On December 28, 2018, the Governor of Michigan signed in to law Public Act 572 of 2018, which repeals parts of the Marketable Record Title Act.
The effective date for these changes is March 29, 2019.
Changes to the Marketable Record Title Act
To preserve a restriction (referred to as a “divestment”) past the limitations imposed by the Marketable Record Title Act (more than 40 years ago or 20 years ago for mineral interests), Public Act 572 requires a party to record an instrument which purports to preserve the restriction, and which meets the requirements of Section 5.
The requirements of Section 5 are many, but include items like the liber and page of the recorded instrument that created the restriction, the claimant’s mailing address and signature, interest claimed to be preserved, and the legal description.
The goal of the amendment is to remove the argument that simply referencing in a deed that the conveyance is subject to “easements and restrictions of record if any” restarts the clock on the 40-year limitation on the restriction.
The complete Act can be viewed here.