Indiana Code
Ind. Code § 32-23-1-1 (2026)
Use for 20 years
✓ current as of May 2026
Sec. 1. The right-of-way, air, light, or other easement from, in, upon, or over land owned by a person may not be acquired by another person by adverse use unless the use is uninterrupted for at least twenty (20) years.
[Pre-2002 Recodification Citation: 32-5-1-1.]
As added by P.L.2-2002, SEC.8.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 2003–2025 · leading case: Earl F. Shields, Larry J. Shields, & Robert L. Shields v. Rodney L. Taylor, 976 N.E.2d 1237 (Ind. Ct. App. 2012).
Earl F. Shields, Larry J. Shields, & Robert L. Shields v. Rodney L. Taylor, 976 N.E.2d 1237 (Ind. Ct. App. 2012). “2d at 441 )); see also Ind.Code § 32-23-1-1 (“The right-of-way, air, light, or other easement from, in, upon, or over land owned by a person may not be acquired by another person by adverse use unless the use is uninterrupted for at least twenty (20) years.”
Romine v. Gagle, 782 N.E.2d 369 (Ind. Ct. App. 2003). “Ind.Code Ann. § 32-23-1-1 (West 2002). The existence or non-existence of a prescriptive easement is a question of fact.”
Celebration Worship Ctr., Inc. v. Patrick Tucker & Carolyn P. Tucker, A/K/A Patty Tucker, 35 N.E.3d 251 (Ind. 2015). “For example, for prescriptive easements, the requisite statutory period is twenty years, Ind.Code § 32-23-1-1, and the claimant must exercise control of its limited land interest for a specific purpose, e.”
Downing v. Owens, 809 N.E.2d 444 (Ind. Ct. App. 2004). “1997); see also Ind.Code § 32-23-1-1 ("The right-of-way, air, light, or other easement from, in, upon, or over land owned by a person may not be acquired by another person by adverse use unless the use is uninterrupted for at least twenty (20) years.”
Chickamauga Props., Inc. v. Barnard, 853 N.E.2d 148 (Ind. Ct. App. 2006). “1993), reh’g denied, 11 see also Ind. Code § 32-23-1-1 (An easement “from, in, upon, or over land owned by a person may not be acquired by another person by adverse use unless the use is uninterrupted for at least twenty (20) years.”
Whitman v. Denzik, 882 N.E.2d 260 (Ind. Ct. App. 2008). “Indiana Code Section 32-23-1-1 provides that an easement “from, in, upon, or over land owned by a person may not be acquired by another person by adverse use unless the use is uninterrupted for at least twenty (20) years.”
Gregory T. Hardin & Kelly T. Hardin v. Ruth McClintic, 125 N.E.3d 643 (Ind. Ct. App. 2019). “in satisfaction of the 20[-]year requirement imposed by IC § 32-23-1-1." (App. Vol. 2 at 44). [30] The Hardins do not dispute that McClintic and her predecessors in title had used the gravel driveway for more than twenty years.”
Patricia M. Jones v. Von Hollow Ass'n, Inc., 103 N.E.3d 667 (Ind. Ct. App. 2018). “See Ind. Code § 32-23-1-1 ("The right-of-way, air, light, or other easement from, in, upon, or over land owned by a person may not be acquired by another person by adverse use unless the use is uninterrupted for at least twenty (20) years.”
Tom Bonnell v. Ruby A. Cotner, Douglas Wayne Cotner, Arthur J. Johnson, Jimmy J. Johnson, & Jerry L. Johnson, 50 N.E.3d 361 (Ind. 2016). “Ind.Code § 32-23-1-1. The Cotners also specifically pleaded that the outbuilding was erected in 1968, and that they and their predecessors-in-interest had exercised exclusive control over the entire disputed portion of the Strip since that time.”
Roberts v. Feitz, 933 N.E.2d 466 (Ind. Ct. App. 2010). “In order to established the existence of a prescriptive easement, Indiana Code section 32-23-1-1 provides that "[the right-of-way, air, light, or other easement from, in, upon, or over land owned by a person may not be acquired by another person by adverse use unless the use is…”
Crowder Farms, LLC v. Jeff L. Flick, No. 24A-PL-02176 (Ind. Ct. App. Aug. 13, 2025). “Ind. Code § 32-23-1-1 . “The law disfavors prescriptive easements.”
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