2006 Indiana Code - CHAPTER 1. FEE SIMPLE INTEREST

IC 32-17
    ARTICLE 17. INTERESTS IN PROPERTY

IC 32-17-1
     Chapter 1. Fee Simple Interest

IC 32-17-1-1
"Grantor"
     Sec. 1. As used in this chapter, "grantor" means every person by whom an estate or interest in land is:
        (1) created;
        (2) granted;
        (3) bargained;
        (4) sold;
        (5) conveyed;
        (6) transferred; or
        (7) assigned.
As added by P.L.2-2002, SEC.2.

IC 32-17-1-2
Fee simple conveyance
     Sec. 2. (a) A conveyance of land that is:
        (1) worded in substance as "A.B. conveys and warrants to C.D." (insert a description of the premises) "for the sum of" (insert the consideration); and
        (2) dated and signed, sealed, and acknowledged by the grantor;
is a conveyance in fee simple to the grantee and the grantee's heirs and assigns with a covenant as described in subsection (b).
    (b) A conveyance in fee simple under subsection (a) includes a covenant from the grantor for the grantor and the grantor's heirs and personal representatives that the grantor:
        (1) is lawfully seized of the premises;
        (2) has good right to convey the premises;
        (3) guarantees the quiet possession of the premises;
        (4) guarantees that the premises are free from all encumbrances; and
        (5) will warrant and defend the title to the premises against all lawful claims.
As added by P.L.2-2002, SEC.2.

IC 32-17-1-3
Estates tail; abolition
     Sec. 3. (a) Estates tail are abolished.
    (b) An estate that under common law is a fee tail:
        (1) is considered a fee simple; and
        (2) if the estate is not limited by a valid remainder, is considered a fee simple absolute.
As added by P.L.2-2002, SEC.2.

IC 32-17-1-4 Lineal and collateral warranties; abolition
     Sec. 4. Lineal and collateral warranties with all their incidents are abolished. However, the heirs and devisees of a person who has made a covenant or agreement is answerable upon that covenant or agreement:
        (1) to the extent of property descended or devised to the heirs and devisees; and
        (2) in the manner prescribed by law.
As added by P.L.2-2002, SEC.2.

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