SENATE BILL No. 1135

February 26, 2002, Introduced by Senator DE BEAUSSAERT and referred to the Committee on

Judiciary.

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 section 1 (MCL 565.101), as amended by 1997 PA 154.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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

3 any interest in land for 20 years for mineral interests and 40

4 years for other interests, shall at the end of the applicable

5 period be considered to have a marketable record title to that

6 interest, subject only to claims to that interest and defects of

7 title as are not extinguished or barred by application of this

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1 act and subject also to any interests and defects as are inherent

2 in the provisions and limitations contained in the muniments of

3 which the chain of record title is formed and which have been

4 recorded within 3 years after the effective date of the amenda-

5 tory act that added section 1a DECEMBER 22, 1997, or during the

6 20-year period for mineral interests and the 40-year period for

7 other interests. However, a person shall not be considered to

8 have a marketable record title by reason of this act, if the land

9 in which the interest exists is in the hostile possession of

10 another.

11 Enacting section 1. This amendatory act does not take

12 effect unless Senate Bill No. 1134

13 of the 91st Legislature is enacted into

14 law.

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