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Legislative Update

Adverse possession statute of limitations

May 30, 2023 Filed Under: Civil

S.E.A. 166, P.L. 99

Effective: July 1, 2023

  • 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.
  • 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.
  • 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.
  • Specifies that both an in county and out of county resident that owns a property subject to a survey has 180 days to appeal the survey to the circuit, superior, or probate court.

Read the bill at: https://iga.in.gov/legislative/2023/bills/senate/166

Filed Under: Civil Tagged With: statute of limitations

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