Marketable Record Title Act

1. The Michigan Riparian Magazine did address this matter in the Winter, 2021 issue of the magazine. Read it here: Attorney Writes – Two Ticking Time Bombs
2. This form might not be adequate for you or your organization if it is not properly completed, changed and/or customized. The statute may be a situation where “one size fits all” would not be applicable. An improperly drafted or filled out notice of claim as recorded might not be effective to preserve the applicable deed restrictions, private road agreement restrictions, plat restrictions, condominium restrictions, amendments, etc.
3. All deed restrictions (or plat restrictions) and recorded amendments must be added to the notice of claim.

Notice of Claim SAMPLES for Individuals and Associations

Sample Notice of Claim for Individuals

Sample Notice of Claim for Associations

Act Language, for your reference

565.103 Marketable record title; successors in interest; notice of claims; filing for record.

Sec. 3.

(1) Marketable title is held by a person and is taken by his or her successors in interest free and clear of any and all interests, claims, and charges the existence of which depends in whole or in part on any act, transaction, event, or omission that occurred before the 20-year period for mineral interests, and the 40-year period for other interests, and all such interests, claims, and charges are 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 5 years after March 29, 2019 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 run is the date of recording of the instrument 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:

565.105 Notice of claim to contain land description; requirements; recording, fees, indexing.

Sec. 5.

(1) To be effective and to be entitled to record, a notice of claim under section 3 must contain an accurate and full description of all the land affected by the notice, which description must be set forth in particular terms and not by general inclusions. However, except as to mineral interests, if the claim is founded on a recorded instrument, the notice 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) Except as to mineral interests, 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 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 in the notice is located. The register of deeds of each county shall accept all notices of claim under section 3 that are presented to the register of deeds that describe land located in the county in which the register of deeds serves and shall enter and record full copies of the notices in the same way that deeds and other instruments are recorded.

(3) A register of deeds is entitled to charge the same fees for the recording of a notice under section 3 as are charged for recording deeds. In indexing notices under section 3, a register of deeds shall enter the notices under the grantee indexes of deeds under the names of the claimants appearing in the notices.

History: 1945, Act 200, Eff. Sept. 6, 1945 ;– Am. 1947, Act 117, Imd. Eff. May 22, 1947 ;– CL 1948, 565.105 ;– Am. 2018, Act 572, Eff. Mar. 29, 2019