy device" means an artifice, an instrument, or the equipment designed to receive the direct rays of the sun and convert the rays into heat, electricity, or another form of energy to provide heating, cooling, or electrical power.[Pre-2002 Recodification Citation: 32-5-2.5-1 part.]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-4-4 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 4. Solar Easement|32-23-4-4. Creation; Requirements

Sec. 4. A solar easement:(1) must be created in writing; and(2) is subject to the conveyancing and recording requirements of this title.[Pre-2002 Recodification Citation: 32-5-2.5-2.]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-4-5 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 4. Solar Easement|32-23-4-5. Instrument; Requisites

Sec. 5. An instrument that creates a solar easement must include the following:(1) The vertical and horizontal angles, expressed in degrees, at which the solar easement extends over the real property that is subject to the solar easement, and a description of the real property to which the solar easement is appurtenant.(2) Any terms and conditions under which the solar easement is granted or will be terminated.[Pre-2002 Recodification Citation: 32-5-2.5-3.]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-5-1 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 5. Uniform Conservation Easement Act|32-23-5-1. Application and Construction of Chapter

Sec. 1. (a) This chapter applies to any interest created after September 1, 1984, that complies with this chapter, whether the interest is designated:(1) as a conservation easement;(2) as a covenant;(3) as an equitable servitude;(4) as a restriction;(5) as an easement; or(6) otherwise.(b) This chapter applies to any interest created before September 1, 1984, if the interest would have been enforceable had the interest been created after September 1, 1984, unless retroactive application contravenes the constitution or laws of Indiana or the United States.(c) This chapter does not invalidate any interest, whether designated:(1) as a conservation easement;(2) as a preservation easement;(3) as a covenant;(4) as an equitable servitude;(5) as a restriction;(6) as an easement; or(7) otherwise;if the designated interest is enforceable under another law of this state.(d) This chapter shall be applied and construed to effectuate the general purpose of the chapter to make uniform the laws with respect to the subject of the chapter among the states that enact language consistent with this chapter.[Pre-2002 Recodification Citations: 32-5-2.6-5; 32-5-2.6-6.]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-5-2 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 5. Uniform Conservation Easement Act|32-23-5-2. "Conservation Easement"

Sec. 2. As used in this chapter, "conservation easement" means a nonpossessory interest of a holder in real property that imposes limitations or affirmative obligations with the purpose of:(1) retaining or protecting natural, scenic, or open space values of real property;(2) assuring availability of the real property for agricultural, forest, recreational, or open space use;(3) protecting natural resources;(4) maintaining or enhancing air or water quality; or(5) preserving the historical, architectural, archeological, or cultural aspects of real property.[Pre-2002 Recodification Citation: 32-5-2.6-1 part.]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-5-3 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 5. Uniform Conservation Easement Act|32-23-5-3. "Holder"

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.
IN Code § 32-23-5-4 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 5. Uniform Conservation Easement Act|32-23-5-4. "Third Party Right of Enforcement"

Sec. 4. As used in this chapter, "third party right of enforcement" means a right that is:(1) provided in a conservation easement to enforce any of the conservation easement's terms; and(2) granted to a governmental body, charitable corporation, charitable association, or charitable trust that is eligible to be a holder but is not a holder.[Pre-2002 Recodification Citation: 32-5-2.6-1 part.]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-5-5 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 5. Uniform Conservation Easement Act|32-23-5-5. Creation, Conveyance, etc., of Easements; Acceptance; Recordation; Duration; Rights of Parties and Others Protected

Sec. 5. (a) Except as otherwise provided in this chapter, a conservation easement may be:(1) created;(2) conveyed;(3) recorded;(4) assigned;(5) released;(6) modified;(7) terminated; or(8) otherwise altered or affected;in the same manner as other easements.(b) A right or duty in favor of or against a holder and a right in favor of a person having a third party right of enforcement does not arise under a conservation easement before the conservation easement is accepted by the holder and the acceptance is recorded.(c) Except as provided in section 6(b) of this chapter, a conservation easement is unlimited in duration unless the instrument creating the conservation easement provides otherwise.(d) An interest in real property is not impaired by a conservation easement if the interest exists at the time the conservation easement is created, unless the owner of the interest is a party to the conservation easement or consents to the conservation easement.[Pre-2002 Recodification Citation: 32-5-2.6-2.]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-5-6 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 5. Uniform Conservation Easement Act|32-23-5-6. Actions Authorized; Power of Court

Sec. 6. (a) An action that affects a conservation easement may be brought by:(1) an owner of an interest in the real property burdened by the easement;(2) a holder of the easement;(3) a person having a third party right of enforcement; or(4) a person authorized by other law.(b) This chapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity, or the termination of a conservation easement by agreement of the grantor and grantee.[Pre-2002 Recodification Citation: 32-5-2.6-3.]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-5-7 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 5. Uniform Conservation Easement Act|32-23-5-7. Validity of Conservation Easements

Sec. 7. A conservation easement is valid even though:(1) the conservation easement is not appurtenant to an interest in real property;(2) the conservation easement can be or has been assigned to another holder;(3) the conservation easement is not of a character that has been recognized traditionally at common law;(4) the conservation easement imposes a negative burden;(5) the conservation easement imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder;(6) the benefit does not touch or concern real property; or(7) there is no privity of estate or of contract.[Pre-2002 Recodification Citation: 32-5-2.6-4.]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-5-8 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 5. Uniform Conservation Easement Act|32-23-5-8. Taxation

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.
IN Code § 32-23-6-1 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 6. Easements: Wpa Projects|32-23-6-1. Release of Easements

Sec. 1. If:(1) a landowner in Indiana has had a pond or lake built on the landowner's real estate by the federal Works Progress Administration; and(2) as a requisite to the building of the pond or lake, the landowner has given a lease in writing to the state relative to the building, upkeep, and use of the pond or lake;the department of natural resources may, upon application in writing to the department of natural resources, release any easement the state may have to the real estate.[Pre-2002 Recodification Citation: 32-5-6-1(a).]As added by P.L.2-2002, SEC.8. Amended by P.L.86-2018, SEC.224.
IN Code § 32-23-6-2 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 6. Easements: Wpa Projects|32-23-6-2. Release of Easements; Recording

Sec. 2. A release under section 1 of this chapter may be filed with the recorder of the county in which the real estate is situated and recorded in the miscellaneous record in the recorder's office.[Pre-2002 Recodification Citation: 32-5-6-1(b).]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-7-0.3 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 7. Oil and Gas: Estates in Land|32-23-7-0.3. "Coal Bed Methane"

Sec. 0.3. As used in this chapter, "coal bed methane" has the meaning set forth in IC 14-8-2-42.2.As added by P.L.140-2011, SEC.18.
IN Code § 32-23-7-0.4 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 7. Oil and Gas: Estates in Land|32-23-7-0.4. "Coal Bed Methane Estate in Land"

Sec. 0.4. (a) As used in this chapter, "coal bed methane estate in land" means the aggregate of all rights in land that affect the coal bed methane:(1) in the land;(2) on the land;(3) under the land; or(4) that may be taken from beneath the surface of the land.(b) The term includes the following:(1) The right to produce coal bed methane for commercial use or sale.(2) The appurtenant right to use the surface overlying the coal bed methane for coal bed methane operations.As added by P.L.140-2011, SEC.19.
IN Code § 32-23-7-0.5 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 7. Oil and Gas: Estates in Land|32-23-7-0.5. "Coal Bed Methane Production Area"

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.
IN Code § 32-23-7-0.8 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 7. Oil and Gas: Estates in Land|32-23-7-0.8. "Commercially Minable Coal Resource"

Sec. 0.8. As used in this chapter, "commercially minable coal resource" has the meaning set forth in IC 14-8-2-47.As added by P.L.140-2011, SEC.21.
IN Code § 32-23-7-1 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 7. Oil and Gas: Estates in Land|32-23-7-1. "Oil and Gas"

Sec. 1. (a) As used in this chapter, "oil and gas" means petroleum and mineral oils and gaseous substances of whatever character naturally lying or found beneath the surface of land.(b) The term does not include coal bed methane.[Pre-2002 Recodification Citation: 32-5-7-1(a).]As added by P.L.2-2002, SEC.8. Amended by P.L.140-2011, SEC.22.
IN Code § 32-23-7-2 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 7. Oil and Gas: Estates in Land|32-23-7-2. "Oil and Gas Estate in Land"

Sec. 2. As used in this chapter, "oil and gas estate in land" means the aggregate of all rights in land that affect the oil and gas in, on, under, or that may be taken from beneath the surface of the land.[Pre-2002 Recodification Citation: 32-5-7-1(b).]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-7-2.5 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 7. Oil and Gas: Estates in Land|32-23-7-2.5. "Operations for Coal Bed Methane"

Sec. 2.5. As used in this chapter, "operations for coal bed methane", unless otherwise indicated by the context of this chapter, means:(1) the exploration, surveying, or testing of land for coal bed methane;(2) other investigation of the potential of land for coal bed methane production;(3) the actual drilling or preparation for drilling of wells for coal bed methane;(4) the stimulation of coal bed methane production by hydrofracturing or otherwise;(5) the collection and transportation by pipeline of coal bed methane from:(A) the land; or(B) nearby land that is a part of a coal bed methane production area that includes the land; or(6) any other actions directed toward the eventual production or attempted production of coal bed methane from the land.As added by P.L.140-2011, SEC.23.
IN Code § 32-23-7-3 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 7. Oil and Gas: Estates in Land|32-23-7-3. "Operations for Oil and Gas"

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.
IN Code § 32-23-7-4 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 7. Oil and Gas: Estates in Land|32-23-7-4. "Person in Interest"

Sec. 4. (a) As used in this chapter, "person in interest" means:(1) if used in reference to an oil and gas estate in land, the owner of a beneficial interest in the oil and gas estate in land; or(2) if used in reference to a coal bed methane estate in land, the owner of a beneficial interest in the coal bed methane estate in land;whether the interest is held for life, for a term of years, or in fee.(b) The term includes a lessee, licensee, or duly qualified agent of the owner.(c) The term does not include a mortgagee or security assignee of the owner if the mortgagee or security assignee does not have a right to the control or operation of the premises for:(1) if used in reference to an oil and gas estate in land, oil and gas; or(2) if used in reference to a coal bed methane estate in land, coal bed methane.[Pre-2002 Recodification Citation: 32-5-7-1(c).]As added by P.L.2-2002, SEC.8. Amended by P.L.140-2011, SEC.24.
IN Code § 32-23-7-5 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 7. Oil and Gas: Estates in Land|32-23-7-5. "Surface Rights"

Sec. 5. As used in this chapter, "surface rights" means all rights relating to the occupancy, user, or ownership of the surface of land affected by this chapter.[Pre-2002 Recodification Citation: 32-5-7-1(d).]As added by P.L.2-2002, SEC.8.
IN Code § 32-23-7-6.5 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 7. Oil and Gas: Estates in Land|32-23-7-6.5. Notice to Surface Owner of Intent to Enter Property

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.
IN Code § 32-23-7-7 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 7. Oil and Gas: Estates in Land|32-23-7-7. Interests Created; Title; Alienability

Sec. 7. (a) This section applies to the following:(1) Interests in oil and gas.(2) Interests in coal bed methane.(b) An interest referred to in subsection (a) in, on, under, or that may be taken from beneath the surface of land located in Indiana may be created:(1) for life;(2) for a term of years; or(3) in fee;in the manner and to the extent that other interests in real estate and title are created.(c) Title to the estates specified under subsection (b) may be vested in one (1) or more persons by:(1) sole ownership;(2) tenancy in common;(3) joint tenancy;(4) tenancy by the entireties; or(5) another manner recognized under Indiana law.(d) Interests or estates specified in this section are freely alienable, in whole or in part, in the same manner as are other interests in real estate.[Pre-2002 Recodification Citation: 32-5-7-3.]As added by P.L.2-2002, SEC.8. Amended by P.L.140-2011, SEC.27.
IN Code § 32-23-7-8 (2021)
2021 Indiana Code|Title 32. Property|Article 23. Conveyance of Property Interests Less Than Fee Simple|Chapter 7. Oil and Gas: Estates in Land|32-23-7-8. Contract Rights Not Limited; Legislative Intent; Regulation of Industry; Construction of Law

Sec. 8. (a) This chapter does not limit the rights of parties to contract with regard to an oil and gas estate or a coal bed methane estate in land affecting lands in Indiana:(1) to the extent permitted by; and(2) in a manner consistent with;the nature of the estate in law as specified under this chapter.(b) This chapter does not affect the rights or powers of any commission, board, or authority duly constituted for the regulation of the oil and gas industry or the coal bed methane industry in Indiana.[Pre-2002 Recodification Citations: 32-5-7-4; 32-5-7-5; 32-5-7-6.]As added by P.L.2-2002, SEC.8. Amended by P.L.140-2011, SEC.28.