reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 8. Tax Sale Surplus Disclosure › 32-21-8-2. Tax Sale Surplus Fund Disclosure Form; Filing

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.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 8. Tax Sale Surplus Disclosure › 32-21-8-3. Tax Sale Surplus Fund Disclosure Form; Contents

Sec. 3. A tax sale surplus fund disclosure form must contain the following information:
(1) The name and address of the taxpayer transferring the property.
(2) The name and address of the person acquiring the property.
(3) The proposed date of transfer.
(4) The purchase price for the transfer.
(5) The date the property was sold at a tax sale under IC 6-1.1-24.
(6) The amount of the tax sale purchaser's bid that was deposited into the tax sale surplus fund under IC 6-1.1-24-7.
(7) Proof from the county treasurer that the person acquiring the property has paid to the county treasurer the amount required under IC 6-1.1-25 for redemption of the property.
[Pre-2002 Recodification Citation: 32-2-8-3.]
As added by P.L.2-2002, SEC.6. Amended by P.L.187-2016, SEC.14.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 8. Tax Sale Surplus Disclosure › 32-21-8-4. Signing and Acknowledging of Form

Sec. 4. The tax sale surplus fund disclosure form must be signed by the taxpayer transferring the property and acknowledged before an officer authorized to take acknowledgments of deeds.
[Pre-2002 Recodification Citation: 32-2-8-4.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 8. Tax Sale Surplus Disclosure › 32-21-8-5. Duties of County Auditor

Sec. 5. The county auditor shall:
(1) stamp the tax sale surplus fund disclosure form to indicate the county auditor's receipt of the form; and
(2) remit the duplicate to the taxpayer.
[Pre-2002 Recodification Citation: 32-2-8-5.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 8. Tax Sale Surplus Disclosure › 32-21-8-6. State Board of Accounts to Prescribe Form

Sec. 6. The state board of accounts shall prescribe the tax sale surplus fund disclosure form required by this chapter.
[Pre-2002 Recodification Citation: 32-2-8-6.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 8. Tax Sale Surplus Disclosure › 32-21-8-7. Endorsement of Conveyance Document

Sec. 7. (a) Before a county auditor may make the endorsement required by IC 36-2-11-14 on a document of conveyance for property to which this chapter applies, the person acquiring the property must:
(1) redeem the property by paying to the county treasurer the total amount required under IC 6-1.1-25; and
(2) provide to the county auditor proof from the county treasurer that the person made the payment specified under subdivision (1).
(b) A conveyance of property to which this chapter applies is inoperable and void if the conveyance document is not recorded with the county recorder of the county where the property is located on or before the expiration of the redemption period specified under IC 6-1.1-25 for the property.
As added by P.L.187-2016, SEC.15.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 9. Written Instruments by Members of the Armed Forces › 32-21-9-1. Repealed

[Pre-2002 Recodification Citation: 32-2-3-1.]
As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.51.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 9. Written Instruments by Members of the Armed Forces › 32-21-9-2. Repealed

[Pre-2002 Recodification Citation: 32-2-3-2.]
As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.52.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 9. Written Instruments by Members of the Armed Forces › 32-21-9-3. Repealed

[Pre-2002 Recodification Citation: 32-2-3-3.]
As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.53.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 9. Written Instruments by Members of the Armed Forces › 32-21-9-4. Repealed

[Pre-2002 Recodification Citation: 32-2-3-4.]
As added by P.L.2-2002, SEC.6. Repealed by P.L.185-2021, SEC.54.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 10. Conveyances in Which the Grantor and Another Are Named as Grantees › 32-21-10-1. "Person" or "Persons" Defined

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.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 10. Conveyances in Which the Grantor and Another Are Named as Grantees › 32-21-10-2. Effect of Conveyance by Grantee to Grantee and Another

Sec. 2. (a) A person who owns real property or an interest in real property that the person has the power to convey may effectively convey the property or interest by a conveyance naming as grantees that person and one (1) or more other persons.
(b) Two (2) or more persons who own real property or an interest in real property that the persons have the power to convey may effectively convey the property or interest by a conveyance naming as grantees one (1) or more of those persons and one (1) or more other persons.
(c) A conveyance under subsection (a) or (b) has the same effect as to whether it creates an estate in:
(1) severalty;
(2) joint tenancy with right of survivorship;
(3) tenancy by the entirety; or
(4) tenancy in common;
as if the conveyance were a conveyance from a stranger who owned the property or interest to the persons named as grantees in the conveyance.
[Pre-2002 Recodification Citation: 32-1-9-1.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 10. Conveyances in Which the Grantor and Another Are Named as Grantees › 32-21-10-3. Effects of Conveyance by Two or More Grantees to One or More Grantees

Sec. 3. (a) Two (2) or more persons who own real property or an interest in real property that they have power to convey may effectively convey the property or interest by a conveyance naming as grantee or grantees one (1) or more of those persons.
(b) A conveyance under subsection (a) has the same effect, as to whether it creates an estate in:
(1) severalty;
(2) joint tenancy with right of survivorship;
(3) tenancy by the entirety; or
(4) tenancy in common;
as if the conveyance were a conveyance from a stranger who owned the property or interest to the person or persons named as grantee or grantees in the conveyance.
[Pre-2002 Recodification Citation: 32-1-9-2.]
As added by P.L.2-2002, SEC.6.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 12. Deed Restrictions Regarding Industrialized Residential Structures › 32-21-12-1. "Industrialized Residential Structure"

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.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 12. Deed Restrictions Regarding Industrialized Residential Structures › 32-21-12-2. Application of Chapter

Sec. 2. This chapter applies only to deed restrictions or restrictive covenants that are recorded after June 30, 2007.
As added by P.L.139-2007, SEC.2.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 12. Deed Restrictions Regarding Industrialized Residential Structures › 32-21-12-3. Deed Restriction or Restrictive Covenant Concerning Erection of Industrialized Residential Structure

Sec. 3. (a) Except as provided in section 4 of this chapter, a deed restriction or restrictive covenant may not prohibit or restrict the erection of an industrialized residential structure on real property.
(b) This section does not require a property owner to erect an industrialized residential structure on the owner's property.
As added by P.L.139-2007, SEC.2.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 12. Deed Restrictions Regarding Industrialized Residential Structures › 32-21-12-4. Aesthetic Compatibility Requirement Permitted

Sec. 4. A deed restriction, restrictive covenant, or agreement that applies uniformly to all homes and industrialized residential structures in a subdivision may impose the same aesthetic compatibility requirements on an industrialized residential structure in the subdivision that are applicable to all residential structures in the subdivision.
As added by P.L.139-2007, SEC.2.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 13. Display of Political Signs on Property Subject to Restrictive Covenants or Homeowners Association Rules › 32-21-13-1. Application of Election Law Definitions

Sec. 1. The definitions in IC 3-5-2 apply to this chapter.
As added by P.L.5-2010, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 13. Display of Political Signs on Property Subject to Restrictive Covenants or Homeowners Association Rules › 32-21-13-2. "Rules"

Sec. 2. As used in this chapter, "rules" refers to any of the following:
(1) A restrictive covenant.
(2) A homeowners association rule.
As added by P.L.5-2010, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 13. Display of Political Signs on Property Subject to Restrictive Covenants or Homeowners Association Rules › 32-21-13-3. "Sign"

Sec. 3. As used in this chapter, "sign" refers only to a sign advocating:
(1) the election or defeat of one (1) or more candidates for:
(A) nomination; or
(B) election;
to a public office;
(2) support for or opposition to:
(A) a political party; or
(B) a political party's candidates; or
(3) the approval or disapproval of a public question.
As added by P.L.5-2010, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 13. Display of Political Signs on Property Subject to Restrictive Covenants or Homeowners Association Rules › 32-21-13-4. Prohibition on Homeowner Association Adoption or Enforcement of Rules Relating to Display of Political Signs; Exceptions

Sec. 4. Except as provided in section 5 of this chapter, a homeowners association may not adopt or enforce a rule that prohibits a member of the homeowners association from displaying a sign on the member's property during the period:
(1) beginning thirty (30) days before; and
(2) ending five (5) days after;
the date of the election to which the sign relates.
As added by P.L.5-2010, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 13. Display of Political Signs on Property Subject to Restrictive Covenants or Homeowners Association Rules › 32-21-13-5. Permissible Rules Relating to Display of Political Signs

Sec. 5. A homeowners association may adopt and enforce rules relating to a sign described in section 3 of this chapter if the rules do any of the following:
(1) Restrict the size of a sign if the rule permits a homeowner to display a sign that is at least as large as signs commonly displayed during election campaigns.
(2) Restrict the number of signs that may be displayed if the rule permits a homeowner to display a reasonable number of signs.
(3) Restrict the locations where a sign may be displayed. However, a restriction under this subdivision may not prohibit the display of a sign:
(A) in a window on the homeowner's property; or
(B) on the ground that is part of the homeowner's property.
As added by P.L.5-2010, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 13. Display of Political Signs on Property Subject to Restrictive Covenants or Homeowners Association Rules › 32-21-13-6. Homeowners Association May Remove Sign That Violates Permitted Rules

Sec. 6. A homeowners association may remove a sign that violates the rules permitted by this chapter.
As added by P.L.5-2010, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 13. Display of Political Signs on Property Subject to Restrictive Covenants or Homeowners Association Rules › 32-21-13-7. Political Activity on Homeowners Association Property May Not Be Prohibited; Exception

Sec. 7. (a) This section does not apply to homeowners association property if:
(1) access to the property from the outside is controlled by gates or other means; and
(2) the common areas, including roads and sidewalks, are privately owned and maintained.
(b) As used in this section, "homeowners association property" refers to real property owned by any of the following:
(1) A member of the homeowners association.
(2) The homeowners association.
(3) The members of the homeowners association in common.
(c) A homeowners association may not adopt or enforce a rule or covenant that prohibits, or has the effect of prohibiting:
(1) a candidate;
(2) an individual who holds an elected office;
(3) the spouse of a candidate or individual who holds an elected office; or
(4) a volunteer worker of a candidate or individual who holds an elected office;
from entering onto homeowners association property for purposes of conducting political activity.
As added by P.L.73-2014, SEC.1. Amended by P.L.174-2015, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 14. Transfer Fee Covenants › 32-21-14-1. "Transfer"

Sec. 1. As used in this chapter, "transfer" means the transfer of an interest in real property located in Indiana by:
(1) sale;
(2) gift;
(3) conveyance;
(4) assignment;
(5) inheritance; or
(6) other means of transfer.
As added by P.L.136-2011, SEC.1. Amended by P.L.6-2012, SEC.207.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 14. Transfer Fee Covenants › 32-21-14-2. "Transfer Fee"

Sec. 2. (a) As used in this chapter, "transfer fee" means a fee or charge that:
(1) is required under a transfer fee covenant; and
(2) is payable:
(A) upon the transfer of an interest in real property; or
(B) for the right to make or accept a transfer of an interest in real property;
regardless of whether the fee or charge is in a fixed amount or is determined as a percentage of the value of the property, of the purchase price of the property, or of any consideration given for the transfer of the property.
(b) The term does not include any of the following:
(1) Any consideration payable by the transferee to the transferor for the interest in the real property being transferred, including any consideration payable for a separate mineral estate and its appurtenant surface access rights.
(2) Any commission to a real estate broker licensed under IC 25-34.1 payable:
(A) in connection with the transfer of an interest in real property; and
(B) under an agreement between the real estate broker and the transferor or transferee.
(3) Any interest, charges, fees, or other amounts payable by a borrower to a lender under a loan secured by a mortgage against an interest in real property, including the following:
(A) Any fee payable to the lender for consenting to an assumption of the loan or to a transfer of the property interest subject to the mortgage.
(B) Any fees or charges payable to the lender for estoppel letters or certificates.
(C) Any other consideration allowed by law and payable to the lender in connection with the loan.
(4) Any rent, reimbursement, charge, fee, or other amount payable by a lessee to a lessor under a lease, including any fee payable to the lessor for consenting to an assignment, subletting, encumbrance, or transfer of the lease.
(5) Any consideration payable to the holder of:
(A) an option to purchase an interest in real property; or
(B) a right of first refusal or first offer to purchase an interest in real property;
for waiving, releasing, or not exercising the option or right upon the transfer of the property interest to another person.
(6) Any tax, fee, charge, assessment, fine, or other amount payable to or imposed by a governmental entity.
(7) Any fee, charge, assessment, fine, or other amount payable to:
(A) a homeowners association;
(B) a condominium association;
(C) a cooperative association;
(D) a mobile home association;
(E) another property owners association; or
(F) an agent representing an association described in clauses (A) through (E);
under a covenant, law, or contract applicable to the association.
As added by P.L.136-2011, SEC.1. Amended by P.L.6-2012, SEC.208; P.L.127-2012, SEC.48.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 14. Transfer Fee Covenants › 32-21-14-3. "Transfer Fee Covenant"

Sec. 3. As used in this chapter, "transfer fee covenant" means a declaration or covenant, however denominated and regardless of whether it is recorded, that:
(1) purports to affect an interest in real property located in Indiana; and
(2) requires or purports to require the payment of a transfer fee to:
(A) the declarant;
(B) another person specified in the declaration or covenant; or
(C) the successors or assigns of a person described in clause (A) or (B);
upon a subsequent transfer of the interest in real property.
As added by P.L.136-2011, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 14. Transfer Fee Covenants › 32-21-14-4. Transfer Fee Covenants; Not Binding or Enforceable; Lien to Secure Payment Void and Unenforceable; No Presumption of Validity

Sec. 4. (a) A transfer fee covenant recorded in Indiana after June 30, 2011:
(1) does not run with the title of the interest in real property the transfer fee covenant purports to affect; and
(2) is not binding or enforceable at law or in equity, as an equitable servitude or otherwise, against any subsequent owner, purchaser, or mortgagee of the interest in the real property the transfer fee covenant purports to affect.
(b) Any lien purporting to secure the payment of a transfer fee payable under a transfer fee covenant recorded in Indiana after June 30, 2011, is void and unenforceable.
(c) A:
(1) transfer fee covenant; or
(2) lien purporting to secure the payment of a transfer fee payable under a transfer fee covenant;
recorded in Indiana before July 1, 2011, is not presumed to be valid and enforceable.
As added by P.L.136-2011, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 15. Discriminatory Restrictive Covenants › 32-21-15-1. "Discriminatory Restrictive Covenant"

Sec. 1. As used in this chapter, "discriminatory restrictive covenant" means any restrictive covenant on real property which, if enforced, would violate:
(1) the prohibition in the federal Fair Housing Act (42 U.S.C. 3601 et seq.) against discrimination on the basis of race, color, sex, religion, familial status, disability, or national origin; or
(2) the equal protection clause of the Constitution of the United States under Shelley v. Kraemer, 334 U.S. 1 (1948) (holding enforcement of a racially restrictive covenant violates the equal protection clause).
As added by P.L.20-2021, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 15. Discriminatory Restrictive Covenants › 32-21-15-2. Filing Notice or Statement That Discriminatory Covenant Is Invalid

Sec. 2. A person who discovers a recorded discriminatory restrictive covenant may:
(1) with the consent of all parties to a real estate transaction, include in any deed, mortgage, or other instrument filed for recording in connection with the transaction a statement that the discriminatory restrictive covenant is invalid and unenforceable; or
(2) prepare and record a separate notice, cross-referenced to the discriminatory restrictive covenant, stating that the discriminatory restrictive covenant is invalid and unenforceable.
As added by P.L.20-2021, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 15. Discriminatory Restrictive Covenants › 32-21-15-3. Form of Notice or Statement That Discriminatory Covenant Is Invalid

Sec. 3. The statement or notice described in section 2 of this chapter shall be in a form substantially consistent with the following:
"The chain of title for the real property described herein contains a restrictive covenant that, if enforced, would discriminate against individuals based upon their race, color, sex, religion, familial status, disability, or national origin. The covenant is invalid, unenforceable, and antithetical to American values of equal justice and equality under the law.".
As added by P.L.20-2021, SEC.1.
2023 Indiana Code › Title 32. Property › Article 21. Conveyance Procedures for Real Property › Chapter 15. Discriminatory Restrictive Covenants › 32-21-15-4. Immunity

Sec. 4. A person who in good faith:
(1) prepares or causes to be prepared; or
(2) records or causes to be recorded;
a statement or notice under section 2 of this chapter is immune from liability for incorrectly stating that the restrictive covenant is discriminatory.
As added by P.L.20-2021, SEC.1.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 1. Limitations on Persons Who May Convey Real Property › 32-22-1-1. Mentally Incompetent Persons and Minors

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.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 1. Limitations on Persons Who May Convey Real Property › 32-22-1-2. False Representation; Good Faith Purchaser

Sec. 2. (a) This section does not apply to any sale or contract made and entered into before September 19, 1881.
(b) In all sales of real estate by a person less than eighteen (18) years of age, the person may not disaffirm the sale without first restoring to the purchaser the consideration received in the sale, if the person falsely represented himself or herself to the purchaser to be at least eighteen (18) years of age and the purchaser acted in good faith, relied upon the person's representations in the sale, and had good cause to believe the person to be at least eighteen (18) years of age.
[Pre-2002 Recodification Citations: 32-1-12-2; 32-1-12-3.]
As added by P.L.2-2002, SEC.7.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 1. Limitations on Persons Who May Convey Real Property › 32-22-1-3. Application of Law

Sec. 3. Any person who is:
(1) less than eighteen (18) years of age; and
(2) married to a person who is at least eighteen (18) years of age;
may convey, mortgage, or agree to convey any interest in real estate or may make any contract concerning the interest, with the consent of the circuit, superior, or probate court of the county where the person resides, upon payment of the fee required under IC 33-37-4-4.
[Pre-2002 Recodification Citation: 32-1-13-1.]
As added by P.L.2-2002, SEC.7. Amended by P.L.98-2004, SEC.117.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 1. Limitations on Persons Who May Convey Real Property › 32-22-1-4. Rights of Infant; Consent of Judge

Sec. 4. A judge may give consent under section 3 of this chapter to a conveyance or mortgage and to any note secured by the mortgage, agreement, or contract if the judge determines that it would benefit the person described in section 3 of this chapter and that it would be prejudicial to the spouse of the person if the execution of the instrument were prevented. The judge shall endorse the judge's consent on the instrument and sign it, and the instrument so certified is valid for all purposes as if the married person were at least eighteen (18) years of age. However, the judge has the power, in the judge's discretion, to examine witnesses concerning the propriety or necessity of executing the instrument.
[Pre-2002 Recodification Citation: 32-1-13-2.]
As added by P.L.2-2002, SEC.7.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 2. Rights of Aliens to Hold and Convey Real Property › 32-22-2-1. Alien Ownership; November 1, 1851

Sec. 1. The title of any resident of Indiana who was in actual possession of any land on or before November 1, 1851, or the title of any person holding under the resident may not be defeated or prejudiced by:
(1) the alienism of the resident; or
(2) the alienism of any other person through whom the resident's title was derived.
[Pre-2002 Recodification Citation: 32-1-2-3.]
As added by P.L.2-2002, SEC.7.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 2. Rights of Aliens to Hold and Convey Real Property › 32-22-2-2. Repealed

[Pre-2002 Recodification Citation: 32-1-7-1.]
As added by P.L.2-2002, SEC.7. Repealed by P.L.16-2003, SEC.2.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 2. Rights of Aliens to Hold and Convey Real Property › 32-22-2-3. Repealed

[Pre-2002 Recodification Citation: 32-1-7-2.]
As added by P.L.2-2002, SEC.7. Repealed by P.L.16-2003, SEC.2.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 2. Rights of Aliens to Hold and Convey Real Property › 32-22-2-4. Repealed

[Pre-2002 Recodification Citation: 32-1-7-3.]
As added by P.L.2-2002, SEC.7. Repealed by P.L.16-2003, SEC.2.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 2. Rights of Aliens to Hold and Convey Real Property › 32-22-2-5. Acquisition by Aliens; Title to Property

Sec. 5. (a) Natural persons who are aliens, whether they reside in the United States or any foreign country, subject to section 7 of this chapter, may:
(1) acquire real estate by purchase, devise, or descent;
(2) hold and enjoy real estate; and
(3) convey, devise, transmit, mortgage, or otherwise encumber real estate;
in the same manner and with the same effect as citizens of Indiana or the United States.
(b) The title of any real estate inherited, mortgaged, conveyed, or devised is not affected by the alienage of any person from or through whom the title is claimed or derived.
[Pre-2002 Recodification Citation: 32-1-8-1.]
As added by P.L.2-2002, SEC.7. Amended by P.L.16-2003, SEC.1.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 2. Rights of Aliens to Hold and Convey Real Property › 32-22-2-6. Repealed

[Pre-2002 Recodification Citation: 32-1-8-2.]
As added by P.L.2-2002, SEC.7. Repealed by P.L.16-2003, SEC.2.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 2. Rights of Aliens to Hold and Convey Real Property › 32-22-2-7. Conflicting Laws; Title to Property

Sec. 7. This chapter does not affect:
(1) the title to any real estate recovered or conveyed before March 6, 1905, by or under the authority of the state as escheated land;
(2) litigation pending on March 6, 1905, involving the escheat of land to the state; or
(3) the title of the state to any land to which the state has claimed, asserted, or attempted to assert title before March 6, 1905, by an action in any court of Indiana.
[Pre-2002 Recodification Citation: 32-1-8-3.]
As added by P.L.2-2002, SEC.7.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 3. Rights of a Foreign Business Entity to Hold and Convey Agricultural Land › 32-22-3-0.5. Applicability of Chapter

Sec. 0.5. (a) The prohibition on ownership of agricultural land established by this chapter does not apply to the following:
(1) Agricultural land that is used for research or experimental purposes, including testing, developing, or producing seeds or plants for sale or resale to farmers as seed stock.
(2) The acquisition by a foreign business entity of agricultural land or an interest in agricultural land that is located within Indiana:
(A) that is used for crop farming and that is not more than three hundred twenty (320) acres; or
(B) that is used for timber production and that is not more than ten (10) acres.
(3) As used in this subdivision, "confined feeding operation" has the meaning set forth in IC 13-11-2-40. The acquisition by a foreign business entity of a confined feeding operation or agricultural land on which to construct a confined feeding operation.
(4) Agricultural land used for raising or producing eggs or poultry, including hatcheries and other ancillary activities.
(b) This chapter does not affect the ability of a foreign business entity to hold or acquire by grant, purchase, devise, descent, or otherwise agricultural land in such acreage as may be necessary to its business operations for purposes other than crop farming or timber production.
As added by P.L.156-2022, SEC.2.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 3. Rights of a Foreign Business Entity to Hold and Convey Agricultural Land › 32-22-3-1. "Agricultural Land"

Sec. 1. As used in this chapter, "agricultural land" means land for use in crop farming or timber production.
As added by P.L.156-2022, SEC.2.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 3. Rights of a Foreign Business Entity to Hold and Convey Agricultural Land › 32-22-3-2. "Crop Farming"

Sec. 2. As used in this chapter, "crop farming" means the cultivation of land for the production of agricultural crops, consisting of plants or plant products that can be grown and harvested exclusively for profit or subsistence.
As added by P.L.156-2022, SEC.2.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 3. Rights of a Foreign Business Entity to Hold and Convey Agricultural Land › 32-22-3-3. "Foreign Business Entity"

Sec. 3. (a) As used in this chapter, "foreign business entity" means:
(1) a corporation, professional corporation, nonprofit corporation, limited liability company, partnership, or limited partnership that is organized under the laws of another country; or
(2) the equivalent of any entity described in subdivision (1).
(b) The term includes an agent, trustee, or fiduciary of the foreign business entity.
As added by P.L.156-2022, SEC.2.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 3. Rights of a Foreign Business Entity to Hold and Convey Agricultural Land › 32-22-3-4. Prohibition on Foreign Business Entities Acquiring Agricultural Land

Sec. 4. (a) Except as provided in section 0.5 of this chapter, after June 30, 2022, a foreign business entity may not acquire by grant, purchase, devise, descent, or otherwise any agricultural land located within Indiana for the purposes of crop farming or timber production.
(b) Except as provided in section 0.5 of this chapter, a foreign business entity that acquired agricultural land located within Indiana for the purposes of crop farming or timber production before July 1, 2022, may not grant, sell, or otherwise transfer the agricultural land to any other foreign business entity for the purposes of crop farming or timber production after June 30, 2022.
As added by P.L.156-2022, SEC.2. Amended by P.L.178-2022(ts), SEC.16.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 3. Rights of a Foreign Business Entity to Hold and Convey Agricultural Land › 32-22-3-5. Leasing Agricultural Land

Sec. 5. In the case of agricultural land for which development of the agricultural land for a purpose other than crop farming or timber production is pending, the agricultural land may be leased to a person who is not subject to this chapter for crop farming or timber production.
As added by P.L.156-2022, SEC.2.
2023 Indiana Code › Title 32. Property › Article 22. Conveyance Limitations of Real Property › Chapter 3. Rights of a Foreign Business Entity to Hold and Convey Agricultural Land › 32-22-3-6. Reporting Acquisitions of Agricultural Land

Sec. 6. (a) A foreign business entity that acquires, sells, or transfers agricultural land located within Indiana for the purposes of crop farming or timber production after June 30, 2022, must report the acquisition, sale, or transfer to:
(1) the secretary of state; and
(2) the attorney general;
not later than thirty (30) days after the acquisition, sale, or transfer of the agricultural land is finalized. The report must be made in the form and manner prescribed by the secretary of state. The attorney general shall review the reports that the attorney general receives under this subsection and investigate an acquisition, sale, or transfer of agricultural land if the attorney general believes the acquisition, sale, or transfer of agricultural land violates section 4 of this chapter.
(b) All agricultural land acquired, sold, or transferred in violation of section 4 of this chapter is subject to forfeiture to the state. The attorney general shall enforce a forfeiture under this subsection.
As added by P.L.156-2022, SEC.2.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 1. Easements: By Prescription › 32-23-1-1. Use for 20 Years

Sec. 1. The right-of-way, air, light, or other easement from, in, upon, or over land owned by a person may not be acquired by another person by adverse use unless the use is uninterrupted for at least twenty (20) years.
[Pre-2002 Recodification Citation: 32-5-1-1.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 1. Easements: By Prescription › 32-23-1-2. Notice; Disputing Adverse Claim

Sec. 2. The owner of land described in section 1 of this chapter, or the agent or guardian of the owner, may give notice to a claimant of a right or easement described in section 1 of this chapter that the owner, or the agent or guardian of the owner, will dispute the claimant's claim to a right or easement by adverse use.
[Pre-2002 Recodification Citation: 32-5-1-2.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 1. Easements: By Prescription › 32-23-1-3. Serving or Posting Notice; Easements

Sec. 3. Notice provided to a claimant under section 2 of this chapter must be:
(1) in writing; and
(2) served by an officer on the:
(A) claimant, if the claimant can be found; or
(B) if the claimant cannot be found, on the claimant's agent or the claimant's guardian;
or if the claimant, the claimant's agent, and the claimant's guardian cannot be found, a copy of the written notice shall be posted, for not less than ten (10) days, in a conspicuous place on or adjoining the premises where the right is disputed.
[Pre-2002 Recodification Citation: 32-5-1-3.]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 1. Easements: By Prescription › 32-23-1-4. Easements

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.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 2. Easements in Gross: Alienation, Inheritance, Assignment › 32-23-2-1. "Easement in Gross of a Commercial Character" Defined

Sec. 1. As used in this chapter, "easement in gross of a commercial character" means an easement:
(1) for the transmission or distribution of natural gas, petroleum products, or cable television signals;
(2) for the provision of telephone or water service; or
(3) for the transmission, distribution, or transformation of electricity.
[Pre-2002 Recodification Citation: 32-5-2-1(a).]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 2. Easements in Gross: Alienation, Inheritance, Assignment › 32-23-2-2. Alienation, Inheritance, or Assignment

Sec. 2. An easement in gross of a commercial character, including an easement acquired by eminent domain, that is created after June 30, 1989, may be alienated, inherited, or assigned in whole or in part unless the instrument creating the easement provides otherwise.
[Pre-2002 Recodification Citation: 32-5-2-1(b).]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 2. Easements in Gross: Alienation, Inheritance, Assignment › 32-23-2-3. Certain Easements in Gross of a Commercial Character

Sec. 3. (a) This section does not apply to an easement in gross of a commercial character that is created after June 30, 1989.
(b) An easement in gross that was created after July 6, 1961, may be alienated, inherited, or assigned in whole or in part if the instrument that created the easement in real property states that the easement may be alienated, inherited, or assigned.
[Pre-2002 Recodification Citation: 32-5-2-1(c).]
As added by P.L.2-2002, SEC.8.
2023 Indiana Code › Title 32. Property › Article 23. Conveyance of Property Interests Less Than Fee Simple › Chapter 2. Easements in Gross: Alienation, Inheritance, Assignment › 32-23-2-4. Revival or Reinstatement of Easement in Gross of a Commercial Character

Sec. 4. This chapter does not revive or reinstate an expired, a terminated, or an abandoned easement in gross of a commercial character.
[Pre-2002 Recodification Citation: 32-5-2-1(d).]
As added by P.L.2-2002, SEC.8.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.