CHAPTER 2. EJECTMENT AND QUIET TITLE
IC 32-30-2
Chapter 2. Ejectment and Quiet Title
IC 32-30-2-1
Action to recover real property from tenant; other persons
Sec. 1. A person having a valid subsisting interest in real propertyand a right to the possession of the real property may recover the realproperty and take possession by an action brought against the tenantin possession or, if there is not a tenant, against the person claimingthe title or interest in the real property.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-2
Landlord substituted as defendant in action to recover realproperty from tenant
Sec. 2. If it appears in an action brought under section 1 of thischapter that the defendant is only a tenant, the landlord may besubstituted as the defendant if the landlord has received reasonablenotice.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-3
Legal service on nonresident defendant
Sec. 3. Legal service on a defendant who is a nonresident:
(1) is considered served on the defendant if the service is madeto the defendant's agent for the property and the defendant'sagent resides in Indiana; or
(2) may be had by publication, as in other cases.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-4
Contents of complaint
Sec. 4. In an action initiated under section 1 of this chapter, theplaintiff's complaint must contain the following information:
(1) A claim that the plaintiff is entitled to the possession of thepremises, including a description of the premises.
(2) The interest the plaintiff claims in the premises.
(3) That the defendant unlawfully keeps the plaintiff frompossession of the premises.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-5
Answer to complaint; denials
Sec. 5. The answer of the defendant to a complaint under section4 of this chapter may contain a denial of each material statement orallegation in the plaintiff's complaint. With each denial, thedefendant may give in evidence every legal or equitable defense tothe action that the defendant may have.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-6
Defendant not required to prove possession
Sec. 6. The defendant is not required to prove the defendant is inpossession of the premises to make a defense under this chapter.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-7
Recovery for use and occupation; recovery limitation
Sec. 7. The plaintiff may recover in an action under this chapterfor the use and occupation of the premises up to the time the use oroccupation is terminated by the defendant. However, the plaintiffmay not recover for the use and occupation of the premises for morethan six (6) years before the commencement of the action.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-8
Expiration of plaintiff's interest; damages only
Sec. 8. If the plaintiff's interest in the premises expires before thetime in which the plaintiff could be put in possession of the premises,the plaintiff may obtain only a judgment for damages.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-9
Multiple parties; recovery
Sec. 9. If there are two (2) or more plaintiffs or defendants, one(1) or more of the plaintiffs may recover against one (1) or more ofthe defendants:
(1) the premises or any part of the premises;
(2) an interest in the premises; or
(3) damages;
according to the right of the parties, but the recovery may not be foran interest greater than the interest claimed by the party.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-10
Petition for new trial
Sec. 10. A petition for a new trial under this chapter may be madeby the party against whom judgment is rendered, or the party's heirs,assigns, or personal representatives, under the same restrictions andon the same grounds as allowed in other civil actions.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-11
Petition for new trial; filing
Sec. 11. The petition for a new trial must be filed at the timeprovided for the filing of petitions for a new trial in other civilactions.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-12 Third persons acquiring interest during proceedings
Sec. 12. Third persons acquiring an interest in the subject matterof the action during the pendency of the proceedings initiated underthis chapter shall take their interests subject to the final result of theproceedings.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-13
Recovery from good faith purchaser after new trial
Sec. 13. A party who, after a new trial, proves that the party isentitled to the premises that have been transferred in good faith to apurchaser may recover the proper amount of damages against theother party, either in the same action or in a subsequent action.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-14
Judgment conclusive evidence against landlord receiving notice
Sec. 14. In an action against a tenant under this chapter, thejudgment is conclusive evidence against the landlord who hasreceived notice under section 2 of this chapter.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-15
Plaintiff's recovery dependent upon strength of plaintiff's own title
Sec. 15. To recover through an action brought under this chapter,the plaintiff must recover on the strength of the plaintiff's own title.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-16
Order allowing entry to survey; motion; notice; hearing
Sec. 16. After:
(1) the plaintiff has filed a motion with the court;
(2) notice has been delivered to the defendant; and
(3) a hearing at which the plaintiff has shown cause;
the court may grant an order allowing the plaintiff to enter upon theproperty in controversy and make a survey and admeasurement of theproperty for purposes of an action under this chapter.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-17
Entry order; description of property; service upon owner oroccupant
Sec. 17. An order issued by a court under section 16 of thischapter must describe the property. A copy of the court order mustbe served upon the owner or person having occupancy and control ofthe property.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-18
Damages; set off Sec. 18. If a plaintiff in an action under this chapter is entitled todamages for withholding, using, or injuring the plaintiff's property,the defendant may set off the value of any permanent improvementsmade to the property to the extent of the damages, unless thedefendant prefers to use the law for the benefit of occupyingdefendants.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-19
Defendant's wanton aggression; exemplary damages
Sec. 19. If a defendant has demonstrated wanton aggressionconcerning the property that is subject to an action under thischapter, the jury may award the plaintiff exemplary damages.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-20
Action to determine and quiet title; plaintiffs
Sec. 20. An action to determine and quiet a question of title toproperty may be brought by a plaintiff who:
(1) is in possession of the property;
(2) is out of possession of the property; or
(3) has a remainder or reversion interest in the property;
against a defendant who claims title to or an interest in the realproperty with a claim that is adverse to the plaintiff, even if thedefendant is not in possession of the property.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-21
Application
Sec. 21. This chapter applies, as far as applicable, to:
(1) cases and partition cases where the title to real estate is agenuine question; and
(2) the pleadings and evidence between parties concerningquestions of title to real estate.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-22
Defendant's answer; court costs
Sec. 22. If the defendant's answer to a complaint under thischapter disclaims any interest or estate in the property, or if thedefendant does not answer the complaint and the court issues adefault judgment against the defendant, the defendant may not berequired to pay the plaintiff's court costs.
As added by P.L.2-2002, SEC.15.
IC 32-30-2-23
Action against cotenant; plaintiff's evidentiary burden
Sec. 23. In an action by a plaintiff who is a tenant in common orjoint tenant of real property against the plaintiff's cotenant, theplaintiff must show, in addition to the plaintiff's evidence of right,
that defendant:
(1) denied plaintiff's right; or
(2) did some act amounting to a denial of a plaintiff's right.
As added by P.L.2-2002, SEC.15.