2013 Indiana Code
TITLE 32. PROPERTY
ARTICLE 21. CONVEYANCE PROCEDURES FOR REAL PROPERTY
CHAPTER 2. RECORDING PROCESS
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IC 32-21-2
Chapter 2. Recording Process
IC 32-21-2-1
"Grantor" defined
Sec. 1. As used in this chapter, "grantor" has the meaning set forth
in IC 32-17-1-1.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-1.2
"Homeowners association"
Sec. 1.2. As used in this chapter, "homeowners association"
means a corporation or another entity that:
(1) is organized and operated exclusively for the benefit of two
(2) or more persons who each own a dwelling in fee simple;
(2) acts, in accordance with bylaws governing the corporation
or entity, to:
(A) acquire, transfer, manage, repair, maintain, or engage in
construction on or in the land and improvements on the land
related to the use of the dwellings owned by the members of
the corporation or entity;
(B) purchase insurance to cover a casualty or an activity on
or in the land and improvements on the land;
(C) engage in an activity incidental to an activity described
in clause (A) or (B); or
(D) engage in more than one (1) of the activities described
in clauses (A) through (C); and
(3) may be governed by a board that serves the purpose of
setting policy and controlling or otherwise overseeing the
activities or functional responsibilities of the corporation or
entity.
As added by P.L.43-2013, SEC.1.
IC 32-21-2-2
"Tract" defined
Sec. 2. As used in this chapter, "tract" means an area of land that
is:
(1) under common fee simple ownership;
(2) contained within a continuous border; and
(3) a separately identified parcel for property tax purposes.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-3
Recording requirements; acknowledgment and proof; address of
grantee
Sec. 3. (a) For a conveyance, a mortgage, or an instrument of
writing to be recorded, it must be:
(1) acknowledged by the grantor; or
(2) proved before a:
(A) judge;
(B) clerk of a court of record;
(C) county auditor;
(D) county recorder;
(E) notary public;
(F) mayor of a city in Indiana or any other state;
(G) commissioner appointed in a state other than Indiana by
the governor of Indiana;
(H) minister, charge d'affaires, or consul of the United States
in any foreign country;
(I) clerk of the city county council for a consolidated city,
city clerk for a second class city, or clerk-treasurer for a
third class city;
(J) clerk-treasurer for a town; or
(K) person authorized under IC 2-3-4-1.
(b) In addition to the requirements under subsection (a), a
conveyance may not be recorded after June 30, 2007, unless it meets
the requirements of this subsection. The conveyance must include the
mailing address to which statements should be mailed under
IC 6-1.1-22-8.1. If the mailing address for statements under
IC 6-1.1-22-8.1 is not a street address or a rural route address of the
grantee, the conveyance must also include a street address or rural
route address of the grantee after the mailing address for statements
mailed under IC 6-1.1-22-8.1. A conveyance complies with this
subsection if it contains the address or addresses required by this
subsection at the end of the conveyance and immediately preceding
or following the statements required by IC 36-2-11-15.
As added by P.L.2-2002, SEC.6. Amended by P.L.135-2007, SEC.1;
P.L.194-2007, SEC.7; P.L.143-2009, SEC.42.
IC 32-21-2-3.5
Homeowners association covenants
Sec. 3.5. (a) This section applies only to land developments that
include:
(1) at least two hundred fifty (250) single family homes; and
(2) at least twelve (12) different sections of lots:
(A) whose titles have all been conveyed from the land
developer;
(B) whose first plat and covenants have been recorded in the
office of the county recorder for at least fifteen (15) years;
(C) that are all governed by one (1) homeowners association;
and
(D) that are not all subject to the same homeowners
association covenants.
(b) Except as provided in subsection (c), if the lots included as
part of one (1) homeowners association are not all subject to the
same homeowners association covenants, new replacement covenants
may be recorded by the homeowners association using one (1) of the
following methods:
(1) The homeowners association covenants may be recorded in
accordance with section 3 of this chapter.
(2) Notwithstanding any covenant provisions or bylaws of the
homeowners association concerning amendments or revisions
to homeowners association covenants, the homeowners
association may:
(A) distribute to the owner of each lot included as part of the
homeowners association:
(i) a proposed set of homeowners association covenants
that would apply to all lots included as part of the
homeowners association; and
(ii) a petition to be signed by each lot owner on which the
owner indicates whether the owner approves or
disapproves of applying the proposed covenants to all lots
included as part of the homeowners association; and
(B) submit the petitions and covenants to the county recorder
if:
(i) the lesser of a percentage of lot owners specified in the
covenants or two-thirds (2/3) of all lot owners approve of
applying the covenants to all lots included as part of the
homeowners association, as indicated by the petitions
signed by the lot owners; and
(ii) notwithstanding section 3 of this chapter, the signature
of each lot owner has been affirmed before a notary public
or an officer of the homeowners association submits an
affidavit with the covenants and the petitions that verifies
and certifies the signatures on the petitions.
Homeowners association covenants submitted to a county
recorder in accordance with this subdivision are considered to
be in effect on the date the covenants are recorded.
(c) A new replacement covenant described in subsection (b) does
not apply to and is not binding on property in one (1) section of lots
to the extent that the new replacement covenant:
(1) changes an existing covenant that pertains to minimum lot
area or minimum home size; or
(2) adds a new covenant that pertains to minimum lot area or
minimum home size.
(d) A new replacement covenant described in subsection (b)
applies only prospectively, beginning on the date the covenant is
recorded. The adoption of a new replacement covenant does not
require a person to alter the person's home or lot to comply with the
new replacement covenant if the condition of the person's home or
lot was permissible or authorized under the previous covenant.
As added by P.L.43-2013, SEC.2.
IC 32-21-2-4
Acknowledgment in another county
Sec. 4. (a) This section applies when a conveyance, mortgage, or
other instrument that is required to be recorded is acknowledged in
any county in Indiana other than the county in which the instrument
is required to be recorded.
(b) The acknowledgment must be:
(1) certified by the clerk of the circuit court of the county in
which the officer resides; and
(2) attested by the seal of that court.
However, an acknowledgment before an officer having an official
seal, if the acknowledgment is attested by that official seal, is
sufficient without a certificate.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-5
Acknowledgment in another state
Sec. 5. To record in Indiana a conveyance that is acknowledged
outside Indiana but within the United States, the conveyance must
be:
(1) certified by the clerk of any court of record of the county in
which the officer receiving the acknowledgment resides; and
(2) attested by the seal of that court.
However, an acknowledgment before an officer having an official
seal that is attested by the officer's official seal is sufficient without
a certificate.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-6
Proving deeds
Sec. 6. A deed may be proved according to the rules of common
law before any officer who is authorized to take acknowledgments.
A deed that is proved in the manner provided in this section is
entitled to be recorded.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-7
Acknowledgment of deed or mortgage; form
Sec. 7. The following or any other form substantially the same is
a good or sufficient form of acknowledgment of a deed or mortgage:
"Before me, E.F. (judge or justice, as the case may be) this
_____ day of _______, A.B. acknowledged the execution of the
annexed deed, (or mortgage, as the case may be.)"
As added by P.L.2-2002, SEC.6.
IC 32-21-2-8
Duty of officer to explain deed to grantor
Sec. 8. (a) If before a public officer authorized to receive
acknowledgment of deeds:
(1) the grantor of a deed intends to sign the deed with the
grantor's mark; and
(2) in all other cases when the public officer has good cause to
believe that the contents and purport of the deed are not fully
known to the grantor;
it is the duty of the public officer before signature to fully explain to
the grantor the contents and purport of the deed.
(b) The failure of the public officer to comply with subsection (a)
does not affect the validity of a deed.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-9
Certificate of acknowledgment; attaching to instrument; contents
Sec. 9. A certificate of the acknowledgment of a conveyance or
other instrument in writing that is required to be recorded, signed,
and sealed by the officer taking the acknowledgment shall be written
on or attached to the deed. When by law the certificate of the clerk
of the proper county is required to accompany the acknowledgment,
the certificate shall state that:
(1) the officer before whom the acknowledgment was taken
was, at the time of the acknowledgment, acting lawfully; and
(2) the clerk's signature to the certificate of acknowledgment is
genuine.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-10
Recorder of deeds; keeping book; recording time
Sec. 10. A recorder of deeds shall keep a book having each page
divided into five (5) columns that are headed as follows:
Date of
Names of Names of Description Vol. and Page
Reception. Grantors. Grantees. of Land. Where Recorded.
The recorder shall enter in this book all deeds and other
instruments left with the recorder to be recorded. The recorder shall
note in the first column the day and hour of receiving the deed or
instrument and shall note the other particulars in the appropriate
columns. A deed or instrument is considered recorded at the time the
date of reception is noted by the recorder.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-11
Certificate of acknowledgment; recording with deed or instrument
Sec. 11. (a) This section applies to a conveyance or other
instrument entitled by law to be recorded.
(b) The recorder of the county in which the land included in a
conveyance or other instrument is situated shall record the deed or
other instrument together with the requisite certificate of
acknowledgment or proof endorsed on the deed or other instrument
or annexed to the deed or other instrument.
(c) Unless a certificate of acknowledgment is recorded with a
deed, the record of the conveyance or other instrument or a transcript
may not be read or received in evidence.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-12
Certificate of acknowledgment or record; conclusiveness
Sec. 12. The:
(1) certificate of the acknowledgment of a conveyance or
instrument of writing;
(2) the record; or
(3) the transcript of the record;
is not conclusive and may be rebutted and the force and effect of it
contested by a party affected by the conveyance or instrument.
As added by P.L.2-2002, SEC.6.
IC 32-21-2-13
Conveyances dividing single property tax tracts into multiple
parcels; requirements for recording
Sec. 13. (a) Except as provided in subsection (c), if the auditor of
the county or the township assessor (if any) under IC 6-1.1-5-9 and
IC 6-1.1-5-9.1 determines it necessary, an instrument transferring fee
simple title to less than the whole of a tract that will result in the
division of the tract into at least two (2) parcels for property tax
purposes may not be recorded unless the auditor or township assessor
is furnished a drawing or other reliable evidence of the following:
(1) The number of acres in each new tax parcel being created.
(2) The existence or absence of improvements on each new tax
parcel being created.
(3) The location within the original tract of each new tax parcel
being created.
(b) Any instrument that is accepted for recording and placed of
record that bears the endorsement required by IC 36-2-11-14 is
presumed to comply with this section.
(c) If the duties of the township assessor have been transferred to
the county assessor as described in IC 6-1.1-1-24, a reference to the
township assessor in this section is considered to be a reference to
the county assessor.
As added by P.L.2-2002, SEC.6. Amended by P.L.219-2007,
SEC.100; P.L.146-2008, SEC.673.
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