Bill Text: MI HB5057 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Property; other; adverse possession of property; eliminate. Amends secs. 5801, 5821 & 5867 of 1961 PA 236 (MCL 600.5801 et seq.).
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Introduced - Dead) 2013-10-08 - Printed Bill Filed 10/04/2013 [HB5057 Detail]
Download: Michigan-2013-HB5057-Introduced.html
HOUSE BILL No. 5057
October 3, 2013, Introduced by Reps. Johnson, Rendon, Goike, Lauwers, Daley, Robinson and Bumstead and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 5801, 5821, and 5867 (MCL 600.5801, 600.5821,
and 600.5867), section 5821 as amended by 1988 PA 35.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5801. (1) No Subject
to subsection (2), a person may not
bring
or maintain any an action for the recovery or possession of
any
lands real property or make any an entry upon any lands on real
property unless, after the claim or right to make the entry first
accrued
accrues to himself the person or to someone
through whom he
the
person claims, he the person commences the action or makes the
entry
within whichever of the following
periods of time prescribed
by
this section.limitation is
applicable:
(a) (1)
When If the defendant claims title to the land in
question
real property by or through some a deed
made upon on the
sale
of the premises property by an executor, administrator, a
personal
representative, guardian, or
testamentary trustee; or by a
sheriff
or other proper ministerial officer under the an order,
judgment,
or process , or decree of a court or legal tribunal of
competent
jurisdiction within in this state;
, or by a sheriff upon
on a mortgage foreclosure sale, the period of limitation is 5
years.
(b) (2)
When If the defendant claims title under some a deed
made by an officer of this state or of the United States who is
authorized
to make deeds upon on the sale of lands real property
for
taxes assessed and levied within in this state, the
period of
limitation is 10 years.
(c) (3)
When If the defendant claims title through a devise in
any
a will, the period of limitation is 15 years after the
probate
of the will in this state.
(d) (4)
In all other cases under this section, If subdivisions
(a) to (c) do not apply, the period of limitation is 15 years.
(2) The periods of limitation for bringing or maintaining an
action for the recovery or possession of real property do not apply
to a person if an adverse party is asserting a claim to the
property based on adverse possession or acquiescence.
Sec.
5821. (1) Actions An
action for the recovery of any land
where
the real property to which
this state is a party are is not
subject
to the periods of limitations, limitation
or laches.
However,
a person who could have asserted claim to title by adverse
possession
for more than 15 years is entitled to seek any other
equitable
relief in an action to determine title to the land.
(2)
Actions An action brought by any a municipal corporations
corporation
for the recovery of the possession of any
a public
highway,
street, alley, or any other public ground are is not
subject
to the periods of limitations.limitation.
(3)
The periods of limitations limitation
prescribed for
personal actions apply equally to personal actions brought in the
name
of the people of this state , or in
the name of any an officer
,
or otherwise for the benefit of
this state, subject to the
exceptions contained in subsection (4).
(4)
Actions An action brought in the name of the this state,
of
Michigan, the people of the this state, of
Michigan, or any a
political
subdivision of the this state of Michigan, or in the name
of
any an officer or otherwise for the benefit of the this state
of
Michigan
or any a political
subdivision of the this state of
Michigan
for the recovery of the cost of
maintenance, care, and
treatment of persons in hospitals, homes, schools, and other state
institutions
are is not subject to the statute of limitations and
may
be brought at any time without limitation, the provisions of
any statute to the contrary notwithstanding.
Sec.
5867. In every an action for the recovery or possession
of
real estate, the property,
a person establishing the who
establishes
legal title to the premises property is
presumed to
have
been in possession of the premises within property for the
time
limited by law applicable
period of limitation for bringing
such
the action, unless it appears that the same has been
possessed
adversely
to such legal title by the defendant or by those from or
under
whom he claims, or that the a
grantee , or his assigns, in
under a contract of purchase, or the grantee's assigns, have been
in
possession of the property claiming title by virtue of said the
contract
of purchase for a period of 20 years or more after the
last
payment was due on said the
contract or after the last payment
was
made on said the contract. of purchase.