HB 4524 — 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.

HB-4524, As Passed Senate,House, September 25,4, 2025 SUBSTITUTE FOR HOUSE BILL NO.

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 the title and sections 1, 1a, 2, 3, 4, 5, 6, and 8 (MCL 565.101, 565.101a, 565.102, 565.103, 565.104, 565.105, 565.106, and 565.108), sections 1 and 3 as amended by 2024 PA 20, section 1a as added and section 6 as amended by 1997 PA 154, sections 2 and 5 as amended by 2018 PA 572, and section 4 as amended by 2022 PA 235, THS H03001'25 (H-1)_HB4524_APS_1(H-1)_HB4524_APH_1 zvia18hu6asy and by adding section 5a.

However, a person is not considered to have a marketable record title under this act if the land in which the THS H03001'25 (H-1)_HB4524_APS_1(H-1)_HB4524_APH_1 zvia18hu6asy interest exists is in the hostile possession of another.

(1) A person is considered to have an unbroken chain of title to an interest in land as provided in section 1 if the THS H03001'25 (H-1)_HB4524_APS_1(H-1)_HB4524_APH_1 zvia18hu6asy official public records disclose office of the register of deeds of the county in which the land is located discloses either of the following:

THS H03001'25 (H-1)_HB4524_APS_1(H-1)_HB4524_APH_1 zvia18hu6asy (3) (2) For purposes of this section, unless preserved under section 3 or excepted under section 4 and except as to mineral interests, a conveyance or other title transaction in the chain of title purports to divest an interest in the property land only if it creates does either of the following:

However, unless the interest is excepted under section 4, an interest, claim, or charge that became void and of no effect under this subsection before March 29, 2019 or that expires THS H03001'25 (H-1)_HB4524_APS_1(H-1)_HB4524_APH_1 zvia18hu6asy or terminates based on its own terms is not effective and is not preserved by recording a notice of claim under this subsection.

THS H03001'25 (H-1)_HB4524_APS_1(H-1)_HB4524_APH_1 zvia18hu6asy Sec.

(i) The operation, installation, construction, maintenance, improvement, repair, removal, replacement, or protection of a pipe, driveway, trailway, valve, road, wire, cable, conduit, duct, sewer, drain, track, substation, pole, tower, or electric generation facility, energy storage facility or other energy facility, stormwater or drainage facility, utility facility, or any other physical facility, whether or not the existence of the facility is THS H03001'25 (H-1)_HB4524_APS_1(H-1)_HB4524_APH_1 zvia18hu6asy observable.

THS H03001'25 (H-1)_HB4524_APS_1(H-1)_HB4524_APH_1 zvia18hu6asy (f) Bar or extinguish the rights of any remainderman on the expiration of any life estate or trust.

(1) To be effective and to be entitled to record, a notice of claim under section 3 must contain an accurate and full description of all the land affected by the notice , which and the description must be set forth in particular terms and not by THS H03001'25 (H-1)_HB4524_APS_1(H-1)_HB4524_APH_1 zvia18hu6asy general inclusions.

For purposes of this subdivision, the names and mailing addresses of persons in whose names the land is assessed on the last completed tax assessment roll of the county in which the land is located at the THS H03001'25 (H-1)_HB4524_APS_1(H-1)_HB4524_APH_1 zvia18hu6asy time of recording are the owners of the land.

THS H03001'25 (H-1)_HB4524_APS_1(H-1)_HB4524_APH_1 zvia18hu6asy COUNTY OF ________________) This instrument was acknowledged before me on ___20__, by <<Claimant>> ___________________________________________________________________ ____________________________________________________, Notary Public ___________________________________________________County, Michigan My Commission expires:____________ Acting in ________ County, Michigan Drafted by:

(1) An instrument that conveys land or warrants title to land subject to an interest, claim, or charge or an instrument THS H03001'25 (H-1)_HB4524_APS_1(H-1)_HB4524_APH_1 zvia18hu6asy that encumbers land or warrants title to land subject to an interest, claim, or charge is not an effective notice of claim of an interest, claim, or charge for purposes of section 2 or 3 if the instrument states that the reference to the interest, claim, or charge is for the sole purpose of limiting the warranty in the instrument and does not create, preserve, or continue the interest, claim, or charge under this act.

This act shall must be construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons dealing with the record title THS H03001'25 (H-1)_HB4524_APS_1(H-1)_HB4524_APH_1 zvia18hu6asy owner, as defined in this act, to rely on the record title covering a period of not more than 20 years for mineral interests and 40 years for other interests prior to before the date of such dealing and to that end purpose, to extinguish all claims that affect or may affect the interest dealt with, subject to the exception under section 3 for interests that may be preserved and kept effective by recording not later than 2 years after the effective date of the amendatory act that added section 5a or the exceptions under section 4, the existence of which claims arises out of or depends upon on any act, transaction, event, or omission antedating the 20- year period for mineral interests and the 40-year period for other interests, unless within the 20-year period for mineral interests or the 40-year period for other interests a notice of claim as provided in section 3 has been filed for record.

, and in In any action brought for the purpose of quieting title to land, if the court shall find finds that any person has filed a claim for that reason only, he THS H03001'25 (H-1)_HB4524_APS_1(H-1)_HB4524_APH_1 zvia18hu6asy solely for the purpose of slandering the title to land, the court shall award the plaintiff all the costs of such the action, including such attorney fees as the court may allow, to the plaintiff, and in addition, the court shall decree that order the defendant asserting such the claim shall to pay to the plaintiff all damages that the plaintiff may have sustained as the result of such the recording of the notice of claim.

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