§ 32-17-1-2 — Fee simple conveyance

(a) A conveyance of land that is:
(1) worded in substance as "A.B. conveys and warrants to C.D."
(insert a description of the premises) "for the sum of" (insert the
consideration); and
(2) dated and signed, sealed, and acknowledged by the grantor;
is a conveyance in fee simple to the grantee and the grantee's heirs and
assigns with a covenant as described in subsection (b).
(b) A conveyance in fee simple under subsection (a) includes a
covenant from the grantor for the grantor and the grantor's heirs and
personal representatives that the grantor:
(1) is lawfully seized of the premises;
(2) has good right to convey the premises;
(3) guarantees the quiet possession of the premises;
(4) guarantees that the premises are free from all encumbrances;
and
(5) will warrant and defend the title to the premises against all
lawful claims.
(c) If a transfer on death deed under IC 32-17-14 has been recorded
before the death of the owner with the recorder of deeds in the county
in which the real property is situated, a subsequent conveyance of the
real property is void if it is not recorded before the death of the owner
with the recorder of deeds in the county in which the real property is
situated.
[Pre-2002 Recodification Citation: 32-1-2-12.]

Legislative History

As added by P.L.2-2002, SEC.2. Amended by P.L.231-2019, SEC.40.