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 property
and a right to the possession of the real property may recover the real
property and take possession by an action brought against the tenant
in possession or, if there is not a tenant, against the person claiming
the 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 real
property from tenant
Sec. 2. If it appears in an action brought under section 1 of this
chapter that the defendant is only a tenant, the landlord may be
substituted as the defendant if the landlord has received reasonable
notice. 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 made
to the defendant's agent for the property and the defendant's
agent 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, the
plaintiff's complaint must contain the following information:
(1) A claim that the plaintiff is entitled to the possession of the
premises, including a description of the premises.
(2) The interest the plaintiff claims in the premises.
(3) That the defendant unlawfully keeps the plaintiff from
possession 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 section
4 of this chapter may contain a denial of each material statement or
allegation in the plaintiff's complaint. With each denial, the
defendant may give in evidence every legal or equitable defense to
the 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 in
possession 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 chapter
for the use and occupation of the premises up to the time the use or
occupation is terminated by the defendant. However, the plaintiff
may not recover for the use and occupation of the premises for more
than 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 the
time 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 of
the 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 for
an 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 made
by the party against whom judgment is rendered, or the party's heirs,
assigns, or personal representatives, under the same restrictions and
on 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 time
provided for the filing of petitions for a new trial in other civil
actions. 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 matter
of the action during the pendency of the proceedings initiated under
this chapter shall take their interests subject to the final result of the
proceedings. 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 is
entitled to the premises that have been transferred in good faith to a
purchaser may recover the proper amount of damages against the
other 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, the
judgment is conclusive evidence against the landlord who has
received 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 the
property in controversy and make a survey and admeasurement of the
property 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 or
occupant
Sec. 17. An order issued by a court under section 16 of this
chapter must describe the property. A copy of the court order must
be served upon the owner or person having occupancy and control of
the 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 to
damages for withholding, using, or injuring the plaintiff's property,
the defendant may set off the value of any permanent improvements
made to the property to the extent of the damages, unless the
defendant prefers to use the law for the benefit of occupying
defendants. 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 aggression
concerning the property that is subject to an action under this
chapter, 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 to
property 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 real
property with a claim that is adverse to the plaintiff, even if the
defendant 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 a
genuine question; and
(2) the pleadings and evidence between parties concerning
questions 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 this
chapter disclaims any interest or estate in the property, or if the
defendant does not answer the complaint and the court issues a
default judgment against the defendant, the defendant may not be
required 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 or
joint tenant of real property against the plaintiff's cotenant, the
plaintiff 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.
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 property
and a right to the possession of the real property may recover the real
property and take possession by an action brought against the tenant
in possession or, if there is not a tenant, against the person claiming
the 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 real
property from tenant
Sec. 2. If it appears in an action brought under section 1 of this
chapter that the defendant is only a tenant, the landlord may be
substituted as the defendant if the landlord has received reasonable
notice. 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 made
to the defendant's agent for the property and the defendant's
agent 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, the
plaintiff's complaint must contain the following information:
(1) A claim that the plaintiff is entitled to the possession of the
premises, including a description of the premises.
(2) The interest the plaintiff claims in the premises.
(3) That the defendant unlawfully keeps the plaintiff from
possession 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 section
4 of this chapter may contain a denial of each material statement or
allegation in the plaintiff's complaint. With each denial, the
defendant may give in evidence every legal or equitable defense to
the 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 in
possession 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 chapter
for the use and occupation of the premises up to the time the use or
occupation is terminated by the defendant. However, the plaintiff
may not recover for the use and occupation of the premises for more
than 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 the
time 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 of
the 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 for
an 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 made
by the party against whom judgment is rendered, or the party's heirs,
assigns, or personal representatives, under the same restrictions and
on 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 time
provided for the filing of petitions for a new trial in other civil
actions. 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 matter
of the action during the pendency of the proceedings initiated under
this chapter shall take their interests subject to the final result of the
proceedings. 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 is
entitled to the premises that have been transferred in good faith to a
purchaser may recover the proper amount of damages against the
other 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, the
judgment is conclusive evidence against the landlord who has
received 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 the
property in controversy and make a survey and admeasurement of the
property 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 or
occupant
Sec. 17. An order issued by a court under section 16 of this
chapter must describe the property. A copy of the court order must
be served upon the owner or person having occupancy and control of
the 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 to
damages for withholding, using, or injuring the plaintiff's property,
the defendant may set off the value of any permanent improvements
made to the property to the extent of the damages, unless the
defendant prefers to use the law for the benefit of occupying
defendants. 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 aggression
concerning the property that is subject to an action under this
chapter, 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 to
property 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 real
property with a claim that is adverse to the plaintiff, even if the
defendant 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 a
genuine question; and
(2) the pleadings and evidence between parties concerning
questions 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 this
chapter disclaims any interest or estate in the property, or if the
defendant does not answer the complaint and the court issues a
default judgment against the defendant, the defendant may not be
required 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 or
joint tenant of real property against the plaintiff's cotenant, the
plaintiff 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.
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 property
and a right to the possession of the real property may recover the real
property and take possession by an action brought against the tenant
in possession or, if there is not a tenant, against the person claiming
the 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 real
property from tenant
Sec. 2. If it appears in an action brought under section 1 of this
chapter that the defendant is only a tenant, the landlord may be
substituted as the defendant if the landlord has received reasonable
notice. 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 made
to the defendant's agent for the property and the defendant's
agent 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, the
plaintiff's complaint must contain the following information:
(1) A claim that the plaintiff is entitled to the possession of the
premises, including a description of the premises.
(2) The interest the plaintiff claims in the premises.
(3) That the defendant unlawfully keeps the plaintiff from
possession 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 section
4 of this chapter may contain a denial of each material statement or
allegation in the plaintiff's complaint. With each denial, the
defendant may give in evidence every legal or equitable defense to
the 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 in
possession 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 chapter
for the use and occupation of the premises up to the time the use or
occupation is terminated by the defendant. However, the plaintiff
may not recover for the use and occupation of the premises for more
than 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 the
time 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 of
the 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 for
an 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 made
by the party against whom judgment is rendered, or the party's heirs,
assigns, or personal representatives, under the same restrictions and
on 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 time
provided for the filing of petitions for a new trial in other civil
actions. 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 matter
of the action during the pendency of the proceedings initiated under
this chapter shall take their interests subject to the final result of the
proceedings. 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 is
entitled to the premises that have been transferred in good faith to a
purchaser may recover the proper amount of damages against the
other 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, the
judgment is conclusive evidence against the landlord who has
received 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 the
property in controversy and make a survey and admeasurement of the
property 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 or
occupant
Sec. 17. An order issued by a court under section 16 of this
chapter must describe the property. A copy of the court order must
be served upon the owner or person having occupancy and control of
the 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 to
damages for withholding, using, or injuring the plaintiff's property,
the defendant may set off the value of any permanent improvements
made to the property to the extent of the damages, unless the
defendant prefers to use the law for the benefit of occupying
defendants. 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 aggression
concerning the property that is subject to an action under this
chapter, 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 to
property 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 real
property with a claim that is adverse to the plaintiff, even if the
defendant 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 a
genuine question; and
(2) the pleadings and evidence between parties concerning
questions 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 this
chapter disclaims any interest or estate in the property, or if the
defendant does not answer the complaint and the court issues a
default judgment against the defendant, the defendant may not be
required 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 or
joint tenant of real property against the plaintiff's cotenant, the
plaintiff 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.
