Indiana Code
Ind. Code § 32-20-5-2 (2026)
Filing claim to slander title; claimant's liability for costs and damages
✓ current as of May 2026
Sec. 2. In any action to quiet title to land, if the court finds that a person has filed a claim only to slander title to land, the court shall:
(1) award the plaintiff all the costs of the action, including attorney's fees that the court allows to the plaintiff; and
(2) decree that the defendant asserting the claim shall pay to the plaintiff all damages that the plaintiff may have sustained as the result of the notice of claims having been filed for record.
[Pre-2002 Recodification Citation: 32-1-5-9 part.]
As added by P.L.2-2002, SEC.5.
IC 32-21ARTICLE 21. CONVEYANCE PROCEDURES FOR REAL
PROPERTY
Ch. 1.Statute of Frauds; Writing Requirements
Ch. 2.Recording Process
Ch. 2.5.Uniform Real Property Electronic Recording Act
Ch. 3.Effect of Recording
Ch. 4.Priority of Recorded Transactions
Ch. 5.Residential Real Estate Sales Disclosure
Ch. 5.2.Prohibition Against Mandated Inspection of a
Class 2 Structure or Residential Onsite Sewage
System
Ch. 6.Psychologically Affected Properties
Ch. 7.Adverse Possession
Ch. 8.Tax Sale Surplus Disclosure
Ch. 9.Written Instruments by Members of the Armed
Forces
Ch. 10.Conveyances in Which the Grantor and Another
Are Named as Grantees
Ch. 11.Repealed
Ch. 12.Deed Restrictions Regarding Industrialized
Residential Structures
Ch. 13.Display of Political Signs on Property Subject to
Restrictive Covenants or Homeowners
Association Rules
Ch. 14.Transfer Fee Covenants
Ch. 15.Discriminatory Restrictive Covenants
Ch. 16.5.Solicitation of Real Estate Sale or Purchase by an
Unlicensed Real Estate Solicitor
IC 32-21-1Chapter 1. Statute of Frauds; Writing Requirements
32-21-1-1Requirement of written agreement; agreements or
promises covered
32-21-1-2Consideration for agreement; writing not required
32-21-1-3Conveyance; trust in lands; goods; things in
action
32-21-1-4Trust arising from or extinguished by implication
of law
32-21-1-5Compelling specific performance in cases of part
performance
32-21-1-6Representations concerning other persons
32-21-1-7Conveyance revocable at will of grantor;
provision void as to subsequent purchaser
32-21-1-8Revocation and reconveyance power; person
other than grantor
32-21-1-9Conveyance before vesting of power of
revocation
32-21-1-10Commission for finding purchaser of real estate
32-21-1-11Repealed
32-21-1-12Repealed
32-21-1-13Conveyance of land; written deed required
32-21-1-14Conveyances by attorney; power of attorney
32-21-1-15Conveyances by quitclaim
32-21-1-16Estate of inheritance; expression of intent
required to create lesser estate
32-21-1-17Incorporating by reference recorded
encumberances
Notes of Decisions
Cited in 6
cases, 2012–2015 · leading case: Dean Vander Woude & Timothy Koster v. First Midwest Bank, Successor in Interest to Bank Calumet, N.A., 45 N.E.3d 847 (Ind. Ct. App. 2015).
Dean Vander Woude & Timothy Koster v. First Midwest Bank, Successor in Interest to Bank Calumet, N.A., 45 N.E.3d 847 (Ind. Ct. App. 2015). “[6] Indiana Code Section 32-20-5-2 provides in relevant part that, in any action to quiet title to land, if the court finds that “a person has' filed a claim only to slander title to land,” the court shall award the plaintiff “all the costs of the action, including attorney’s…”
Holland v. Steele, 961 N.E.2d 516 (Ind. Ct. App. 2012). “Indiana Code section 32-20-5-2 provides that “[i]n any action to quiet title to land, if the court finds that a person has filed a claim only to slander title to land, the court shall” award the plaintiff costs, attorney’s fees, and “damages that the plaintiff may have sustained…”
Country Contractors, Inc., Stephen Songer, & Jahn Songer v. A Westside Storage of Indianapolis, Inc., 4 N.E.3d 677 (Ind. Ct. App. 2014). “” Ind.Code § 32-20-5-2(1). As previously discussed, we affirm the trial court’s conclusion that Country slandered Westside’s title.”
Michael R. Bixeman & Doreen Bixeman v. Hunter's Run Homeowners Ass'n of St. John, Inc., 36 N.E.3d 1074 (Ind. Ct. App. 2015). “Attorney Fees [19] Bixemans assert Hunter’s Run slander of title entitled them to attorney fees pursuant to Ind.Code § 32-20-5-2. Hunter’s Run does not dispute Bixemans’ assertion except to note the court made no finding.”
Robert Holland, A Concerned Citizen for the Redevelopment of Gary v. Richard Steele, Barbara Steele, First Midwest Bank, As Successor Tr. By Way of Merger to Bank Calumet, N.A. (Ind. Ct. App. 2012). “Indiana Code section 32-20-5-2 provides that “[i]n any action to quiet title to land, if the court finds that a person has filed a claim only to slander title to land, the court shall” award the plaintiff costs, attorney’s fees, and “damages that the plaintiff may have sustained…”
Heidemarie Garcia v. Cover-Rite, Inc., J.C. Builders, Inc. & Salvino Verta (Ind. Ct. App. 2014). “In the letter, Garcia also asserted that Cover-Rite’s failure to release the mechanic’s lien would result in her filing a slander of title action, pursuant to INDIANA CODE § 32-20-5-2, against Cover-Rite. 7 Additionally, Garcia’s counsel sent Verta a letter in which Garcia…”
— Ind. Code § 32-20-5-2(1) — 1 case
Country Contractors, Inc., Stephen Songer, & Jahn Songer v. A Westside Storage of Indianapolis, Inc., 4 N.E.3d 677 (Ind. Ct. App. 2014). “” Ind.Code § 32-20-5-2(1). As previously discussed, we affirm the trial court’s conclusion that Country slandered Westside’s title.”
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