Marketable record title is subject to the following:

1. (1) All interests and defects that are inherent in the muniments of which the chain of record title is formed. However, a general reference in the muniments, or any one (1) of them, to:

   1. (A) easements;
   2. (B) use restrictions; or

   3. (C) other interests created before the root of title;

      is not sufficient to preserve them, unless specific identification is made in the muniments of a recorded title transaction that creates the easement, use restriction, or other interest.

2. (2) All interests preserved by:

   1. (A) the filing of proper notice; or
   2. (B) possession by the same owner continuously for at least fifty
   3. (50) years, in accordance with IC 32-20-4-1 .
3. (3) The rights of any person arising from adverse possession or adverse user, if the period of adverse possession or adverse user was wholly or partly subsequent to the effective date of the root of title.
4. (4) Any interest arising out of a title transaction recorded after the effective date of the root of title from which the unbroken chain of title of record is started. However, the recording shall not revive or give validity to any interest that has been extinguished before the time of the recording by the operation of section 3 of this chapter.

5. (5) The exceptions stated in IC 32-20-4-3 concerning:

   1. (A) rights of reversioners in leases;
   2. (B) rights of any lessee in and to any lease; and
   3. (C) easements and interests in the nature of easements.

6. (6) All interests of the department of environmental management arising from the recording of a restrictive covenant under IC 13 , regardless of whether the recording occurred before July 1, 2008.

   [Pre-2002 Recodification Citation: 32-1-5-2.]

As added by P.L.2-2002, SEC.5. Amended by P.L.18-2008, SEC.2; P.L.220-2011, SEC.522.