Bill Text: MI HB4364 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Land use; other; adverse possession; restrict. Amends sec. 5867 of 1961 PA 236 (MCL 600.5867) & adds sec. 5867a.

Spectrum: Strong Partisan Bill (Republican 14-1)

Status: (Introduced - Dead) 2011-03-03 - Printed Bill Filed 03/03/2011 [HB4364 Detail]

Download: Michigan-2011-HB4364-Introduced.html

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HOUSE BILL No. 4364

 

March 2, 2011, Introduced by Reps. Agema, Walsh, Forlini, Lori, Pettalia, Wayne Schmidt, Poleski, O'Brien, Tyler, Haines, Huuki, Somerville, McMillin, Genetski and Barnett and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 5867 (MCL 600.5867) and by adding section

 

5867a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 5867. In every action for the recovery or possession of

 

real estate property, the person establishing the legal title to

 

the premises real property is presumed to have been in possession

 

of the premises real property within the time limited by law limits

 

prescribed in section 5801 for bringing such the action, unless it

 

appears that the same and the occupation of the real property by

 

any other person is presumed to be in subordination to the legal

 

title, except in either of the following situations:

 

     (a) The real property has been possessed adversely to such the

 

legal title by the defendant or by those from or under whom he the

 

defendant claims. , or that the A claim of adverse possession is

 

subject to section 5867a.

 

     (b) The grantee, or his the grantee's assigns, in a contract

 

of purchase have been in possession claiming title by virtue of

 

said the contract of purchase for a period of 20 years after the

 

last payment was due on said the contract of purchase or after the

 

last payment was made on said the contract of purchase.

 

     Sec. 5867a. Beginning on the effective date of this section, a

 

claim of adverse possession cannot be maintained if the person

 

against whom the claim is made has paid all state and local taxes

 

and special assessments levied against the real property during the

 

time period prescribed in section 5801.