CHAPTER 4. NOTICE OF CLAIM
IC 32-20-4
Chapter 4. Notice of Claim
IC 32-20-4-1
Notice of claim; filing
Sec. 1. (a) A person claiming an interest in land may preserve andkeep effective that interest by filing for record during the fifty (50)year period immediately following the effective date of the root oftitle of the person whose record title would otherwise be marketable,a notice in writing, verified by oath, setting forth the nature of theclaim. A disability or lack of knowledge of any kind on the part ofanyone does not suspend the running of the fifty (50) year period.Notice may be filed for record by the claimant or by a person actingon 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 isuncertain at the time of filing the notice of claim for record.
(b) If the same record owner of any possessory interest in land hasbeen in possession of the land continuously for a period of at leastfifty (50) years, during which period:
(1) title transaction with respect to the interest does not appearof record in the record owner's chain of title;
(2) notice has not been filed by the record owner or on behalfof the record owner as provided in subsection (a); and
(3) possession continues to the time when marketability is beingdetermined;
the period of possession is considered equivalent to the filing of thenotice immediately preceding the termination of the fifty (50) yearperiod described in subsection (a).
(c) If:
(1) a person claims the benefit of an equitable restriction orservitude that is one (1) of a number of substantially identicalmutual 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 isempowered to determine whether the restrictions are to beterminated or continued at the expiration of a stated period notexceeding 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 nodetermination to terminate has been made;
then the officer or other person authorized to represent theassociation, corporation, committee, or other similar group maypreserve and keep in effect all the restrictions by filing a notice asprovided in subsection (a) on behalf of all owners of land in thesubdivision for the benefit of whom the restrictions exist.
As added by P.L.2-2002, SEC.5.
IC 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, thenotice referred to in section 1 of this chapter must contain thefollowing:
(1) An accurate and full description of all land affected by thenotice in specific terms. However, if the claim is founded upona recorded instrument, then the description in the notice may bethe 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 ifother than the claimant.
This notice must be filed for record in the office of the recorder of acounty where the land described is situated.
(b) A county recorder shall accept all notices presented to therecorder that describe land located in the county that the recorderserves. The recorder shall enter and record full copies of the noticein the same way that deeds are recorded. Each recorder shall chargethe same fees for recording a notice as are charged for recordingdeeds.
(c) Each recorder shall index the notices in the same manner thatdeeds are indexed. Until the notice is recorded and correctly indexed,a notice does not comply with section 1 of this chapter regardingnotice.
As added by P.L.2-2002, SEC.5.
IC 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 chapterdoes not bar:
(1) a lessor or the lessor's successor as a reversioner of thelessor'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 andto any lease.
(b) Failure to file the notice required under this chapter does notbar or extinguish any easement, interest in the nature of an easement,or any rights appurtenant to an easement granted, excepted, orreserved by the instrument creating the easement or interest,including any rights for future use, if the existence of the easementor interest is evidenced by the location beneath, upon, or above anypart of the land described in the instrument of any pipe, valve, road,wire, cable, conduit, duct, sewer, track, pole, tower, or other physicalfacility and whether or not the existence of the facility is observable.However, equitable restrictions or servitudes on the use of land arenot considered easements or interests in the nature of easements asthat phrase is used in this section.
As added by P.L.2-2002, SEC.5.