Michigan House Bill HB5029

Michigan 2023-2024 Regular Session

• Introduced: 9/20/23
• Refer: 9/20/23

Caption

Property: use restrictions or covenants; covenants recorded by the state housing development authority; exempt from the marketable record act. Amends sec. 4 of 1945 PA 200 (MCL 565.104). TIE BAR WITH: HB 5033'23

Impact

The enactment of HB5029 would not only amend existing laws but also help in reinforcing various property rights that have been at the center of legal disputes. Specifically, the bill clarifies that certain easements, including those observable by physical evidence or as per recorded instruments, will maintain their validity despite a failure to file requisite notices within stipulated time frames. This exception aims to bolster property owners' confidence in their rights and obligations while managing land, helping mitigate potential conflicts associated with property claims.

Summary

House Bill 5029 is an amendment to 1945 PA 200, which defines marketable record titles concerning land interests and the requisite procedures for filing claims. The bill aims to clarify exemptions within this framework, particularly regarding covenants recorded by the state housing development authority. Central to this legislation is the attempt to streamline and specify which property interests are protected from being invalidated under the marketable record title act. By adding detailed exceptions to the rules, the bill seeks to enhance the rights and interests of involved parties in real estate transactions.

Contention

Despite its intent to clarify existing laws, the bill may face discussions around the balance of property rights and the extent to which covenants, especially regarding environmental regulations, remain protected. Stakeholders might express concerns about the implications of easing restrictions on property claims which may inadvertently affect community interests or environmental safeguards. Additionally, the practical aspects of implementing these amendments, including how they interact with other legislative measures, could become focal points during legislative debates.