Indiana § 32-20-4-1 Notice of claim; filing

Indiana Statutes

§ 32-20-4-1 — Notice of claim; filing

Indiana·Title 32 PROPERTY·Art. 20 MARKETABLE TITLE FOR REAL PROPERTY·Ch. 4 Notice of Claim

(a)A person claiming an interest in land may preserve and keep effective that interest by filing for record during the fifty (50) year period immediately following the effective date of the root of title of the person whose record title would otherwise be marketable, a notice in writing, verified by oath, setting forth the nature of the claim. A disability or lack of knowledge of any kind on the part of anyone does not suspend the running of the fifty (50) year period. Notice may be filed for record by the claimant or by a person acting on behalf of any claimant who is:

(1)under a disability;

(2)unable to assert a claim on the claimant's behalf; or

(3)one (1) of a class whose identity cannot be established or is uncertain at the time of filing the notice of claim for record.

(b)If the

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(a) A person claiming an interest in land may
preserve and keep effective that interest by filing for record during the
fifty (50) year period immediately following the effective date of the
root of title of the person whose record title would otherwise be
marketable, a notice in writing, verified by oath, setting forth the nature
of the claim. A disability or lack of knowledge of any kind on the part
of anyone does not suspend the running of the fifty (50) year period.
Notice may be filed for record by the claimant or by a person acting on
behalf of any claimant who is:
(1) under a disability;
(2) unable to assert a claim on the claimant's behalf; or
(3) one (1) of a class whose identity cannot be established or is
uncertain at the time of filing the notice of claim for record.
(b) If the same record owner of any possessory interest in land has
been in possession of the land continuously for a period of at least fifty
(50) years, during which period:
(1) title transaction with respect to the interest does not appear of
record in the record owner's chain of title;
(2) notice has not been filed by the record owner or on behalf of
the record owner as provided in subsection (a); and
(3) possession continues to the time when marketability is being
determined;
the period of possession is considered equivalent to the filing of the
notice immediately preceding the termination of the fifty (50) year
period described in subsection (a).
(c) If:
(1) a person claims the benefit of an equitable restriction or
servitude that is one (1) of a number of substantially identical
mutual restrictions on the use of tracts in a platted subdivision,
the plat of which is recorded as provided by law; and
(2) the subdivision plan provides for an association, corporation,
committee, or other similar group that is empowered to determine
whether the restrictions are to be terminated or continued at the
expiration of a stated period not exceeding fifty (50) years, and,
by the terms of this provision, it is determined that:
(A) the restrictions are not to be terminated; or
(B) the restrictions are to be continued because no
determination to terminate has been made;
then the officer or other person authorized to represent the association,
corporation, committee, or other similar group may preserve and keep
in effect all the restrictions by filing a notice as provided in subsection
(a) on behalf of all owners of land in the subdivision for the benefit of
whom the restrictions exist.
[Pre-2002 Recodification Citation: 32-1-5-4.]