MichiganHB 45242025-2026 Regular SessionHouseWALLET

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)

Became Law

Property: recording

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 0 costs, 4 mixed.

Key property rights that survive

Many rights are not wiped out by these clocks. Mortgages last until the due date; observable and recorded easements and related utility facilities survive. Protective covenants, conservation easements, some environmental or utility resource restrictions, remainders after life estates, and recorded condo master deeds remain. Leases, government rights, and oil and gas interests and leases are also preserved. Declarations recorded on or after January 1, 1950 continue as recorded.

Time limits clear old property claims

Beginning September 29, 2025, the law uses two clocks: 20 years for mineral interests and 40 years for other interests. If your chain of title is unbroken for that time, you have marketable record title. Older interests are void unless a proper notice was recorded during that period or by September 29, 2027. Interests recorded on or before September 29, 2025, excepted rights, and land in hostile possession are not cleared by this rule.

How to preserve an old claim

You can preserve an older claim by recording a notice in the county where the land is. A claimant, an authorized agent, a property owners’ association, or someone acting for an incapacitated or uncertain‑identity claimant may file. The notice must list the claimant’s name and address, the interest claimed, a full legal description, owner names and mailing addresses from the last tax roll, your signature, and a Michigan notary; for non‑minerals, add the liber and page or county ID of the creating instrument. Counties record and index these like deeds and may charge the same recording fees.

Tighter rules for recorded claims

After March 28, 2019, a document can divest an interest only if it clearly says so and cites the earlier record by liber and page or county ID; a generic “subject to easements and restrictions of record” clause does not preserve anything. Boilerplate that lists interests only to limit the deed’s warranty is not a notice of claim and does not create or preserve rights. Interests that were void before March 29, 2019, or that expired by their own terms, cannot be revived by filing. Filing just to slander title is banned; courts must award the owner costs, attorney fees, and damages. The law also defines who can be a claimant and says “mineral interest” does not include oil or gas, sand, gravel, limestone, clay, or marl.

Claim clocks do not pause

The 20‑ and 40‑year clocks do not pause for disability or lack of knowledge. For homestead claims, the clock starts on the date the instrument that creates the claim was recorded.

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

    9/25/2025House
  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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