Sec. 13. (a) As used in subsection (b), “conveyance” means any electronic record (as defined in IC 26-2-8-102) or any paper or other tangible medium or document that is:

(1) a lease or memorandum of lease for a term exceeding three (3) years;

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Terms Used In Indiana Code 32-21-1-13

  • Contract: A legal written agreement that becomes binding when signed.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Grantor: The person who establishes a trust and places property into it.
  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
(2) a deed of:

(A) land; or

(B) any interest in land;

(3) a mortgage; or

(4) a land contract or memorandum of land contract for the sale and purchase of land.

     (b) A conveyance must:

(1) be in writing;

(2) be executed or signed by the:

(A) lessor or landlord;

(B) grantor (as defined in IC 32-17-1-1); or

(C) land contract seller; and

(3) have an acknowledgment (as defined in IC 33-42-0.5-2) or a proof (as defined in and permitted under IC 32-21-2).

     (c) If a transfer on death deed under IC 32-17-14 has been recorded before the death of the owner (as defined in IC 32-17-14-3) with the recorder of deeds in the county in which the real property is situated, a subsequent conveyance of the real property is void if it is not recorded before the death of the owner with the recorder of deeds in the county in which the real property is situated.

[Pre-2002 Recodification Citation: 32-1-2-4.]

As added by P.L.2-2002, SEC.6. Amended by P.L.231-2019, SEC.46; P.L.185-2021, SEC.34.