Bill Text: MI HB5260 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Property; recording; marketable record title act; exempt certain instruments relating to condominiums. Amends sec. 4 of 1945 PA 200 (MCL 565.104).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-06-02 - Referred To Committee On Ways And Means [HB5260 Detail]
Download: Michigan-2019-HB5260-Introduced.html
HOUSE BILL NO. 5260
November 13, 2019, Introduced by Rep. Paquette
and referred to the Committee on Local Government and Municipal Finance.
A bill to amend 1945 PA 200, entitled
"An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof,"
by amending section 4 (MCL 565.104), as amended by 2018 PA 572.
the people of the state of michigan enact:
Sec. 4. (1) This act must not be applied to do any of
the following:
(a) Bar a lessor or his
or her successor as reversioner of his or her right to possession on the
expiration of a lease or a lessee or his or her successor of his or her rights
in and to a lease.
(b) Bar any interest of a
mortgagor or a mortgagee or interest in the nature of that of a mortgagor or
mortgagee until after the instrument under which the interest is claimed has
become due and payable, except if the instrument has no due date expressed, if
the instrument has been executed by a railroad, railroad bridge, tunnel, or union
depot company, or a public utility or public service company.
(c) Bar or extinguish an
easement or interest in the nature of an easement, the existence of which is
clearly observable by physical evidences of its use.
(d) Bar or extinguish an
easement or interest in the nature of an easement, or any rights appurtenant to
the easement or interest granted, excepted, or reserved by a recorded
instrument creating that creates the easement or interest,
including any rights for future use, if the existence of the easement or
interest is evidenced by the location beneath, on, or above any part of the
land described in the instrument of a pipe, valve, road, wire, cable, conduit,
duct, sewer, track, pole, tower, or other physical facility and whether or not
the existence of the facility is observable, by reason of failure to file the
notice required by this act.
(e)
Bar the enforcement of any provision contained in or referred to in a recorded
master deed for a condominium and its recorded amendments.
(2) This act does not
affect any right, title, or interest in land owned by the United States, or any
right, title, or interest in any land owned by this state, or by any
department, commission, or political subdivision. thereof.
(3) This act does not affect any oil and gas lease, or other interest in oil or gas, owned by a person other than the owner of the surface, or any storage agreement or other interest in subsurface storage formations owned by a person other than the owner of the surface.
