Notice of claim; filing
Sec. 1. (a) A person claiming an interest in land may preserve and
keep effective that interest by filing for record during the fifty (50)
year period immediately following the effective date of the root of
title of the person whose record title would otherwise be marketable,
a notice in writing, verified by oath, setting forth the nature of the
claim. A disability or lack of knowledge of any kind on the part of
anyone does not suspend the running of the fifty (50) year period.
Notice may be filed for record by the claimant or by a person acting
on behalf of any claimant who is:
(1) under a disability;
(2) unable to assert a claim on the claimant's behalf; or
(3) one (1) of a class whose identity cannot be established or is
uncertain at the time of filing the notice of claim for record.
(b) If the same record owner of any possessory interest in land has
been in possession of the land continuously for a period of at least
fifty (50) years, during which period:
(1) title transaction with respect to the interest does not appear
of record in the record owner's chain of title;
(2) notice has not been filed by the record owner or on behalf
of the record owner as provided in subsection (a); and
(3) possession continues to the time when marketability is being
determined;
the period of possession is considered equivalent to the filing of the
notice immediately preceding the termination of the fifty (50) year
period described in subsection (a).
(c) If:
(1) a person claims the benefit of an equitable restriction or
servitude that is one (1) of a number of substantially identical
mutual restrictions on the use of tracts in a platted subdivision,
the plat of which is recorded as provided by law; and
(2) the subdivision plan provides for an association,
corporation, committee, or other similar group that is
empowered to determine whether the restrictions are to be
terminated or continued at the expiration of a stated period not
exceeding fifty (50) years, and, by the terms of this provision,
it is determined that:
(A) the restrictions are not to be terminated; or
(B) the restrictions are to be continued because no
determination to terminate has been made;
then the officer or other person authorized to represent the
association, corporation, committee, or other similar group may
preserve and keep in effect all the restrictions by filing a notice as
provided in subsection (a) on behalf of all owners of land in the
subdivision for the benefit of whom the restrictions exist.
As added by P.L.2-2002, SEC.5.
Last modified: May 24, 2006