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