Indiana Statutes
§ 32-28-3-2 — Extent of lien; leased or mortgaged land
(a)The entire land upon which the building,
erection, or other improvement is situated, including the part of the
land not occupied by the building, erection, or improvement, is subject
to a lien to the extent of the right, title, and interest of the owner for
whose immediate use or benefit the labor was done or material
furnished.
(b)If:
(1)the owner has only a leasehold interest; or
(2)the land is encumbered by mortgage;
the lien, so far as concerns the buildings erected by the lienholder, is
not impaired by forfeiture of the lease for rent or foreclosure of
mortgage. The buildings may be sold to satisfy the lien and may be
removed not later than ninety (90) days after the sale by the purchaser.
[Pre-2002 Recodification Citation: 32-8-3-2.]
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Related
Home Federal Savings Bank v. Ticor Title Insurance
695 F.3d 725 (Seventh Circuit, 2012)
Provident Bank v. Tri-County Southside Asphalt, Inc.
804 N.E.2d 161 (Indiana Court of Appeals, 2004)
Wells Fargo Bank, N.A. v. Rieth-Riley Construction Co.
38 N.E.3d 666 (Indiana Court of Appeals, 2015)
Edgerock Development, LLC v. C. H. Garmong & Son Inc
(Indiana Court of Appeals, 2024)
Legislative History
As added by P.L.2-2002, SEC.13.
Nearby Sections
15
§ 32-16-1-1
"Prior property law"§ 32-16-1-2
Purpose of recodification§ 32-16-1-3
Statutory construction of recodification§ 32-16-1-4
Effect of recodification§ 32-16-1-5
Recodification of prior property law§ 32-16-1-6
References to repealed statutes§ 32-16-1-7
References to citations§ 32-16-1-8
References to prior rules§ 32-16-1-9
References to prior property law§ 32-17-1-1
"Grantor"§ 32-17-1-2
Fee simple conveyance§ 32-17-1-3
Estates tail; abolition§ 32-17-1-4
Lineal and collateral warranties; abolition§ 32-17-10-1
Application of chapter