Chapter 1 Easements: By Prescription
Chapter 2 Easements in Gross: Alienation, Inheritance, Assignment
Chapter 3 Easements: Way of Necessity
Chapter 4 Solar Easement
Chapter 5 Uniform Conservation Easement Act
Chapter 6 Easements: WPA Projects
Chapter 7 Oil and Gas: Estates in Land
Chapter 8 Oil and Gas: Cancellation of Contracts and Leases for Oil and Gas
Chapter 9 Oil and Gas: Purchase of and Payment for Crude Oil
Chapter 10 Lapse of Mineral Interest
Chapter 11 Abandoned Railroad Rights-of-Way
Chapter 12 Coal: Estates in Land
Chapter 13 Mineral Estates of Unknown or Missing Owners

Terms Used In Indiana Code > Title 32 > Article 23 - Conveyance of Property Interests Less Than Fee Simple

  • adjacent mineral producer: means a person that:

    Indiana Code 32-23-13-1

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
  • coal bed methane: has the meaning set forth in IC 14-8-2-42. See Indiana Code 32-23-7-0.3
  • coal bed methane estate in land: means the aggregate of all rights in land that affect the coal bed methane:

    Indiana Code 32-23-7-0.4

  • coal bed methane production area: means the area of land determined by the operator in which multiple wells are drilled for a common production purpose. See Indiana Code 32-23-7-0.5
  • coal land: means the coal estate in land that contains coal and is subject to a vested interest by a plaintiff, under this chapter, to the coal lying within the land. See Indiana Code 32-23-12-2
  • coal owner: means a person vested with an undivided fractional fee simple interest or other freehold interest in coal contained within the coal land. See Indiana Code 32-23-12-3
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • conservation easement: means a nonpossessory interest of a holder in real property that imposes limitations or affirmative obligations with the purpose of:

    Indiana Code 32-23-5-2

  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • easement in gross of a commercial character: means an easement:

    Indiana Code 32-23-2-1

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Grantor: The person who establishes a trust and places property into it.
  • Highway: includes county bridges and state and county roads, unless otherwise expressly provided. See Indiana Code 1-1-4-5
  • holder: means any of the following:

    Indiana Code 32-23-5-3

  • in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
  • joint owner: means a person who is a joint tenant, a tenant in common, a tenant by the entirety, or other person who is a coal owner of less than one hundred percent (100%) of an undivided interest in all the coal within the coal land that is sought to be developed. See Indiana Code 32-23-12-4
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • mineral interest: means the interest that is created by an instrument that transfers, by:

    Indiana Code 32-23-10-1

  • mineral interest of an unknown or missing owner: means :

    Indiana Code 32-23-13-2

  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • oil and gas: means petroleum and mineral oils and gaseous substances of whatever character naturally lying or found beneath the surface of land. See Indiana Code 32-23-7-1
  • oil and gas estate in land: means the aggregate of all rights in land that affect the oil and gas in, on, under, or that may be taken from beneath the surface of the land. See Indiana Code 32-23-7-2
  • passive solar energy system: means a structure specifically designed to retain heat that is derived from solar energy. See Indiana Code 32-23-4-1
  • person in interest: means :

    Indiana Code 32-23-7-4

  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • public utility: has the meaning set forth in IC 8-1-8. See Indiana Code 32-23-11-2
  • railroad: refers to a railroad company. See Indiana Code 32-23-11-3
  • 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
  • right-of-way: means a strip or parcel of real property in which a railroad has acquired an interest for use as a part of the railroad's transportation corridor. See Indiana Code 32-23-11-4
  • solar easement: means an easement obtained for the purpose of exposure of a solar energy device or a passive solar energy system to the direct rays of the sun. See Indiana Code 32-23-4-2
  • solar energy device: means an artifice, an instrument, or the equipment designed to receive the direct rays of the sun and convert the rays into heat, electricity, or another form of energy to provide heating, cooling, or electrical power. See Indiana Code 32-23-4-3
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • surface rights: means all rights relating to the occupancy, user, or ownership of the surface of land affected by this chapter. See Indiana Code 32-23-7-5
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • third party right of enforcement: means a right that is:

    Indiana Code 32-23-5-4

  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • unknown or missing owner: means a person:

    Indiana Code 32-23-13-3