SENATE BILL No. 671

 

 

November 29, 2017, Introduced by Senator JONES and referred to the Committee on Local Government.

 

 

     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 sections 1, 2, 3, and 5 (MCL 565.101, 565.102, 565.103,

 

and 565.105), sections 1, 2, and 3 as amended by 1997 PA 154; and

 

to repeal acts and parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

land in this state, who that has an unbroken chain of title of

 

record to any interest in land for 20 years for mineral interests

 

and 40 years for other interests, shall is at the end of the

 

applicable period be considered to have a marketable record title


to that interest, subject only to claims to that interest and

 

defects of title as are not extinguished or barred by application

 

of this act and subject also to any interests and defects as are

 

inherent in the provisions and limitations contained in the

 

muniments of which the chain of record title is formed and which

 

have been that are recorded within 3 2 years after the effective

 

date of the amendatory act that added section 1a 2(2) or during the

 

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

 

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

 

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

 

in which the interest exists is in the hostile possession of

 

another.

 

     Sec. 2. (1) A person is considered to have an unbroken chain

 

of title to an interest in land as provided in section 1 when if

 

the official public records disclose either of the following:

 

     (a) A conveyance or other title transaction not less than 20

 

years in the past for mineral interests and 40 years for other

 

interests, which conveyance or other title transaction purports to

 

create the interest in that person, with nothing appearing of

 

record purporting to divest that person of the purported interest.

 

     (b) A conveyance or other title transaction not less than 20

 

years in the past for mineral interests and 40 years for other

 

interests, which conveyance or other title transaction purports to

 

create the interest in some other person and other conveyances or

 

title transactions of record by which the purported interest has

 

become vested in the person first referred to in this section, with

 

nothing appearing of record purporting to divest the person first


referred to in this section of the purported interest.

 

     (2) For purposes of this section, a conveyance or other title

 

transaction in the chain of title purports to divest an interest in

 

the property only if it creates the divestment or if it

 

specifically refers by liber and page or other county-assigned

 

unique identifying number to a previously recorded conveyance or

 

other title transaction that created the divestment.

 

     Sec. 3. (1) Marketable title shall be is held by a person and

 

shall be is taken by his or her successors in interest free and

 

clear of any and all interests, claims, and charges whatsoever the

 

existence of which depends in whole or in part upon on any act,

 

transaction, event, or omission that occurred prior to before the

 

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

 

other interests, and all such interests, claims, and charges are

 

hereby declared to be null and 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 3 2 years after the

 

effective date of the amendatory act that added section 1a 2(2) 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 shall

 

run shall be run is the date of recording of the instrument ,

 

nonjoinder, in which is 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:

 

     (a) The claimant is under a disability.

 

     (b) The claimant is unable to assert a claim on his or her own

 

behalf.

 

     (c) The claimant is 1 of a class but whose identity cannot be

 

established or is uncertain at the time of filing the notice of

 

claim for record.

 

     Sec. 5. (1) To be effective and to be entitled to record, the

 

a notice above referred to shall of claim under section 3 must

 

contain an accurate and full description of all the land affected

 

by such the notice, which description shall must be set forth in

 

particular terms and not by general inclusions. , but However, if

 

said the claim is founded upon on a recorded instrument, then the

 

description in such notice may be the same as that contained in

 

such recorded instrument. Such 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) 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 shall 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 therein in the notice is situated.

 

located. The register of deeds of each county shall accept all such

 

notices of claim under section 3 that are presented to him which

 

the register of deeds that describe land located in the county in

 

which he the register of deeds serves and shall enter and record

 

full copies thereof of the notices in the same way that deeds and

 

other instruments are recorded. and each

 

     (3) A register shall be of deeds is entitled to charge the

 

same fees for the recording thereof of a notice under section 3 as

 

are charged for recording deeds. In indexing such notices in his

 

office each under section 3, a register of deeds shall enter such

 

the notices under the grantee indexes of deeds under the names of

 

the claimants appearing in such the notices.


     Enacting section 1. Section 9 of 1945 PA 200, MCL 565.109, is

 

repealed.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.