Michigan House Bill HB4987

Michigan 2023-2024 Regular Session

• Introduced: 9/14/23
• Refer: 9/14/23

Caption

Property: recording; marketable record title act; revise. Amends title & secs. 1, 1a, 2, 3, 4, 5 & 8 of 1945 PA 200 (MCL 565.101 et seq.) & adds sec. 5a.

Impact

The changes proposed by HB 4987 could have substantial effects on existing state laws regarding property claims. By establishing clearer guidelines on the duration of claims, the bill aims to reduce litigation resulting from unresolved interests in land. This can help expedite land transfers and ensure more secure and reliable ownership for individuals and businesses, fostering confidence in real estate transactions within the state. Additionally, the requirement for detailed notices of claims could encourage better documentation practices among property owners.

Summary

House Bill 4987 is a legislative proposal aimed at amending the 1945 PA 200 which defines a marketable record title to land interests. The bill stipulates that individuals with an unbroken chain of title for 20 years regarding mineral interests and 40 years for other interests will be deemed to have a marketable record title, thus simplifying property ownership verification. The proposed amendments also include provisions that any claims not formally recorded within designated periods are rendered invalid, which could streamline property transactions and disputes significantly.

Contention

However, there may be points of contention regarding how these changes affect individuals with historical claims to land that may not have adequate documentation. Opponents of the bill might argue that the amendments could unfairly disadvantage parties who have legitimate interests in properties but fail to meet the new filing criteria. Furthermore, the potential for misuse of the defined process to slander titles could lead to additional legal challenges, raising concerns about protecting rightful owners against malicious actions.