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Indiana Easement Deed

Easements in Indiana are commonly created by prescription, in gross, in appurtenant, or by necessity. An easement is a non-possessory and non-ownership right of one person to use the real property of another person for a specific purpose. The easement deed is the instrument in writing that creates the right. Additional easements, such as solar easements and conservation easements, can also be obtained in Indiana. A solar easement can be obtained for the purpose of exposure of a solar energy devise or passive solar energy system to the direct rays of the sun (32-23-4-2). A conservation easement is a non-possessory interest of a holder of real property that imposes limitations or affirmative obligations for purposes as outlined in 32-23-5-2 of the Indiana Revised Code. Conservation and solar easements are subject to the same conveyance and recording requirements as other easements in this state.

An easement created after June 30, 1989 must cross reference the original recorded plat. If the real property from which the easement is being created is not platted, the easement must cross reference the most recent deed of record for that property in the recorder’s office (32-23-2-5).
 
 
 
Official Indiana Easement Deed Forms
Official Easement Deed Form