Indiana 2025 Regular Session

Indiana Senate Bill SB0207 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 207
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 32-21-7; IC 36-2-12-10.
7	7	Synopsis: Adverse possession. Provides that a cause of action based
8	8	on adverse possession may not be commenced in a court in Indiana
9	9	after June 30, 2025. Makes conforming changes.
10	10	Effective: July 1, 2025.
11	11	Tomes
12	12	January 8, 2025, read first time and referred to Committee on Judiciary.
13	13	2025 IN 207—LS 6276/DI 137 Introduced
14	14	First Regular Session of the 124th General Assembly (2025)
15	15	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
16	16	Constitution) is being amended, the text of the existing provision will appear in this style type,
17	17	additions will appear in this style type, and deletions will appear in this style type.
18	18	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
19	19	provision adopted), the text of the new provision will appear in this style type. Also, the
20	20	word NEW will appear in that style type in the introductory clause of each SECTION that adds
21	21	a new provision to the Indiana Code or the Indiana Constitution.
22	22	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
23	23	between statutes enacted by the 2024 Regular Session of the General Assembly.
24	24	SENATE BILL No. 207
25	25	A BILL FOR AN ACT to amend the Indiana Code concerning
26	26	property.
27	27	Be it enacted by the General Assembly of the State of Indiana:
28	28	1 SECTION 1. IC 32-21-7-3 IS ADDED TO THE INDIANA CODE
29	29	2 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
30	30	3 1, 2025]: Sec. 3. A cause of action based on adverse possession may
31	31	4 not be commenced in a court in Indiana after June 30, 2025.
32	32	5 SECTION 2. IC 32-21-7-4 IS ADDED TO THE INDIANA CODE
33	33	6 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
34	34	7 1, 2025]: Sec. 4. This chapter expires July 1, 2028.
35	35	8 SECTION 3. IC 36-2-12-10, AS AMENDED BY P.L.99-2023,
36	36	9 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37	37	10 JULY 1, 2025]: Sec. 10. (a) The county surveyor shall maintain a legal
38	38	11 survey record book, which must contain a record of all the legal
39	39	12 surveys made in the county showing outline maps of each section,
40	40	13 grant, tract, subdivision, or group of sections, grants, tracts, and
41	41	14 subdivisions in sufficient detail so that the approximate location of
42	42	15 each legal survey can be shown. Legal surveys shall be indexed by
43	43	16 location.
44	44	17 (b) A landowner desiring to establish the location of the line
45	45	2025 IN 207—LS 6276/DI 137 2
46	46	1 between the landowner's land and that of an adjoining landowner by
47	47	2 means of a legal survey may do so as follows:
48	48	3 (1) The landowner shall procure a professional surveyor
49	49	4 registered under IC 25-21.5 to locate the line in question and shall
50	50	5 compensate the professional surveyor.
51	51	6 (2) The professional surveyor shall notify the owners of adjoining
52	52	7 lands that the professional surveyor is going to make the survey.
53	53	8 The notice must be given by registered or certified mail at least
54	54	9 twenty (20) days before the survey is started.
55	55	10 (3) The lines and corners shall be properly marked, monumented
56	56	11 by durable material with letters and figures establishing such lines
57	57	12 and corners, referenced, and tied to corners shown in the corner
58	58	13 record book in the office of the county surveyor or to corners
59	59	14 shown on a plat recorded in the plat books in the office of the
60	60	15 county recorder.
61	61	16 (4) The professional surveyor shall present to the county surveyor
62	62	17 for entry in the legal survey record book a plat of the legal survey
63	63	18 and proof of notice to the adjoining landowners. The professional
64	64	19 surveyor shall give notice to adjoining landowners by registered
65	65	20 or certified mail within ten (10) days after filing of the survey.
66	66	21 (c) A notice under subsection (b)(4) shall include the following
67	67	22 information:
68	68	23 (1) A legal survey was performed of an adjoining property under
69	69	24 this section.
70	70	25 (2) The plat of the legal survey was filed with the county surveyor
71	71	26 for entry into the legal survey record book.
72	72	27 (3) The lines located and established under this section are
73	73	28 binding on all landowners affected, as well as the landowners'
74	74	29 respective heirs and assigns, unless an appeal is taken under
75	75	30 section 14 of this chapter.
76	76	31 (4) An appeal under section 14 of this chapter must be made to
77	77	32 the circuit court of the county in which the surveyed property is
78	78	33 located not later than one hundred eighty (180) days after the
79	79	34 notice of filing.
80	80	35 (5) If the affected landowner has reason to believe that the
81	81	36 landowner has a claim of title under adverse possession, the
82	82	37 landowner must:
83	83	38 (A) file a claim in a court with proper jurisdiction; or
84	84	39 (B) record an affidavit under IC 36-2-11-19(a)(4) or a deed
85	85	40 reflecting the claim of adverse possession in the office of the
86	86	41 recorder of the county in which the property is located;
87	87	42 before the end of the applicable time period provided in
88	88	2025 IN 207—LS 6276/DI 137 3
89	89	1 subdivision (4).
90	90	2 (6) An affected landowner may not bring a claim of title under
91	91	3 adverse possession against the state or a political subdivision.
92	92	4 The notice shall also include a legible copy of the plat of the legal
93	93	5 survey.
94	94	6 (d) The lines located and established under subsection (b) are
95	95	7 binding on all landowners affected and their heirs and assigns
96	96	8 including an affected landowner who claims title under a claim of
97	97	9 adverse possession:
98	98	10 (1) that has not been filed in a court with jurisdiction; or
99	99	11 (2) with respect to which:
100	100	12 (A) a deed reflecting the adverse possession; or
101	101	13 (B) an affidavit under IC 36-2-11-19(a)(4);
102	102	14 has not been recorded in the office of the recorder of the county
103	103	15 in which the property is located;
104	104	16 as of the date the survey is entered into the legal survey record book
105	105	17 under this section, unless an appeal is taken under section 14 of this
106	106	18 chapter. The right to appeal commences when the plat of the legal
107	107	19 survey is entered by the county surveyor in the legal survey record
108	108	20 book.
109	109	2025 IN 207—LS 6276/DI 137