Ind. Code » Title 32
Indiana Code

Ind. Code § 32-17-1-2 (2025)

Fee simple conveyance

✓ 2025 Indiana Code: the 2026 session is not included
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     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.

[Pre-2002 Recodification Citation: 32-1-2-12.]

As added by P.L.2-2002, SEC.2. Amended by P.L.231-2019, SEC.40.

 

Notes of Decisions
Cited in 6 cases, 2002–2018 · leading case: Citizens State Bank of New Castle v. Countrywide Home Loans, Inc., 949 N.E.2d 1195 (Ind. 2011).
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Citizens State Bank of New Castle v. Countrywide Home Loans, Inc., 949 N.E.2d 1195 (Ind. 2011). · cites it 4× “" I.C. § 32-17-1-2. On the record before us it is not sufficiently clear whether Countrywide did or did not intend merger to occur at the precise moment the trial court entered judgment of foreclosure in favor Countrywide and against the Clouds on October 30, 2006.”
Poznic v. Porter Cnty. Dev. Corp., 779 N.E.2d 1185 (Ind. Ct. App. 2002). · cites it 2× “Ind.Code § 32-17-1-2 (Supp. 2002) (previously located at Ind.”
Patterson v. Seavoy, 822 N.E.2d 206 (Ind. Ct. App. 2005). · cites it 2× “For a valid transfer of legal title, the grantor must make, execute, and deliver a deed to the grantee containing words of conveyance and describing the property and the interest to be conveyed.”
Ellettsville Holdings, LLC v. Garnett D. Kinser, No. 53A04-1103-PL-121 (Ind. Ct. App. Jan. 25, 2012). · cites it 6× “(a) A conveyance of land that is: (1) worded in substance as “A.B. conveys and warrants to C.”
In Re: The Est. of Margaret S. Jones: John A. Jones, Jr. v. Joyce E. Schaefer & Suzanne D. VanGombos, Alexandra Margaret Windle, Sean Frances Windle, Charlene J. Windle (mem. dec.), No. 29A02-1410-ES-736 (Ind. Ct. App. May 15, 2015). · cites it 2× “That absent an agreement to the contrary in the conveyance, transferors are responsible for property taxes: Court of Appeals of Indiana | Memorandum Decision 29A02-1410-ES-736| May 15, 2015 Page 7 of 16 Absent an agreement to the contrary, there is a presumption that the buyer…”
Schulenburg v. United States, No. 16-371 (Fed. Cl. Mar. 26, 2018). “Ferguson on May 19, 1891, and it employs the standard language used to convey fee simple title pursuant to Indiana Code § 32-17-1-2. The deed states: This Indenture Witnesseth, that George C.”
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