CHAPTER 3.1. OCCUPYING CLAIMANT
IC 32-30-3.1
Chapter 3.1. Occupying Claimant
IC 32-30-3.1-1
Finding that occupant not rightful owner; order to give possessionto plaintiff
Sec. 1. If an occupant of real property:
(1) has color of title to the property;
(2) in good faith has made valuable improvements to theproperty; and
(3) after making improvements to the property is found, in acourt action, not to be the rightful owner of the property;
an order may not be issued to give the plaintiff possession of theproperty until a complaint that meets the requirements of section 2of this chapter has been filed and the provisions of this chapter arecomplied with.
As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-2
Complaint; requirements
Sec. 2. The complaint must:
(1) set forth the grounds on which the defendant seeks relief;and
(2) state, as accurately as practicable, the value of theimprovements on the real property and the value of the propertywithout the improvements.
As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-3
Trial; required assessments
Sec. 3. All issues under this chapter joined together must be triedas in other cases, and the court or jury trying the cause shall assessthe following:
(1) The value of all lasting improvements made on the realproperty in question before the commencement of the action forthe recovery of the property.
(2) The damages, if any, which the premises may have sustainedby waste or cultivation through the time the court renders ajudgment.
(3) The fair value of the rents and profits that may haveaccrued, without the improvements, through the time the courtrenders a judgment.
(4) The value of the real property that the successful claimanthas in the premises, without the improvements.
(5) The taxes, with interest, paid by the defendant and by thoseunder whose title to the property the defendant claims.
As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-4
Payment for improvements; possession Sec. 4. The plaintiff in the main action for possession of the realproperty may pay the appraised value of the improvements to the realproperty, and the taxes paid, with interest, deducting the value of therents and profits, and the damages sustained, as assessed at the trial,and take the property.
As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-5
Failure to pay value of improvements; possession by defendant;payments to plaintiff
Sec. 5. If a plaintiff fails to pay the defendant the value of theimprovements to the real property established under section 4 of thischapter after a reasonable time fixed by the court, the defendant maytake the property after paying the plaintiff the appraised value of theproperty, minus the value of the improvements.
As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-6
Tenants in common; failure of plaintiff and defendant to makerequired payments
Sec. 6. If the plaintiff does not pay the defendant the appraisedvalue of the improvements to the real property under section 4 of thischapter and the defendant does not pay the plaintiff the appraisedvalue of the real property under section 5 of this chapter within thetime fixed by the court, the parties will be held to be tenants incommon of all the real property, including the improvements, eachholding an interest proportionate to the value of the party's propertyas determined under section 5 of this chapter.
As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-7
Good faith purchaser
Sec. 7. Except when the purchaser knows at the time of the salethat the seller lacks authority to sell the property, a purchaser who ingood faith, at a judicial or tax sale, purchases property that is sold bythe proper person or officer has color of title within the meaning ofthis chapter, whether or not the person or officer had sufficientauthority to sell the property. The rights of the purchaser acquiredunder this section pass to the purchaser's assignees orrepresentatives.
As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-8
Occupant's color of title; requirements
Sec. 8. An occupant of real property has color of title within themeaning of this chapter if the occupant:
(1) can show a connected title in law or equity, derived from therecords of any public office; or
(2) holds the property by purchase or descent from a personclaiming title derived from public records or by a properly
recorded deed.
As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-9
Recovery for lasting improvements
Sec. 9. (a) A claimant occupying real property who has color oftitle may recover the value of lasting improvements to the realproperty made by the party under whom the claimant claims, as wellas those improvements made by the occupying claimant.
(b) A person holding the premises as a purchaser, by an agreementin writing from the party having color of title, is entitled to theremedy set forth in subsection (a).
As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-10
Execution for possession
Sec. 10. A plaintiff in an action for possession of real property towhich this chapter applies is entitled to an execution for thepossession of the real property in accordance with this chapter, butnot otherwise.
As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-11
Writ for possession of land; required payments
Sec. 11. If any land is sold by an executor, an administrator, aguardian, a sheriff, or a commissioner of the court and afterwards theland is recovered in the proper action by:
(1) a person who was originally liable;
(2) a person in whose hands the land would be liable to pay thedemand or judgment for which or for whose benefit the landwas sold; or
(3) anyone making a claim under a person identified undersubdivision (1) or (2);
the plaintiff is not entitled to a writ for the possession of the landwithout having paid the amount due, as determined under section 12of this chapter (or IC 34-1-49-12 or IC 32-15-3-12 before theirrepeal) within the time determined by the court.
As added by P.L.2-2002, SEC.15.
IC 32-30-3.1-12
Remedies
Sec. 12. Any defendant in the main court action for possession ofreal property may file a complaint setting forth the sale and titleunder it and any other matter allowed under this chapter. The courtproceedings must assess the values, damages, and other amounts ofwhich assessment is required under section 3 of this chapter. If afterthe main court action the plaintiff has not paid the amount assessedby the court, the court shall set a reasonable time for the plaintiff topay the defendant. If the plaintiff does not pay the amount within thetime set by the court, the court shall order the land sold without relief
from valuation or appraisement laws. If the premises are sold, thedefendant is entitled to receive from the proceeds of the sale theamount the defendant is due, with interest, and court costs. Theplaintiff is entitled to the remainder of the proceeds of the sale.
As added by P.L.2-2002, SEC.15.