Without notice to preserve your interests, real property owners in Michigan may find their rights extinguished and titles lost simply by the passage of time. Public Act 572 of 2018 amends the Michigan Marketable Record Title Act and failure to heed its new requirements impacts interests in land throughout the state.
The act affects the lot owners (or association) of every lot in an aging subdivision, the unit owners (or association) of every aging condominium, grantors that conveyed property subject to restrictive covenants, owners of property that benefit from certain appurtenant easements that are not observable by physical inspection of the servient estate, holders of certain easements in gross, and the owners of every plot of unoccupied land who have owned such property for nearly 40 years.
Unless landowners record a “notice” to preserve their interests, their rights and title may be lost. To learn more, practitioners should watch for our attorney John Bartley’s article in the August 2019 edition of Michigan Real Property Review, published by the Michigan Real Property Section of the State Bar of Michigan.