House Introduced Bill 4273

HOUSE BILL No. 4273


     February 11, 1997, Introduced by Reps. Tesanovich, Cherry, Anthony, Gagliardi, Prusi, Hale, Bobier, Parks, Bogardus, Horton, Lowe, LaForge and Hanley and referred to the Committee on Forestry and Mineral Rights.


        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 the title and sections 1, 2, 3, and 6 (MCL 565.101,

   565.102, 565.103, and 565.106) and by adding sections 2a and 2b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to define a marketable record title to an interest in

 3    land OTHER THAN AN OIL OR GAS INTEREST; to require the filing of

 4    notices of claim of interest in such land in certain cases within

 5    a definite period of time and to require the recording thereof;

 6    to make invalid and of no force or effect all claims with respect


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 1    to the land affected thereby where no such notices of claim of

 2    interest are filed within the required period; to provide for

 3    certain penalties for filing slanderous notices of claim of

 4    interest, and to provide certain exceptions to the applicability

 5    and operation thereof.

 6         Sec. 1.  Any person, having the legal capacity to own land

 7    in this state, who has an unbroken chain of title of record to

 8    any interest in land for  40  20 years FOR MINERAL INTERESTS AND

 9    40 YEARS FOR OTHER INTERESTS, shall at the end of  such  THE

10    APPLICABLE period be  deemed  CONSIDERED to have a marketable

11    record title to  such  THAT interest, subject only to  such 

12    claims  thereto  TO THAT INTEREST and defects of title as are not

13    extinguished or barred by application of  the provisions of suc-

14     ceeding sections of  this act and subject also to  such  ANY

15    interests and defects as are inherent in the provisions and limi-

16    tations contained in the muniments of which  such  THE chain of

17    record title is formed and which have been recorded during  said

18     40  THE 20-year period  :  Provided, however, That no one  FOR

19    MINERAL INTERESTS AND THE 40-YEAR PERIOD FOR OTHER INTERESTS.

20    HOWEVER, A PERSON shall NOT be  deemed  CONSIDERED to have  such 

21    a marketable record title by reason of  the terms of  this act,

22    if the land in which  such  THE interest exists is in the hostile

23    possession of another.

24         Sec. 2.  A  EXCEPT AS PROVIDED IN SECTION 2A, A person

25     shall be deemed  IS CONSIDERED to have  the  AN unbroken chain

26    of title to an interest in land as  such terms are used in the





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 1    preceding  PROVIDED IN section 1 when the official public records

 2    disclose EITHER OF THE FOLLOWING:

 3         (a) A conveyance or other title transaction not less than

 4     40  20 years in the past FOR MINERAL INTERESTS AND 40 YEARS FOR

 5    OTHER INTERESTS, which  said  conveyance or other title transac-

 6    tion purports to create  such  THE interest in  such  THAT

 7    person, with nothing appearing of record purporting to divest

 8     such  THAT person of  such  THE purported interest.  ; or, 

 9         (b) A conveyance or other title transaction not less than

10     40  20 years in the past FOR MINERAL INTERESTS AND 40 YEARS FOR

11    OTHER INTERESTS, which  said  conveyance or other title transac-

12    tion purports to create  such  THE interest in some other person

13    and other conveyances or title transactions of record by which

14     such  THE purported interest has become vested in the person

15    first referred to in this section, with nothing appearing of

16    record purporting to divest the person first referred to in this

17    section of  such  THE purported interest.

18         SEC. 2A.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT,

19    WITHIN 2 YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH

20    PERSON WITH A MINERAL INTEREST IN REAL PROPERTY SHALL RECORD WITH

21    THE REGISTER OF DEEDS NOTICE OF HIS OR HER MINERAL INTEREST IN

22    THE MANNER PROVIDED IN SECTION 5.  ANY MINERAL INTEREST THAT IS

23    NOT RECORDED WITHIN THE TIME PERIOD PROVIDED IN THIS SECTION IS

24    VOID AND THAT INTEREST REVERTS TO THE SURFACE OWNER OF THE

25    PROPERTY.







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 1         SEC. 2B.  THIS ACT DOES NOT APPLY TO OIL AND GAS INTERESTS

 2    IN REAL PROPERTY THAT ARE REGULATED UNDER 1963 PA 42, MCL 554.291

 3    TO 554.294.

 4         Sec. 3.  Such marketable  MARKETABLE title shall be held by

 5     such  A person and shall be taken by his OR HER successors in

 6    interest free and clear of any and all interests, claims, and

 7    charges whatsoever the existence of which depends in whole or in

 8    part upon any act, transaction, event, or omission that occurred

 9    prior to  such 40  THE 20-year period FOR MINERAL INTERESTS, AND

10    THE 40-YEAR PERIOD FOR OTHER INTERESTS, and all  such interest 

11    INTERESTS, claims, and charges are hereby declared to be null and

12    void and of no effect  whatever  at law or in equity.  :

13     Provided, however, That any such  HOWEVER, EXCEPT AS PROVIDED IN

14    SECTION 2A, AN interest, claim, or charge may be preserved and

15    kept effective by filing for record during  such 40  THE 20-year

16    period FOR MINERAL INTERESTS AND THE 40-YEAR PERIOD FOR OTHER

17    INTERESTS, a notice in writing,  duly  verified by oath, setting

18    forth the nature of the  claims  CLAIM.  No  A disability or

19    lack of knowledge of any kind on the part of anyone  shall  DOES

20    NOT suspend the running of  said 40  THE 20-year period FOR MIN-

21    ERAL INTERESTS OR THE 40-YEAR PERIOD FOR OTHER INTERESTS.  For

22    the purpose of recording notices of claim for homestead interests

23    the date from which the  40  20-year period FOR MINERAL INTERESTS

24    AND THE 40-YEAR PERIOD FOR OTHER INTERESTS shall run shall be the

25    date of recording of the instrument,  non-joinder  NONJOINDER, in

26    which is the basis for  such  THE claim.  Such  A notice may be

27    filed for record by the claimant or by any other person acting on



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 1    behalf of any claimant  who is  IF 1 OR MORE OF THE FOLLOWING

 2    CONDITIONS EXIST:

 3         (a)  Under  THE CLAIMANT IS UNDER a disability.  , 

 4         (b)  Unable  THE CLAIMANT IS UNABLE to assert a claim on his

 5    OR HER own behalf.  , 

 6         (c)  One  THE CLAIMANT IS 1 of a class but whose identity

 7    cannot be established or is uncertain at the time of filing

 8     such  THE notice of claim for record.

 9         Sec. 6.  This act shall be construed to effect the legisla-

10    tive purpose of simplifying and facilitating land title transac-

11    tions by allowing persons dealing with the record title owner, as

12    defined  herein  IN THIS ACT, to rely on the record title cover-

13    ing a period of not more than  40  20 years FOR MINERAL INTERESTS

14    AND 40 YEARS FOR OTHER INTERESTS prior to the date of such deal-

15    ing and to that end to extinguish all claims that affect or may

16    affect the interest  thus  dealt with, the existence of which

17    claims arises out of or depends upon any act, transaction, event,

18    or omission antedating  such 40  THE 20-year period FOR MINERAL

19    INTERESTS AND THE 40-YEAR PERIOD FOR OTHER INTERESTS, unless

20    within  such 40  THE 20-year period FOR MINERAL INTERESTS OR THE

21    40-YEAR PERIOD FOR OTHER INTERESTS a notice of claim as provided

22    in section 3  hereof shall have  HAS been  duly  filed for

23    record.  The claims  hereby  extinguished  shall mean  BY THIS

24    ACT ARE any and all interests of any nature whatever, however

25    denominated, and whether  such  THE claims are asserted by a

26    person sui juris or under disability, whether  such  THE person





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 1    is within or  without  OUTSIDE the state, and whether  such  THE

 2    person is natural or corporate, or private or governmental.




















































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