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Legislative Update

Adverse possession statute of limitations

March 26, 2021 Filed Under: Civil

The House Judiciary Committee heard SB 38 on adverse possession statute of limitations sponsored by Rep. Torr and Rep. D. Miller. The author, Sen. Doriot, introduced the bill which 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 involves a line located and established by a professional surveyor and 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. It also amends the 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 provides that certain information must be contained in a notice of survey sent to adjoining landowners, and that a legible copy of the plat of the legal survey must be enclosed with the notice.
On March 16, the Indiana Society of Professional Land Surveyors testified in favor of the bill. The chair held the bill over to the next meeting.
On March 24, the Committee passed the bill 6-2.
Read the bill at: http://iga.in.gov/legislative/2021/bills/senate/38

Filed Under: Civil Tagged With: statute of limitations

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