Indiana § 14-17-2-8 - Action to invalidate title in the state

§ 14-17-2-8. Action to invalidate title in the state

Sec. 8. (a) Except as provided in subsections (b) and (c):

(1) an action alleging that the title created in the state is invalid must be commenced; and

(2) a defense to the action must be used;

within one (1) year from the time the certificate of title is filed for record in the office of the county recorder. This limitation does not exempt from its bar actions involving jurisdictional defects.

(b) The limitations prescribed by subsection (a) do not run if any of the following conditions exist:

(1) While the real property in question is in the actual possession of the holder of the record title.

(2) If the real property in question was redeemed during the redemption period.

(3) If all taxes supposedly delinquent when the real property in question was designated were in fact paid and were not then delinquent.

(4) If the real property in question was exempt under the tax exemption statute from all taxes delinquent when the real property was designated.

(5) If all levies of taxes delinquent when the real property in question was designated were made by taxing officers absolutely without jurisdiction ab initio to do so.

(c) A person who was under a legal disability when a cause of action accrued may bring the action within two (2) years after the disability is removed.

(d) Within one (1) year from the time the certificate of title is filed for record in the office of the county recorder, and at no other time, an action:

(1) for the recovery of; or

(2) to quiet title to;

any of the designated conservation land may be commenced naming the state as defendant.

[Pre-1995 Recodification Citation: 4-17-11-4.]

As added by P.L.1-1995, SEC.10.