§ 32-20-4-3 — Notice of claim; effect of failure to file on lease or easement

(a) Failure to file the notice required under this
chapter does not bar:
(1) a lessor or the lessor's successor as a reversioner of the lessor's
right to possession on the expiration of any lease; or
(2) a lessee or the lessee's successor of the lessee's rights in and
to any lease.
(b) Failure to file the notice required under this chapter does not bar
or extinguish any easement, interest in the nature of an easement, or
any rights appurtenant to an easement granted, excepted, or reserved
by the instrument creating the easement or interest, including any rights
for future use, if the existence of the easement or interest is evidenced
by the location beneath, upon, or above any part of the land described
in the instrument of any pipe, valve, road, wire, cable, conduit, duct,
sewer, track, pole, tower, or other physical facility and whether or not
the existence of the facility is observable. However, equitable
restrictions or servitudes on the use of land are not considered
easements or interests in the nature of easements as that phrase is used
in this section.
[Pre-2002 Recodification Citation: 32-1-5-6.]

Legislative History

As added by P.L.2-2002, SEC.5.