MichiganHB 45242025-2026 Regular SessionHouse

Property: recording; marketable record title act; revise. Amends title & secs. 1, 1a, 2, 3, 4, 5, 6 & 8 of 1945 PA 200 (MCL 565.101 et seq.) & adds sec. 5a. Last Action: assigned PA 13'25 with immediate effect

Sponsored By: Douglas Wozniak (Republican)

Signed by Governor

Property: recording

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 4 benefits, 0 costs, 3 mixed.

Access rights and environmental safeguards survive

The law does not erase clearly observable easements, which give someone rights to use another person’s land. Specified rights granted, excepted, or reserved in recorded documents remain protected even when not visible. These include driveways, trails, drains, substations, power generation, energy storage, stormwater facilities, and related installation or repair rights. Recorded restrictions protecting health or safety from environmental conditions and qualifying conservation easements also remain protected. Environmental restrictions recorded by utilities or independent transmission companies are protected when the company held a property interest when recording them.

Condo and future ownership rights survive

The law protects rights to receive property when a life estate or trust ends. It also protects qualifying interests created by declarations, agreements, or other documents signed and recorded on or after January 1, 1950. Interests created by recorded condominium master deeds and recorded amendments remain protected from the law’s title-clearing rules.

Discriminatory land restrictions gain no protection

The law cannot create, preserve, or continue unlawful discriminatory land restrictions. This covers restrictions based on race, color, religion, sex, disability, family status, or national origin.

Public land rights remain protected

The title-clearing law does not affect land rights held by the United States or Michigan. This protection includes Michigan departments, commissions, agencies, authorities, and local government units. Lake level assessment districts and drainage districts also keep their land rights.

More people can protect land claims

Claimants, their agents or people authorized in writing, and property owners’ associations can record notices to preserve land rights. Another person can act for claimants who are disabled, unable to act, or members of a group with uncertain identities. One complete notice also protects people whose rights come from the same recorded document. Notices must include every affected owner’s name and mailing address from the county’s last completed tax assessment roll. They also need the claimant’s details, claimed interest, original document’s recording reference, land description, notarized signature, and drafter and return addresses. Notices go to the county register of deeds, which can charge the same recording fee as for a deed.

Older land claims face filing deadlines

In Michigan, an unbroken recorded title generally clears older claims after 20 years for mineral interests or 40 years for other interests. The mineral rule covers interests held separately from surface ownership, excluding oil, gas, sand, gravel, limestone, clay, and marl. Claim holders can preserve eligible rights by recording a complete notice within the applicable period. Eligible claims also have a preservation window lasting 2 years after the law adding that window took effect. This cannot revive claims already void before March 29, 2019, or claims that ended under their own terms. Statutory exceptions protect some interests, but disability or lack of knowledge does not pause these deadlines.

Vague deed language cannot preserve claims

For documents recorded after March 28, 2019, a general reference to recorded easements or restrictions does not preserve them. The document must identify the earlier record by its recording book and page or another county-assigned identifying number. References made only to limit a title warranty also do not create, preserve, or continue land claims. These rules clarify title records for owners and buyers but limit how claim holders can preserve rights.

Sponsors & Cosponsors

Sponsor

  • Douglas Wozniak

    Republican • House

Cosponsors

  • Kelly Breen

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 140 • No: 0

Senate vote • 9/25/2025

PASSED; GIVEN IMMEDIATE EFFECT

Yes: 35 • No: 0 • Other: 2

House vote • 9/4/2025

passed; given immediate effect

Yes: 105 • No: 0 • Other: 5

Actions Timeline

  1. assigned PA 13'25 with immediate effect

    9/30/2025House
  2. filed with Secretary of State 09/29/2025 08:22 PM

    9/30/2025House
  3. approved by the Governor 09/29/2025 06:00 PM

    9/30/2025House
  4. presented to the Governor 09/26/2025 02:58 PM

    9/29/2025House
  5. bill ordered enrolled

    9/25/2025House
  6. returned from Senate without amendment with immediate effect

    9/25/2025House
  7. RETURNED TO HOUSE

    9/25/2025Senate
  8. PASSED; GIVEN IMMEDIATE EFFECT ROLL CALL # 233 YEAS 35 NAYS 0 EXCUSED 0 NOT VOTING 2

    9/25/2025Senate
  9. PLACED ON ORDER OF THIRD READING

    9/18/2025Senate
  10. REPORTED BY COMMITTEE OF THE WHOLE FAVORABLY WITHOUT AMENDMENT(S)

    9/18/2025Senate
  11. RULES SUSPENDED FOR IMMEDIATE CONSIDERATION

    9/18/2025Senate
  12. REFERRED TO COMMITTEE OF THE WHOLE

    9/18/2025Senate
  13. REPORTED FAVORABLY WITHOUT AMENDMENT 9/18/2025

    9/18/2025Senate
  14. REFERRED TO COMMITTEE ON REGULATORY AFFAIRS

    9/9/2025Senate
  15. PASSED BY HOUSE WITH IMMEDIATE EFFECT

    9/9/2025House
  16. transmitted

    9/4/2025House
  17. passed; given immediate effect Roll Call #194 Yeas 105 Nays 0 Excused 0 Not Voting 5

    9/4/2025House
  18. read a third time

    9/4/2025House
  19. placed on immediate passage

    9/4/2025House
  20. placed on third reading

    9/4/2025House
  21. substitute (H-1) adopted

    9/4/2025House
  22. read a second time

    9/4/2025House
  23. referred to second reading

    6/25/2025House
  24. reported with recommendation with substitute (H-1)

    6/25/2025House
  25. bill electronically reproduced 05/22/2025

    6/3/2025House

Bill Text

  • Public Act

    9/29/2025

  • As Passed by the Senate

    9/25/2025

  • House Concurred

    9/25/2025

  • As Passed by the House

    9/4/2025

  • Introduced

    5/22/2025

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