§ 36-2-11-20 — Memorandum of lease or memorandum of contract; recording; effect

(a) As used in this section, "contract" means
an agreement for a seller to sell real estate to a purchaser that provides
for the purchaser to pay the purchase price to the seller in periodic
installments, with the seller retaining record title to the real estate and
the purchaser acquiring equitable title to the real estate.
(b) As used in this section, "lease" means a lease of real estate by a
lessor to a lessee, over a term that is specified in a written lease
agreement in consideration of the lessee's promise to pay rent to the
lessor as also specified in the written lease agreement.
(c) As used in this section, "lessee" means a tenant that is party to
a lease with a lessor.
(d) As used in this section, "lessor" means an owner of real property
or buildings or fixtures situated on real property that enters into a lease
with a lessee.
(e) As used in this section, "real estate" means:
(1) the real property that is subject to the lease or contract; or
(2) buildings or fixtures situated on the real property that are
subject to the lease or contract.
(f) As used in this section, "seller" means an owner of real estate
that sells the real estate to a purchaser under a contract.
(g) A memorandum of a lease or a memorandum of contract may be
recorded in lieu of the lease or contract itself if the memorandum is
executed and acknowledged by the parties and contains:
(1) the names of the parties;
(2) the term of the lease or contract;
(3) any option of the lessee to renew or extend the term of the
lease or of the purchaser to renew or extend the term of the
contract; and
(4) the specific legal description of the real estate, or a survey or
plot plan authorized under subsection (i) showing the location of
the real estate.
(h) A memorandum recorded under this section may also contain
any other agreement made between the parties in the lease or contract.
(i) A survey or plot plan may be used in lieu of a specific legal
description to describe:
(1) any part of a building on the real estate, if the specific legal
description of the real property on which the building is located
is set forth in the memorandum, survey, or plot plan;
(2) any part of the real estate that is part of a larger tract of land,
if the specific legal description of the larger tract is set forth in the
memorandum, survey, or plot plan; or
(3) real property of the lessor or seller, if:
(A) its use is restricted by the terms of the lease or contract;
(B) it is located wholly within real property of the lessor or
seller; and
(C) the specific legal description of the real property within
which it is located is set forth in the memorandum, survey, or
plot plan.
(j) As to the provisions contained in a memorandum recorded under
this section, recording the memorandum has the same effect as
recording the lease or contract itself.
[Pre-Local Government Recodification Citation:
17-3-49-1.]
As added by Acts 1980, P.L.212, SEC.1. Amended by
P.L.127-2017, SEC.83.