2013 Indiana Code
TITLE 32. PROPERTY
ARTICLE 17. INTERESTS IN PROPERTY
CHAPTER 1. FEE SIMPLE INTEREST
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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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