reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-19. Statutes of Limitation; Extinguishment of Claim for Relief

Sec. 19. A claim for relief with respect to a transfer or obligation under this chapter is extinguished unless brought as follows:
(1) If brought under section 14(a)(1) of this chapter, an action is extinguished unless brought not later than the later of the following:
(A) Four (4) years after the transfer was made or the obligation was incurred.
(B) One (1) year after the transfer or obligation was or could reasonably have been discovered by the claimant.
(2) If brought under section 14(a)(2) or 15 of this chapter, an action is extinguished unless it is brought not later than four (4) years after the transfer was made or the obligation was incurred.
[Pre-2002 Recodification Citation: 32-2-7-19.]
As added by P.L.2-2002, SEC.3. Amended by P.L.61-2017, SEC.17.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-19.3. Determination of Debtor's Location; Governing Law in Claim for Relief

Sec. 19.3. (a) In this section, the following rules determine a debtor's location:
(1) A debtor who is an individual is located at the individual's principal residence.
(2) A debtor that is an organization and has only one (1) place of business is located at its place of business.
(3) A debtor that is an organization and has more than one (1) place of business is located at its chief executive office.
(b) A claim for relief in the nature of a claim for relief under this chapter is governed by the law of the jurisdiction in which the debtor is located when the transfer is made or the obligation is incurred.
As added by P.L.61-2017, SEC.18.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-19.5. Series Organizations; Protected Series; Considered Separate Persons

Sec. 19.5. (a) The following definitions apply throughout this section:
(1) "Protected series" means an arrangement, however denominated, created by a series organization that, under the law under which the series organization is organized, has the characteristics set forth in subdivision (2).
(2) "Series organization" means an organization that, under the law under which it is organized, has the following characteristics:
(A) The organic record of the organization provides for creation by the organization of one (1) or more protected series, however denominated, with respect to specified property of the organization, and for records to be maintained for each protected series that identify the property of or associated with the protected series.
(B) Debt incurred or existing with respect to the activities of, or property of or associated with, a particular protected series is enforceable against the property of or associated with the protected series only, and not against the property of or associated with the organization or other protected series of the organization.
(C) Debt incurred or existing with respect to the activities or property of the organization is enforceable against the property of the organization only, and not against the property of or associated with a protected series of the organization.
(b) A series organization and each protected series of the organization is a separate person for purposes of this chapter, even if for other purposes a protected series is not a person separate from the organization or other protected series of the organization.
As added by P.L.61-2017, SEC.19.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-20. Supplementary Provisions

Sec. 20. Unless superseded by this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, equitable subordination, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement this chapter.
[Pre-2002 Recodification Citation: 32-2-7-20.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-21. Uniformity of Application and Construction

Sec. 21. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[Pre-2002 Recodification Citation: 32-2-7-21.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-22. Relation to Federal Electronic Signatures in Global and National Commerce Act

Sec. 22. This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. 7003(b).
As added by P.L.61-2017, SEC.20.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 2. Uniform Fraudulent Transfer Act › 32-18-2-23. Relation to Uniform Voidable Transactions Act; Citation; Interpretation

Sec. 23. This chapter:
(1) adopts, in part, provisions of the Uniform Voidable Transactions Act as released by the National Conference of Commissioners on Uniform State Laws; and
(2) may be cited as the Indiana Uniform Voidable Transactions Act.
However, in interpreting solely this chapter, comments released by a committee of the National Conference of Commissioners on Uniform State Laws shall not be considered as authority.
As added by P.L.61-2017, SEC.21.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 3. Resale of Insolvent Debtors' Real Estate › 32-18-3-1. Sale of Real Estate by Receiver, Assignee, or Trustee Under Ic 32-18-1; Filing Bond to Secure Sale

Sec. 1. In a sale of real estate by:
(1) a receiver; or
(2) an assignee or trustee under IC 32-18-1;
a person may, before the confirmation of the sale by the proper court, file with the clerk of the court, or in open court, a bond in the sum sufficient to secure the sale. The surety for the bond must be approved by the clerk or the court.
[Pre-2002 Recodification Citation: 32-12-3-1 part.]
As added by P.L.2-2002, SEC.3.
2023 Indiana Code › Title 32. Property › Article 18. Interests of Creditors in Property › Chapter 3. Resale of Insolvent Debtors' Real Estate › 32-18-3-2. Resale of Property; Liability for Amount Above Bid at Previous Sale

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.
2023 Indiana Code › Title 32. Property › Article 19. Describing Real Property; Indiana Coordinate System › Chapter 1. Designation of Indiana Coordinate System; Zones › 32-19-1-1. Designation of Systems

Sec. 1. The systems of plane coordinates that have been established by the National Ocean Survey/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) or its successors for defining and stating the positions or locations of points on the surface of the earth within Indiana are known and designated as the "Indiana coordinate system of 1927" and the "Indiana coordinate system of 1983".
[Pre-2002 Recodification Citation: 32-1-1-1(a).]
As added by P.L.2-2002, SEC.4.
2023 Indiana Code › Title 32. Property › Article 19. Describing Real Property; Indiana Coordinate System › Chapter 1. Designation of Indiana Coordinate System; Zones › 32-19-1-2. Division of Indiana Into East and West Zones; Counties in Each Zone

Sec. 2. (a) For the purpose of the use of the systems described in section 1 of this chapter, Indiana is divided into an east zone and a west zone.
(b) The area included in the following counties constitutes the east zone:
Adams
Allen
Bartholomew
Blackford
Brown
Cass
Clark
Dearborn
Decatur
DeKalb
Delaware
Elkhart
Fayette
Floyd
Franklin
Fulton
Grant
Hamilton
Hancock
Harrison
Henry
Howard
Huntington
Jackson
Jay
Jefferson
Jennings
Johnson
Kosciusko
LaGrange
Madison
Marion
Marshall
Miami
Noble
Ohio
Randolph
Ripley
Rush
St. Joseph
Scott
Shelby
Steuben
Switzerland
Tipton
Union
Wabash
Washington
Wayne
Wells
Whitley.
(c) The area included in the following counties constitutes the west zone:
Benton
Boone
Carroll
Clay
Clinton
Crawford
Daviess
Dubois
Fountain
Gibson
Greene
Hendricks
Jasper
Knox
Lake
LaPorte
Lawrence
Martin
Monroe
Montgomery
Morgan
Newton
Orange
Owen
Parke
Perry
Pike
Porter
Posey
Pulaski
Putnam
Spencer
Starke
Sullivan
Tippecanoe
Vanderburgh
Vermillion
Vigo
Warren
Warrick
White.
[Pre-2002 Recodification Citations: 32-1-1-1(b); 32-1-1-1(c); 32-1-1-1(d).]
As added by P.L.2-2002, SEC.4.
2023 Indiana Code › Title 32. Property › Article 19. Describing Real Property; Indiana Coordinate System › Chapter 1. Designation of Indiana Coordinate System; Zones › 32-19-1-4. Naming and Designation of System in Land Descriptions

Sec. 4. (a) As established for use in the east zone, the Indiana coordinate system of 1927 or the Indiana coordinate system of 1983:
(1) shall be named; and
(2) in any land description in which it is used, shall be designated the:
(A) "Indiana coordinate system of 1927, east zone"; or
(B) "Indiana coordinate system of 1983, east zone".
(b) As established for use in the west zone, the Indiana coordinate system of 1927 or the Indiana coordinate system of 1983:
(1) shall be named; and
(2) in any land description in which it is used. shall be designated, the:
(A) "Indiana coordinate system of 1927, west zone"; or
(B) "Indiana coordinate system of 1983, west zone".
[Pre-2002 Recodification Citation: 32-1-1-2.]
As added by P.L.2-2002, SEC.4.
2023 Indiana Code › Title 32. Property › Article 19. Describing Real Property; Indiana Coordinate System › Chapter 1. Designation of Indiana Coordinate System; Zones › 32-19-1-5. Tract Located in Both Zones

Sec. 5. If a tract of land to be defined by a single description extends from one (1) into the other of the east zone or the west zone:
(1) the positions of all points on the boundaries of the tract may be referred to as either the east zone or the west zone; and
(2) the zone that is used must be specifically named in the description.
[Pre-2002 Recodification Citation: 32-1-1-4.]
As added by P.L.2-2002, SEC.4.
2023 Indiana Code › Title 32. Property › Article 19. Describing Real Property; Indiana Coordinate System › Chapter 1. Designation of Indiana Coordinate System; Zones › 32-19-1-6. Use of Terms; Limits on Use of System

Sec. 6. (a) The use of the term "Indiana coordinate system of 1927" or "Indiana coordinate system of 1983" on any map, report of survey, or other document shall be limited to coordinates based on the Indiana coordinate system described in this chapter.
(b) Beginning January 1, 1990, the Indiana coordinate system of 1927 may not be used, and only the Indiana coordinate system of 1983 may be used.
[Pre-2002 Recodification Citation: 32-1-1-7.]
As added by P.L.2-2002, SEC.4.
2023 Indiana Code › Title 32. Property › Article 19. Describing Real Property; Indiana Coordinate System › Chapter 2. Coordinates; Geodetic Control Monuments › 32-19-2-1. Positions Expressed by X-Coordinate and Y-Coordinate

Sec. 1. (a) The plane coordinates of a point on the earth's surface, used to express the position or location of that point in the appropriate zone of the Indiana coordinate system described in IC 32-19-1, must consist of two (2) distances expressed in:
(1) U.S. Survey feet (1 meter = 39.37/12 feet) and decimals of a foot when using the Indiana coordinate system of 1927; and
(2) meters and decimals of a meter and United States Survey feet and decimals of a foot when using the Indiana coordinate system of 1983.
(b) The distance described in subsection (a) that gives the position in an east-and-west direction is called the "x-coordinate". The distance described in subsection (a) that gives the position in a north-and-south direction is called the "y-coordinate". These coordinates must be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American Horizontal Geodetic Control Network as published by the National Ocean Survey/National Geodetic Survey or its successors, if the successor's plane coordinates have been computed on the Indiana coordinate system of 1927 or the Indiana coordinate system of 1983. Any station may be used for establishing a survey connection to the Indiana coordinate system of 1927 or the Indiana coordinate system of 1983.
[Pre-2002 Recodification Citation: 32-1-1-3.]
As added by P.L.2-2002, SEC.4.
2023 Indiana Code › Title 32. Property › Article 19. Describing Real Property; Indiana Coordinate System › Chapter 2. Coordinates; Geodetic Control Monuments › 32-19-2-2. Coordinates Purporting to Define Land Boundary; Recording Requirements

Sec. 2. Coordinates based on the Indiana coordinate system of 1927, the Indiana coordinate system of 1983, or any other coordinate system published by an agency of the federal government or of the state, including the Indiana Geospatial Coordinate System, purporting to define the position of a point on a land boundary may not be presented to be recorded in any public land records or deed records unless the recording document also contains:
(1) the method used to relate the coordinates to the National Spatial Reference System; and
(2) the name and zone of the coordinate system, including the:
(A) datum;
(B) datum realization; and
(C) units;
used.
[Pre-2002 Recodification Citation: 32-1-1-6.]
As added by P.L.2-2002, SEC.4. Amended by P.L.57-2013, SEC.87; P.L.159-2018, SEC.4.
2023 Indiana Code › Title 32. Property › Article 19. Describing Real Property; Indiana Coordinate System › Chapter 3. Descriptions of Land Using the Indiana Coordinate System › 32-19-3-1. Reference to United States Public Land Surveys; Coordinate Description as Supplemental; Conflicts

Sec. 1. If coordinates are used to describe any tract of land, that, in the same document, is also described by reference to any subdivision, line, or corner of the United States public land surveys:
(1) the description by coordinates shall be construed as supplemental to the basic description of the subdivision, line, or corner contained in the official plats and field notes filed of record; and
(2) in the event of any conflict, the description by reference to the subdivision, line, or corner of the United States public land surveys prevails over the description by coordinates.
[Pre-2002 Recodification Citation: 32-1-1-8.]
As added by P.L.2-2002, SEC.4. Amended by P.L.159-2018, SEC.5.
2023 Indiana Code › Title 32. Property › Article 19. Describing Real Property; Indiana Coordinate System › Chapter 3. Descriptions of Land Using the Indiana Coordinate System › 32-19-3-2. Repealed

[Pre-2002 Recodification Citation: 32-1-1-9.]
As added by P.L.2-2002, SEC.4. Repealed by P.L.159-2018, SEC.6.
2023 Indiana Code › Title 32. Property › Article 19. Describing Real Property; Indiana Coordinate System › Chapter 4. Repealed

[Pre-2002 Recodification Citations:
32-19-4-1formerly 32-1-1-10(a); 32-1-1-10(b)32-19-4-2formerly 32-1-1-10(c)32-19-4-3formerly 32-1-1-10(d); 32-1-1-10(e)32-19-4-4formerly 32-1-1-10(f).]
Repealed by P.L.2-2007, SEC.390.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 1. Purpose and Application › 32-20-1-1. Construction of Law

Sec. 1. (a) This article shall be liberally construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons to rely on a record chain of title as described in IC 32-20-3-1, subject only to the limitations that are described in IC 32-20-3-2.
(b) However, this article does not change the law affecting the capacity to own land of a person claiming a marketable record title under this article.
[Pre-2002 Recodification Citation: 32-1-5-10.]
As added by P.L.2-2002, SEC.5.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 1. Purpose and Application › 32-20-1-2. Limitation of Actions; Recording Instruments

Sec. 2. This article may not be construed to do the following:
(1) Extend the period to bring an action or to do any other required act under any statutes of limitations.
(2) Except as specifically provided in this article, affect the operation of any statutes governing the effect of the recording or the failure to record any instrument affecting land.
[Pre-2002 Recodification Citation: 32-1-5-7.]
As added by P.L.2-2002, SEC.5.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 2. Definitions › 32-20-2-2. "Marketable Record Title" Defined

Sec. 2. "Marketable record title" means a title of record, as described in IC 32-20-3-1, that operates to extinguish interests and claims existing before the effective date of the root of title, as provided in IC 32-20-3-3.
[Pre-2002 Recodification Citation: 32-1-5-8(a).]
As added by P.L.2-2002, SEC.5.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 2. Definitions › 32-20-2-3. "Muniments" Defined

Sec. 3. "Muniments" means the records of title transactions in the chain of title of a person that:
(1) purport to create the interest in land claimed by the person; and
(2) upon which the person relies as a basis for the marketability of the person's title;
commencing with the root of title and including all subsequent transactions.
[Pre-2002 Recodification Citation: 32-1-5-8(b).]
As added by P.L.2-2002, SEC.5.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 2. Definitions › 32-20-2-4. "Person Dealing With Land" Defined

Sec. 4. "Person dealing with land" includes:
(1) a purchaser of an estate or interest in an estate;
(2) a mortgagee;
(3) a levying or attaching creditor;
(4) a land contract vendee; or
(5) a person seeking to:
(A) acquire an estate or interest in an estate; or
(B) impose a lien on an estate.
[Pre-2002 Recodification Citation: 32-1-5-8(d).]
As added by P.L.2-2002, SEC.5.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 2. Definitions › 32-20-2-5. "Records" Defined

Sec. 5. "Records" includes all official public records that affect title to land.
[Pre-2002 Recodification Citation: 32-1-5-8(c).]
As added by P.L.2-2002, SEC.5.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 2. Definitions › 32-20-2-6. "Root of Title" Defined

Sec. 6. "Root of title" means that title transaction in the chain of title of a person:
(1) that purports to create the interest claimed by the person;
(2) upon which the person relies as a basis for the marketability of the person's title; and
(3) that is the most recent to be recorded as of a date at least fifty (50) years before the time when marketability is being determined.
The effective date of the root of title is the date on which it is recorded.
[Pre-2002 Recodification Citation: 32-1-5-8(e).]
As added by P.L.2-2002, SEC.5.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 2. Definitions › 32-20-2-7. "Title Transaction" Defined

Sec. 7. "Title transaction" means any transaction affecting title to any interest in land, including the following:
(1) Title by will or descent.
(2) Title by tax deed.
(3) Title by trustee's, referee's, guardian's, executor's, administrator's, commissioner's, or sheriff's deed.
(4) Title by decree of a court.
(5) Title by warranty deed, quitclaim deed, or mortgage.
[Pre-2002 Recodification Citation: 32-1-5-8(f).]
As added by P.L.2-2002, SEC.5.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 3. Interests in Title › 32-20-3-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 2 of this chapter by P.L.18-2008 apply only to determinations of marketable record title after June 30, 2008.
As added by P.L.220-2011, SEC.521.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 3. Interests in Title › 32-20-3-1. Unbroken Chain of Title; Definition

Sec. 1. A person who has an unbroken chain of title of record to an interest in land for at least fifty (50) years has a marketable record title to that interest, subject to section 2 of this chapter. A person is considered to have this unbroken chain of title when:
(1) the official public records disclose a title transaction of record that occurred at least fifty (50) years before the time the marketability is determined; and
(2) the title transaction purports to create an interest in:
(A) the person claiming the interest; or
(B) a person from whom, by one (1) or more title transactions of record, the purported interest has become vested in the person claiming the interest;
with nothing appearing of record purporting to divest the claimant of the purported interest.
[Pre-2002 Recodification Citation: 32-1-5-1.]
As added by P.L.2-2002, SEC.5.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 3. Interests in Title › 32-20-3-2. Interests and Defects Affecting Marketable Record Title

Sec. 2. Marketable record title is subject to the following:
(1) All interests and defects that are inherent in the muniments of which the chain of record title is formed. However, a general reference in the muniments, or any one (1) of them, to:
(A) easements;
(B) use restrictions; or
(C) other interests created before the root of title;
is not sufficient to preserve them, unless specific identification is made in the muniments of a recorded title transaction that creates the easement, use restriction, or other interest.
(2) All interests preserved by:
(A) the filing of proper notice; or
(B) possession by the same owner continuously for at least fifty (50) years, in accordance with IC 32-20-4-1.
(3) The rights of any person arising from adverse possession or adverse user, if the period of adverse possession or adverse user was wholly or partly subsequent to the effective date of the root of title.
(4) Any interest arising out of a title transaction recorded after the effective date of the root of title from which the unbroken chain of title of record is started. However, the recording shall not revive or give validity to any interest that has been extinguished before the time of the recording by the operation of section 3 of this chapter.
(5) The exceptions stated in IC 32-20-4-3 concerning:
(A) rights of reversioners in leases;
(B) rights of any lessee in and to any lease; and
(C) easements and interests in the nature of easements.
(6) All interests of the department of environmental management arising from the recording of a restrictive covenant under IC 13, regardless of whether the recording occurred before July 1, 2008.
[Pre-2002 Recodification Citation: 32-1-5-2.]
As added by P.L.2-2002, SEC.5. Amended by P.L.18-2008, SEC.2; P.L.220-2011, SEC.522.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 3. Interests in Title › 32-20-3-3. Transactions Before Root of Title

Sec. 3. Subject to section 2 of this chapter, marketable record title is held by its owner and is taken by a person dealing with the land free and clear of all interests, claims, or charges whose existence depends upon any act, transaction, event, or omission that occurred before the effective date of the root of title. All the interests, claims, or charges, however denominated, whether:
(1) legal or equitable;
(2) present or future; or
(3) asserted by a person who is:
(A) sui juris or under a disability;
(B) within or outside Indiana;
(C) natural or corporate; or
(D) private or governmental;
are void.
[Pre-2002 Recodification Citation: 32-1-5-3.]
As added by P.L.2-2002, SEC.5.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 4. Notice of Claim › 32-20-4-1. Notice of Claim; Filing

Sec. 1. (a) A person claiming an interest in land may preserve and keep effective that interest by filing for record during the fifty (50) year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a notice in writing, verified by oath, setting forth the nature of the claim. A disability or lack of knowledge of any kind on the part of anyone does not suspend the running of the fifty (50) year period. Notice may be filed for record by the claimant or by a person acting on behalf of any claimant who is:
(1) under a disability;
(2) unable to assert a claim on the claimant's behalf; or
(3) one (1) of a class whose identity cannot be established or is uncertain at the time of filing the notice of claim for record.
(b) If the same record owner of any possessory interest in land has been in possession of the land continuously for a period of at least fifty (50) years, during which period:
(1) title transaction with respect to the interest does not appear of record in the record owner's chain of title;
(2) notice has not been filed by the record owner or on behalf of the record owner as provided in subsection (a); and
(3) possession continues to the time when marketability is being determined;
the period of possession is considered equivalent to the filing of the notice immediately preceding the termination of the fifty (50) year period described in subsection (a).
(c) If:
(1) a person claims the benefit of an equitable restriction or servitude that is one (1) of a number of substantially identical mutual restrictions on the use of tracts in a platted subdivision, the plat of which is recorded as provided by law; and
(2) the subdivision plan provides for an association, corporation, committee, or other similar group that is empowered to determine whether the restrictions are to be terminated or continued at the expiration of a stated period not exceeding fifty (50) years, and, by the terms of this provision, it is determined that:
(A) the restrictions are not to be terminated; or
(B) the restrictions are to be continued because no determination to terminate has been made;
then the officer or other person authorized to represent the association, corporation, committee, or other similar group may preserve and keep in effect all the restrictions by filing a notice as provided in subsection (a) on behalf of all owners of land in the subdivision for the benefit of whom the restrictions exist.
[Pre-2002 Recodification Citation: 32-1-5-4.]
As added by P.L.2-2002, SEC.5.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 4. Notice of Claim › 32-20-4-2. Notice of Claim; Contents; Indexing by County Recorder

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.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 4. Notice of Claim › 32-20-4-3. Notice of Claim; Effect of Failure to File on Lease or Easement

Sec. 3. (a) Failure to file the notice required under this chapter does not bar:
(1) a lessor or the lessor's successor as a reversioner of the lessor's right to possession on the expiration of any lease; or
(2) a lessee or the lessee's successor of the lessee's rights in and to any lease.
(b) Failure to file the notice required under this chapter does not bar or extinguish any easement, interest in the nature of an easement, or any rights appurtenant to an easement granted, excepted, or reserved by the instrument creating the easement or interest, including any rights for future use, if the existence of the easement or interest is evidenced by the location beneath, upon, or above any part of the land described in the instrument of any pipe, valve, road, wire, cable, conduit, duct, sewer, track, pole, tower, or other physical facility and whether or not the existence of the facility is observable. However, equitable restrictions or servitudes on the use of land are not considered easements or interests in the nature of easements as that phrase is used in this section.
[Pre-2002 Recodification Citation: 32-1-5-6.]
As added by P.L.2-2002, SEC.5.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 4. Notice of Claim › 32-20-4-4. Property Owner's Notice to Claimant to File Action to Enforce the Claim; Claimant's Failure to File; Recording of Owner's Affidavit; Release From Claim

Sec. 4. (a) A claim for an interest in land filed under this chapter is void if both of the following occur:
(1) The owner of the property subject to the claim or any person or corporation having an interest in the property, including a mortgagee or a lienholder, provides written notice to the claimant to file an action to enforce the claim.
(2) The claimant fails to file an action to enforce the claim in the county where the property is located not later than thirty (30) days after receiving the notice described in subdivision (1).
However, this section does not prevent any other claim with respect to the land from being collected or enforced as other claims are collected or enforced by law.
(b) A person who has given notice under subsection (a)(1) by registered or certified mail to the claimant, at the address given by the claimant in the recorded notice of the claim, may file with the recorder of the county in which the property is located an affidavit of service of the notice under subsection (a)(1) to file an action to enforce the claim. The affidavit must state the following:
(1) The facts of the notice under subsection (a)(1).
(2) That more than thirty (30) days have passed since the notice under subsection (a)(1) was received by the claimant.
(3) That no action for enforcement of the claim is pending.
(4) That no unsatisfied judgment has been rendered on the claim.
(5) A reference to the recording information for the notice of claim recorded under sections 1 and 2 of this chapter.
(c) The recorder shall record the affidavit of service in the miscellaneous record book of the recorder's office, with a reference to the recorded notice of claim identified in the affidavit of service under subsection (b)(5). When the recorder records the affidavit of service with a reference to the notice of claim under this subsection, the land described in the claim is released from the claim.
As added by P.L.196-2019, SEC.1.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 5. Slander of Title › 32-20-5-1. Filing Notices to Slander Title Prohibited

Sec. 1. A person may not use the privilege of:
(1) filing notices under this article; or
(2) using the procedures under IC 32-28-13 concerning common law liens;
to slander the title to land.
[Pre-2002 Recodification Citation: 32-1-5-9 part.]
As added by P.L.2-2002, SEC.5. Amended by P.L.191-2015, SEC.1.
2023 Indiana Code › Title 32. Property › Article 20. Marketable Title for Real Property › Chapter 5. Slander of Title › 32-20-5-2. Filing Claim to Slander Title; Claimant's Liability for Costs and Damages

Sec. 2. In any action to quiet title to land, if the court finds that a person has filed a claim only to slander title to land, the court shall:
(1) award the plaintiff all the costs of the action, including attorney's fees that the court allows to the plaintiff; and
(2) decree that the defendant asserting the claim shall pay to the plaintiff all damages that the plaintiff may have sustained as the result of the notice of claims having been filed for record.
[Pre-2002 Recodification Citation: 32-1-5-9 part.]
As added by P.L.2-2002, SEC.5.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-1. Requirement of Written Agreement; Agreements or Promises Covered

Sec. 1. (a) This section does not apply to a lease for a term of not more than three (3) years.
(b) A person may not bring any of the following actions unless the promise, contract, or agreement on which the action is based, or a memorandum or note describing the promise, contract, or agreement on which the action is based, is in writing and signed by the party against whom the action is brought or by the party's authorized agent:
(1) An action charging an executor or administrator, upon any special promise, to answer damages out of the executor's or administrator's own estate.
(2) An action charging any person, upon any special promise, to answer for the debt, default, or miscarriage of another.
(3) An action charging any person upon any agreement or promise made in consideration of marriage.
(4) An action involving any contract for the sale of land.
(5) An action involving any agreement that is not to be performed within one (1) year from the making of the agreement.
(6) An action involving an agreement, promise, contract, or warranty of cure concerning medical care or treatment. However, this subdivision does not affect the right to sue for malpractice or negligence.
[Pre-2002 Recodification Citation: 32-2-1-1.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-2. Consideration for Agreement; Writing Not Required

Sec. 2. The consideration that is the basis of a promise, contract, or agreement described in section 1 of this chapter does not need to be in writing but may be proved.
[Pre-2002 Recodification Citation: 32-2-1-2.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-3. Conveyance; Trust in Lands; Goods; Things in Action

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.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-4. Trust Arising From or Extinguished by Implication of Law

Sec. 4. Nothing contained in any Indiana law may be construed to prevent any trust from arising or being extinguished by implication of law.
[Pre-2002 Recodification Citation: 32-2-1-4.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-5. Compelling Specific Performance in Cases of Part Performance

Sec. 5. Nothing contained in any Indiana statute may be construed to abridge the powers of courts to compel the specific performance of agreements in cases of part performance of the agreements.
[Pre-2002 Recodification Citation: 32-2-1-5.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-6. Representations Concerning Other Persons

Sec. 6. An action may not be brought against a person for a representation made by the person concerning the character, conduct, credit, ability, trade, or dealings of any other person, unless the representation is in writing and signed by the person or by the person's lawful agent.
[Pre-2002 Recodification Citation: 32-2-1-6.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-7. Conveyance Revocable at Will of Grantor; Provision Void as to Subsequent Purchaser

Sec. 7. If a conveyance of or charge upon an estate contains a provision for revocation at the will of the grantor, the provision is void as to subsequent purchasers from the grantor, for a valuable consideration, of the estate or interest subject to the provision, even though the provision is not expressly revoked.
[Pre-2002 Recodification Citation: 32-2-1-11.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-8. Revocation and Reconveyance Power; Person Other Than Grantor

Sec. 8. If the power to revoke a conveyance of any interest in land, and to reconvey the interest, is given to any person other than the grantor in the conveyance, and the person given the power conveys the interest to a purchaser for a valuable consideration, the subsequent conveyance is valid.
[Pre-2002 Recodification Citation: 32-2-1-12.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-9. Conveyance Before Vesting of Power of Revocation

Sec. 9. If a conveyance to a purchaser under either section 7 or 8 of this chapter is made before the person making the conveyance is entitled to execute the person's power of revocation, the conveyance is valid from the time the power of revocation vests in the person.
[Pre-2002 Recodification Citation: 32-2-1-13.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-10. Commission for Finding Purchaser of Real Estate

Sec. 10. A contract for the payment of any sum of money or thing of value, as a commission or reward for the finding or procuring by one (1) person of a purchaser for the real estate of another, is not valid unless the contract is in writing and signed by the owner of the real estate or the owner's legally appointed and duly qualified representative. For purposes of this section, any general reference to the real estate that is sufficient to identify the real estate is a sufficient description of the real estate.
[Pre-2002 Recodification Citation: 32-2-2-1.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-11. Repealed

[Pre-2002 Recodification Citation: 32-2-4-1.]
As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.32.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-12. Repealed

[Pre-2002 Recodification Citation: 32-2-5-1.]
As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.33.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-13. Conveyance of Land; Written Deed Required

Sec. 13. (a) As used in subsection (b), "conveyance" means any electronic record (as defined in IC 26-2-8-102) or any paper or other tangible medium or document that is:
(1) a lease or memorandum of lease for a term exceeding three (3) years;
(2) a deed of:
(A) land; or
(B) any interest in land;
(3) a mortgage; or
(4) a land contract or memorandum of land contract for the sale and purchase of land.
(b) A conveyance must:
(1) be in writing;
(2) be executed or signed by the:
(A) lessor or landlord;
(B) grantor (as defined in IC 32-17-1-1); or
(C) land contract seller; and
(3) have an acknowledgment (as defined in IC 33-42-0.5-2) or a proof (as defined in and permitted under IC 32-21-2).
(c) If a transfer on death deed under IC 32-17-14 has been recorded before the death of the owner (as defined in IC 32-17-14-3) with the recorder of deeds in the county in which the real property is situated, a subsequent conveyance of the real property is void if it is not recorded before the death of the owner with the recorder of deeds in the county in which the real property is situated.
[Pre-2002 Recodification Citation: 32-1-2-4.]
As added by P.L.2-2002, SEC.6. Amended by P.L.231-2019, SEC.46; P.L.185-2021, SEC.34.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-14. Conveyances by Attorney; Power of Attorney

Sec. 14. A conveyance of land by an attorney in fact (as defined in IC 30-5-2-2) is not good unless the attorney in fact is empowered by a power of attorney (as defined in IC 30-5-2-7) that:
(1) is executed or signed by the principal (as defined in IC 30-5-2-8); and
(2) has an acknowledgment (as defined in IC 33-42-0.5-2) or a proof (as defined in and permitted under IC 32-21-2).
[Pre-2002 Recodification Citation: 32-1-2-5.]
As added by P.L.2-2002, SEC.6. Amended by P.L.185-2021, SEC.35.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-15. Conveyances by Quitclaim

Sec. 15. (a) A conveyance of land that is:
(1) worded in substance as "A.B. quitclaims to C.D." (here describe the premises) "for the sum of" (here insert the consideration); and
(2) signed, sealed, and acknowledged by the grantor (as defined in IC 32-17-1-1);
is a good and sufficient conveyance in quitclaim to the grantee and the grantee's heirs and assigns.
(b) If a transfer on death deed under IC 32-17-14 has been recorded before the death of the owner (as defined in IC 32-17-14-3) with the recorder of deeds in the county in which the real property is situated, a subsequent conveyance of the real property is void if it is not recorded before the death of the owner with the recorder of deeds in the county in which the real property is situated.
[Pre-2002 Recodification Citation: 32-1-2-13.]
As added by P.L.2-2002, SEC.6. Amended by P.L.231-2019, SEC.47.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-16. Estate of Inheritance; Expression of Intent Required to Create Lesser Estate

Sec. 16. It is not necessary to use the words "heirs and assigns of the grantee" to create in the grantee an estate of inheritance. If it is the intention of the grantor (as defined in IC 32-17-1-1) to convey any lesser estate, the grantor shall express that intention in the deed.
[Pre-2002 Recodification Citation: 32-1-2-14.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 1. Statute of Frauds; Writing Requirements › 32-21-1-17. Incorporating by Reference Recorded Encumberances

Sec. 17. A conveyance of land may incorporate by reference a recorded covenant, restriction, easement, or other encumbrance on the use of the land with a clause that is substantially similar to either of the following:
(1) "Subject to the __________ (insert the type of encumbrance) recorded on _____ (insert the date of recording) in ___________ (insert the book and page number on which the encumbrance is recorded or the instrument number in which the encumbrance is recorded).".
(2) "Subject to ___________ (insert the type of encumbrance) of record.".
As added by P.L.171-2006, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-1. "Grantor" Defined

Sec. 1. As used in this chapter, "grantor" has the meaning set forth in IC 32-17-1-1.
[2002 Recodification Citation: New.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-1.2. "Homeowners Association"

Sec. 1.2. As used in this chapter, "homeowners association" means a corporation or another entity that:
(1) is organized and operated exclusively for the benefit of two (2) or more persons who each own a dwelling in fee simple;
(2) acts, in accordance with bylaws governing the corporation or entity, to:
(A) acquire, transfer, manage, repair, maintain, or engage in construction on or in the land and improvements on the land related to the use of the dwellings owned by the members of the corporation or entity;
(B) purchase insurance to cover a casualty or an activity on or in the land and improvements on the land;
(C) engage in an activity incidental to an activity described in clause (A) or (B); or
(D) engage in more than one (1) of the activities described in clauses (A) through (C); and
(3) may be governed by a board that serves the purpose of setting policy and controlling or otherwise overseeing the activities or functional responsibilities of the corporation or entity.
As added by P.L.43-2013, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-1.5. "Instrument"

Sec. 1.5. As used in this chapter, "instrument" means:
(1) an electronic document as defined in IC 32-21-2.5-3; or
(2) any paper document as defined in IC 32-21-2.5-8(a);
that is submitted to a county recorder for recording under IC 29-1-7-23(d), IC 32-21-2, IC 32-21-2.5, IC 32-21-3, IC 32-21-4, IC 32-21-8-7(b), or IC 36-2-11.
As added by P.L.2-2021, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-1.7. "Proof"

Sec. 1.7. As used in this chapter, "proof", with respect to a notarial act, means a proof:
(1) under common law; or
(2) where the witness:
(A) appears before a notarial officer;
(B) was personally known by the notarial officer or identified by the notarial officer through satisfactory evidence;
(C) was not a party to, or a beneficiary of, the record being signed by the principal and the witness; and
(D) took an oath or gave an affirmation and testified to the following:
(i) The witness signed the record.
(ii) The witness identified the principal who signed the record.
(iii) The witness personally observed the principal sign the same record that the witness signed.
As added by P.L.2-2021, SEC.2.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 2. Recording Process › 32-21-2-2. "Tract" Defined

Sec. 2. As used in this chapter, "tract" means an area of land that is:
(1) under common fee simple ownership;
(2) contained within a continuous border; and
(3) a separately identified parcel for property tax purposes.
[Pre-2002 Recodification Citation: 32-1-2-37(a).]
As added by P.L.2-2002, SEC.6.