The Senate Judiciary Committee heard SB 71 authored by Sen. Doriot regarding the adverse possession statute of limitations. The bill amends the statute concerning the statute of limitations for actions for the recovery of the possession of real estate to provide that such an action that: (1) involves a line located and established by a professional surveyor; and (2) accrues before the lines are located and established by the surveyor; must be commenced before the expiration of the appeal period set forth in the statute governing county surveyors. The bill also amends the Indiana Code provision concerning the establishment of property lines by means of a legal survey to specify that the lines established are binding on all affected landowners, including a landowner who claims title under a claim of adverse possession. The bill mandates that if a landowner’s property is affected by a legal survey, the landowner must act, at a minimum, by filing an affidavit of adverse possession before the appeal period expires to preserve a claim to the property.
The bill passed 9-0
Read the bill at: http://iga.in.gov/legislative/2020/bills/senate/71.