The House Judiciary Committee heard SB 166 on adverse possession statute of limitations authored by Sen. Doriot, Sen. Koch, and Sen. Messmer, and sponsored by Rep. Torr. 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 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; and 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.
The committee amended the bill by consent to increase the time for the owner of property to appeal the survey to the circuit court, superior court, or probate court to 180 days. The Indiana County Surveyors Association testified in support of the bill. The amended bill passed 12-0. Read the bill at https://iga.in.gov/legislative/2023/bills/senate/166