Bill Text: MI HB5546 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Property; other; adverse possession of property; revise statutory period to 30 years. Amends sec. 5801 of 1961 PA 236 (MCL 600.5801).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-04-14 - Bill Electronically Reproduced 04/13/2016 [HB5546 Detail]
Download: Michigan-2015-HB5546-Introduced.html
HOUSE BILL No. 5546
April 13, 2016, Introduced by Rep. Somerville and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5801 (MCL 600.5801).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5801. No 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, conservator, 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) If the defendant asserts a claim to the property based on
adverse possession or acquiescence, the period of limitation is 30
years.
(e) (4)
In all other cases under this section, If subdivisions
(a) to (d) do not apply, the period of limitation is 15 years.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
