Interests and defects affecting marketable record title
Sec. 2. Marketable record title is subject to the following:
(1) All interests and defects that are inherent in the muniments
of which the chain of record title is formed. However, a general
reference in the muniments, or any one (1) of them, to:
(A) easements;
(B) use restrictions; or
(C) other interests created before the root of title;
is not sufficient to preserve them, unless specific identification
is made in the muniments of a recorded title transaction that
creates the easement, use restriction, or other interest.
(2) All interests preserved by:
(A) the filing of proper notice; or
(B) possession by the same owner continuously for at least
fifty (50) years, in accordance with IC 32-20-4-1.
(3) The rights of any person arising from adverse possession or
adverse user, if the period of adverse possession or adverse user
was wholly or partly subsequent to the effective date of the root
of title.
(4) Any interest arising out of a title transaction recorded after
the effective date of the root of title from which the unbroken
chain of title of record is started. However, the recording shall
not revive or give validity to any interest that has been
extinguished before the time of the recording by the operation
of section 3 of this chapter.
(5) The exceptions stated in IC 32-20-4-3 concerning:
(A) rights of reversioners in leases;
(B) rights of any lessee in and to any lease; and
(C) easements and interests in the nature of easements.
(6) All interests of the department of environmental
management in land used for the disposal of hazardous wastes
arising from the recording of a restrictive covenant under
IC 13-22-3-3.
As added by P.L.2-2002, SEC.5.
Last modified: May 24, 2006