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Ind. Code § 32-17-1-2

Fee simple conveyance

Applied in 2 court decisions — leading case Poznic v. Porter County Development Corp. (2002)

Most recently applied in Patterson v. Seavoy (February 2005)

As added by P.L.2-2002, SEC.2

Sec. 2. (a) A conveyance of land that is:

(1) worded in substance as "A.B. conveys and warrants to C.D." (insert a description of the premises) "for the sum of" (insert the consideration); and

(2) dated and signed, sealed, and acknowledged by the grantor;

is a conveyance in fee simple to the grantee and the grantee's heirs and assigns with a covenant as described in subsection (b).

(b) A conveyance in fee simple under subsection (a) includes a covenant from the grantor for the grantor and the grantor's heirs and personal representatives that the grantor:

(1) is lawfully seized of the premises;

(2) has good right to convey the premises;

(3) guarantees the quiet possession of the premises;

(4) guarantees that the premises are free from all encumbrances; and

(5) will warrant and defend the title to the premises against all lawful claims.

(c) If a transfer on death deed under IC 32-17-14 has been recorded before the death of the owner 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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.