Adverse possession statute of limitations

The Senate Judiciary Committee heard SB 38 on adverse possession statute of limitations by Sen. Doriot and Sen. Koch. This 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. It 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 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.

This bill was heard last year and did not pass out of the House. The Indiana Society of Professional Land Surveyors testified in favor of the bill. The bill passed 8-0.

Read the bill at: