2014 Indiana Code TITLE 32. PROPERTY ARTICLE 23. CONVEYANCE OF PROPERTY INTERESTS LESS THAN FEE SIMPLE CHAPTER 1. EASEMENTS: BY PRESCRIPTION
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IC 32-23
ARTICLE 23. CONVEYANCE OF PROPERTY
INTERESTS LESS THAN FEE SIMPLE
IC 32-23-1
Chapter 1. Easements: By Prescription
IC 32-23-1-1
Use for 20 years
Sec. 1. The right-of-way, air, light, or other easement from, in,
upon, or over land owned by a person may not be acquired by
another person by adverse use unless the use is uninterrupted for at
least twenty (20) years.
As added by P.L.2-2002, SEC.8.
IC 32-23-1-2
Notice; disputing adverse claim
Sec. 2. The owner of land described in section 1 of this chapter, or
the agent or guardian of the owner, may give notice to a claimant of
a right or easement described in section 1 of this chapter that the
owner, or the agent or guardian of the owner, will dispute the
claimant's claim to a right or easement by adverse use.
As added by P.L.2-2002, SEC.8.
IC 32-23-1-3
Serving or posting notice; easements
Sec. 3. Notice provided to a claimant under section 2 of this
chapter must be:
(1) in writing; and
(2) served by an officer on the:
(A) claimant, if the claimant can be found; or
(B) if the claimant cannot be found, on the claimant's agent
or the claimant's guardian;
or if the claimant, the claimant's agent, and the claimant's guardian
cannot be found, a copy of the written notice shall be posted, for not
less than ten (10) days, in a conspicuous place on or adjoining the
premises where the right is disputed.
As added by P.L.2-2002, SEC.8.
IC 32-23-1-4
Easements
Sec. 4. The service or notice required under section 3 of this
chapter must be endorsed by the officer serving the notice, on the
original paper, and returned to the party giving the notice. The party
that gives the notice shall record the original paper and endorsement
of service or notice in the recorder's office of the county where the
land is located. The served or posted and recorded notice is, at the
time of record, an interruption of the adverse use.
As added by P.L.2-2002, SEC.8.
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