Bill Text: MI SB0671 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Property; recording; marketable title act; modify provisions relating to preserving claims against title. Amends secs. 1, 2, 3 & 5 of 1945 PA 200 (MCL 565.101 et seq.) & repeals sec. 9 of 1945 PA 200 (MCL 565.109).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 572'18 12/31/18 Addenda [SB0671 Detail]
Download: Michigan-2017-SB0671-Engrossed.html
SB-0671, As Passed Senate, February 21, 2018
SENATE BILL No. 671
November 29, 2017, Introduced by Senator JONES and referred to the Committee on Local Government.
A bill to amend 1945 PA 200, entitled
"An act to define a marketable record title to an interest in land;
to require the filing of notices of claim of interest in such land
in certain cases within a definite period of time and to require
the recording thereof; to make invalid and of no force or effect
all claims with respect to the land affected thereby where no such
notices of claim of interest are filed within the required period;
to provide for certain penalties for filing slanderous notices of
claim of interest, and to provide certain exceptions to the
applicability and operation thereof,"
by amending sections 1, 2, 3, and 5 (MCL 565.101, 565.102, 565.103,
and 565.105), sections 1, 2, and 3 as amended by 1997 PA 154; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. Any person, having that
has the legal capacity to own
land
in this state, who that has an unbroken chain of title of
record to any interest in land for 20 years for mineral interests
and
40 years for other interests, shall is at the end of the
applicable
period be considered to have a marketable record title
to that interest, subject only to claims to that interest and
defects of title as are not extinguished or barred by application
of this act and subject also to any interests and defects as are
inherent in the provisions and limitations contained in the
muniments
of which the chain of record title is formed and which
have
been that are recorded within 3 2 years
after the effective
date
of the amendatory act that added section 1a 2(2) or
during the
20-year period for mineral interests and the 40-year period for
other
interests. However, a person shall is not be considered
to
have
a marketable record title by reason of this act , if the land
in which the interest exists is in the hostile possession of
another.
Sec. 2. (1) A person is considered to have an unbroken chain
of
title to an interest in land as provided in section 1 when if
the official public records disclose either of the following:
(a) A conveyance or other title transaction not less than 20
years in the past for mineral interests and 40 years for other
interests, which conveyance or other title transaction purports to
create the interest in that person, with nothing appearing of
record purporting to divest that person of the purported interest.
(b) A conveyance or other title transaction not less than 20
years in the past for mineral interests and 40 years for other
interests, which conveyance or other title transaction purports to
create the interest in some other person and other conveyances or
title transactions of record by which the purported interest has
become vested in the person first referred to in this section, with
nothing appearing of record purporting to divest the person first
referred to in this section of the purported interest.
(2) For purposes of this section, a conveyance or other title
transaction in the chain of title purports to divest an interest in
the property only if it creates the divestment or if it
specifically refers by liber and page or other county-assigned
unique identifying number to a previously recorded conveyance or
other title transaction that created the divestment.
Sec.
3. (1) Marketable title shall be is held
by a person and
shall
be is taken by his or her successors in interest free and
clear
of any and all interests, claims, and charges whatsoever the
existence
of which depends in whole or in part upon on any act,
transaction,
event, or omission that occurred prior to before the
20-year period for mineral interests, and the 40-year period for
other interests, and all such interests, claims, and charges are
hereby
declared to be null and void and of
no effect at law or in
equity. However, an interest, claim, or charge may be preserved and
kept
effective by filing for record within 3 2 years after the
effective
date of the amendatory act that added section 1a 2(2) or
during the 20-year period for mineral interests and the 40-year
period for other interests, a notice in writing, verified by oath,
setting forth the nature of the claim in the manner required by
section 5.
(2) A disability or lack of knowledge of any kind on the part
of anyone does not suspend the running of the 20-year period for
mineral interests or the 40-year period for other interests.
(3) For the purpose of recording notices of claim for
homestead interests, the date from which the 20-year period for
mineral
interests and the 40-year period for other interests shall
run
shall be run is the date of recording of the instrument ,
nonjoinder,
in which is that contains the basis for the claim.
(4) A notice under this section may be filed for record by the
claimant or by any other person acting on behalf of any claimant if
1 or more of the following conditions exist:
(a) The claimant is under a disability.
(b) The claimant is unable to assert a claim on his or her own
behalf.
(c) The claimant is 1 of a class but whose identity cannot be
established or is uncertain at the time of filing the notice of
claim for record.
Sec.
5. (1) To be effective and to be entitled to record, the
a
notice above referred to shall of claim under section 3 must
contain an accurate and full description of all the land affected
by
such the notice, which description shall must be
set forth in
particular
terms and not by general inclusions.
, but However, if
said
the claim is founded upon on a
recorded instrument, then the
description
in such notice may be the same
as that contained in
such
recorded instrument. Such must
also state the liber and page
or other county-assigned unique identifying number of the recorded
instrument the claim is founded on. The failure to include the
liber and page or other county-assigned unique identifying number
renders the recording ineffective and the claim unpreserved. The
notice must contain all of the following:
(a) The claimant's name.
(b) The claimant's mailing address.
(c) The interest claimed to be preserved.
(d) The liber and page or other unique identification number
of the instrument creating the interest to be preserved.
(e) The legal description of the real property affected by the
claimed interest.
(f) The claimant's signature.
(g) An acknowledgment in the form required by the uniform
recognition of acknowledgments act, 1969 PA 57, MCL 565.261 to
565.270, and section 27 of the Michigan notary public act, 2003 PA
238, MCL 55.287.
(h) The drafter's name and address.
(i) An address to which the document can be returned.
(2)
A notice shall of claim under section 3 must be filed for
record in the register of deeds office of the county or counties
where
the land described therein in
the notice is situated.
located.
The register of deeds of each county
shall accept all such
notices
of claim under section 3 that are
presented to him which
the register of deeds that describe land located in the county in
which
he the register of deeds serves and shall enter and record
full
copies thereof of the notices
in the same way that deeds and
other
instruments are recorded. and each
(3)
A register shall be of deeds is entitled to charge the
same
fees for the recording thereof of
a notice under section 3 as
are
charged for recording deeds. In indexing such notices in his
office
each under section 3, a register of
deeds shall enter such
the notices under the grantee indexes of deeds under the names of
the
claimants appearing in such the
notices.
Enacting section 1. Section 9 of 1945 PA 200, MCL 565.109, is
repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
