NOTE: Please see our MRTA resource page on this topic for details and SAMPLE claim forms.

Marketable Record Title Act Deadline Nears

By Paul J. Sniadecki, MLSA Board Director

MLSA just finished a training session by a prominent Michigan law firm covering the intricacies of Michigan’s Marketable Record Title Act, MCL 565.101, et seq. The main learning point is that many easements, restrictive covenants, deed restrictions, and HOA and Condo provisions could be extinguished if they were created in recorded legal documents prior to March 29, 1984. This is the case because amendments to the Marketable Record Title Act (MRTA) created a limited, 40-year period of time over which the chain of title will be reviewed. Subject to certain exceptions, any property interests that are not recorded within that 40-year window, or sufficiently identified within the other documents that have been recorded within that 40-year window, are no longer enforceable against that property.

The MRTA allows for property owners to preserve their interests by fling a “Notice of Claim” with the Register of Deeds in the County where the property is located. The Notice of Claim has nine required elements, with one being the listing of the “Liber and Page Number” of the original recorded document containing the property interest or restriction. As the MRTA now provides, another new Notice of Claim would have to recorded before the 40 year window expires. So, a Notice of Claim filed in 2024 would only be operative until 2064.

MLSA is not a law firm, and we cannot provide any legal advice on whether any part of the MRTA applies to your property. However, we fulfill our mission to educate and inform by sharing this information with our members. The seminar presenters encouraged participants to consult with their attorney if they have a concern. The presenters also provided this caveat:

“If in doubt, file a Notice of Claim prior to March 29, 2024.”

As information, Michigan Senate Bill 721 is currently out of committee and proposes to extend the MRTA filing deadline to September 29, 2024. As with so many legislative matters, nothing is official until it passes both the full Senate and House, and is signed by the Governor.

Marketable Record Title Act resource page.

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