June 17, 2003, Introduced by Reps. Shackleton, Tabor, Milosch, Palsrok, Sheen, Wenke, Casperson, Palmer, Amos, Kooiman, Farhat, Brandenburg, Meyer, Hummel, Ehardt, Acciavatti, DeRoche, Pastor, Pappageorge, Stahl, Garfield, Steil, Nofs, Newell and Huizenga and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5867 (MCL 600.5867) and by adding section
5867a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 5867. In every action for the recovery or possession
2 of real estate property,
the person establishing the legal
3 title to the premises
real property is presumed to have been in
4 possession of the premises
real property within the time
5 limited by law limits prescribed in section 5801 for bringing
6 such the action, unless it appears that the
same and the
7 occupation of the real property by any other person is presumed
8 to be in subordination to the legal title, except in either of
9 the following situations:
10 (a) The real property
has been possessed adversely to such
1 the legal title by the defendant
claimant or by those from or
2 under whom he the
claimant claims. , or that the A claim of
3 adverse possession is subject to section 5867a.
4 (b) The grantee, or his
the grantee's assigns, in a
5 contract of purchase have been in possession claiming title by
6 virtue of said the
contract of purchase for a period of 20
7 years after the last
payment was due on said the contract of
8 purchase or after the
last payment was made on said the
9 contract of purchase.
10 Sec. 5867a. Beginning of the effective date of this
11 section, a claim of adverse possession cannot be maintained if
12 the person against whom the claim is made has paid all state and
13 local taxes and special assessments levied against the real
14 property during the time period prescribed in section 5801.