CHAPTER 1. STATUTE OF FRAUDS; WRITING REQUIREMENTS
IC 32-21
ARTICLE 21. CONVEYANCE PROCEDURES FORREAL PROPERTY
IC 32-21-1
Chapter 1. Statute of Frauds; Writing Requirements
IC 32-21-1-1
Requirement of written agreement; agreements or promisescovered
Sec. 1. (a) This section does not apply to a lease for a term of notmore than three (3) years.
(b) A person may not bring any of the following actions unless thepromise, contract, or agreement on which the action is based, or amemorandum or note describing the promise, contract, or agreementon which the action is based, is in writing and signed by the partyagainst whom the action is brought or by the party's authorized agent:
(1) An action charging an executor or administrator, upon anyspecial promise, to answer damages out of the executor's oradministrator'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 orpromise 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 beperformed within one (1) year from the making of theagreement.
(6) An action involving an agreement, promise, contract, orwarranty of cure concerning medical care or treatment.However, this subdivision does not affect the right to sue formalpractice or negligence.
As added by P.L.2-2002, SEC.6.
IC 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 tobe in writing but may be proved.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-3
Conveyance; trust in lands; goods; things in action
Sec. 3. A conveyance of an existing trust in land, goods, or thingsin action is void unless the conveyance is in writing and signed bythe party making the conveyance or by the party's lawful agent.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-4
Trust arising from or extinguished by implication of law Sec. 4. Nothing contained in any Indiana law may be construed toprevent any trust from arising or being extinguished by implicationof law.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-5
Compelling specific performance in cases of part performance
Sec. 5. Nothing contained in any Indiana statute may be construedto abridge the powers of courts to compel the specific performanceof agreements in cases of part performance of the agreements.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-6
Representations concerning other persons
Sec. 6. An action may not be brought against a person for arepresentation made by the person concerning the character, conduct,credit, ability, trade, or dealings of any other person, unless therepresentation is in writing and signed by the person or by theperson's lawful agent.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-7
Conveyance revocable at will of grantor; provision void as tosubsequent purchaser
Sec. 7. If a conveyance of or charge upon an estate contains aprovision for revocation at the will of the grantor, the provision isvoid as to subsequent purchasers from the grantor, for a valuableconsideration, of the estate or interest subject to the provision, eventhough the provision is not expressly revoked.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-8
Revocation and reconveyance power; person other than grantor
Sec. 8. If the power to revoke a conveyance of any interest inland, and to reconvey the interest, is given to any person other thanthe grantor in the conveyance, and the person given the powerconveys the interest to a purchaser for a valuable consideration, thesubsequent conveyance is valid.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-9
Conveyance before vesting of power of revocation
Sec. 9. If a conveyance to a purchaser under either section 7 or 8of this chapter is made before the person making the conveyance isentitled to execute the person's power of revocation, the conveyanceis valid from the time the power of revocation vests in the person.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-10
Commission for finding purchaser of real estate Sec. 10. A contract for the payment of any sum of money or thingof value, as a commission or reward for the finding or procuring byone (1) person of a purchaser for the real estate of another, is notvalid unless the contract is in writing and signed by the owner of thereal estate or the owner's legally appointed and duly qualifiedrepresentative. For purposes of this section, any general reference tothe real estate that is sufficient to identify the real estate is asufficient description of the real estate.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-11
Instruments executed in foreign country; acknowledgment beforediplomatic or consular officer
Sec. 11. If executed in a foreign country, conveyances, mortgages,and other instruments in writing that would be admitted to recordunder the recording laws of this state must be acknowledged by thegrantor or person executing the instrument and proved before anydiplomatic or consular officer of the United States, duly accredited,or before any officer of the foreign country who, by the laws of thatcountry, is authorized to take acknowledgments or proof ofconveyances. If the acknowledgment or proof is in the Englishlanguage and attested by the official seal of the officeracknowledging it, the instrument may be admitted to record.However, if the acknowledgment or proof is in a language other thanEnglish or is not attested by an official seal, then the instrument mustbe accompanied by a certificate of a diplomatic or consular officerof the United States attesting:
(1) that the instrument is duly executed according to the laws ofthe foreign country;
(2) that the officer certifying the acknowledgment or proof hadlegal authority to do so; and
(3) to the meaning of the instrument, if the instrument is madein a foreign language.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-12
Validation of conveyance or acknowledgment; seal or ink scroll notrequired
Sec. 12. It is not necessary to affix a private seal or ink scrollnecessary to validate a conveyance of land or an interest in landexecuted by a natural person, business trust, or corporation. It is notnecessary for the officer taking the acknowledgment of theconveyance to use an ink scroll or seal unless the officer is requiredby law to keep an official seal.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-13
Conveyance of land; written deed required
Sec. 13. Except for a bona fide lease for a term not exceedingthree (3) years, a conveyance of land or of any interest in land shall
be made by a deed that is:
(1) written; and
(2) subscribed, sealed, and acknowledged by the grantor (asdefined in IC 32-17-1-1) or by the grantor's attorney.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-14
Conveyances by attorney; power of attorney
Sec. 14. A conveyance of land by attorney is not good unless theattorney is empowered by a written instrument that is subscribed,sealed, and acknowledged by the attorney's principal in the samemanner that is required for a conveyance by the attorney's principal.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-15
Conveyances by quitclaim
Sec. 15. A conveyance of land that is:
(1) worded in substance as "A.B. quitclaims to C.D." (heredescribe the premises) "for the sum of" (here insert theconsideration); and
(2) signed, sealed, and acknowledged by the grantor (as definedin IC 32-17-1-1);
is a good and sufficient conveyance in quitclaim to the grantee andthe grantee's heirs and assigns.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-16
Estate of inheritance; expression of intent required to create lesserestate
Sec. 16. It is not necessary to use the words "heirs and assigns ofthe grantee" to create in the grantee an estate of inheritance. If it isthe intention of the grantor (as defined in IC 32-17-1-1) to conveyany lesser estate, the grantor shall express that intention in the deed.
As added by P.L.2-2002, SEC.6.
IC 32-21-1-17
Incorporating by reference recorded encumberances
Sec. 17. A conveyance of land may incorporate by reference arecorded covenant, restriction, easement, or other encumbrance onthe use of the land with a clause that is substantially similar to eitherof the following:
(1) "Subject to the __________ (insert the type ofencumbrance) recorded on _____ (insert the date of recording)in ___________ (insert the book and page number on which theencumbrance is recorded or the instrument number in which theencumbrance is recorded).".
(2) "Subject to ___________ (insert the type of encumbrance)of record.".
As added by P.L.171-2006, SEC.6.