Michigan’s Marketable Record Title Act, 1945 PA 200 (the “MRTA”), MCL 565.101 et seq., establishes guidelines across the State of Michigan for clearing old, or stale, claims from real property titles. The MRTA eliminates certain property rights and interests, such as older covenants, deed restrictions, and several different types of easements, by letting them expire under certain circumstances after a forty-year period (twenty years for mineral rights) unless a notice of claim is recorded to preserve the interest. As amended by Governor Whitmer signing House Bill 4524 of 2025 into law, the MRTA’s deadline for preserving property rights and interests governed by the MRTA framework has been extended from September 29, 2025, to September 29, 2027, giving those landowners with non-mineral claims older than forty years more time to appropriately preserve their claims under the MRTA.

The purpose of the MRTA is to simplify and facilitate land title transactions by allowing title examiners or individuals dealing with the record title owner to rely on the record title covering a period of not more than forty years (or twenty years for mineral interests) prior to the date of such dealing. To accomplish this, the Act extinguishes all claims that affect or may affect the interest dealt with, where the existence of those claims arises out of or depends upon any act, transaction, event, or omission that occurred before the applicable lookback period, whether forty or twenty years prior, depending on the type of interest at issue.

Major Components of the MRTA

Under the MRTA, marketable title is held free and clear of any interests, claims, and charges that depend on events occurring before the forty-year period for non-mineral interests, and all such interests, claims, and charges are void and of no effect at law or in equity. This means that if you hold an easement, restrictive covenant, or other interest in property that was created more than forty years ago, your rights may be extinguished unless you or a predecessor filed a proper notice of claim to preserve the interest.

The MRTA includes important exceptions for types of easements and interests that will not be extinguished. An easement or interest in the nature of an easement will not be barred or extinguished if its existence is clearly observable by physical evidence of its use. Additionally, utility and infrastructure easements are protected, including easements for the operation, construction, maintenance, improvement, removal, replacement, or protection of a pipe, valve, road, wire, cable, conduit, duct, sewer, track, pole, tower, driveways, trailways, drains, substations, electric generation facilities, energy storage facilities or other energy facilities, stormwater or drainage facilities, and utility facilities, whether or not the existence of the facility is observable. Conservation easements and flowage rights for federally licensed hydroelectric facilities are also protected.

The MRTA also will not bar or extinguish land restrictions that are part of a declaration or plat recorded after 1950, or restrictions and easements in a recorded master deed for a condominium.

Preservation of Interests Under the MRTA

An interest or claim that would otherwise be extinguished under the MRTA may be preserved by filing a notice of claim that is verified by oath and describes the nature of the claim or interest. The notice of claim must contain the following information: the claimant’s name and mailing address; the interest claimed to be preserved; the liber and page or other county-assigned unique identifying number of the instrument creating the interest; an accurate and full legal description of the real property affected, set forth in particular terms and not by general inclusions; the claimant’s signature with proper acknowledgment; the drafter’s name and address; and an address for document return. The notice must also include the name and mailing address of all owners of the land claimed to be affected, as identified on the tax records as of the date of recording. The failure to include the specific recording information for the property in a notice of claim renders the recording ineffective and the claim unpreserved.

The MRTA allows a claimant, a property owners’ association, or any other person acting on behalf of a claimant as an agent or as authorized in writing, to file a notice of claim. A notice may also be filed on behalf of any claimant who is under a disability, unable to assert a claim on the claimant’s own behalf, or is one of a class whose identity cannot be established or is uncertain. A disability or lack of knowledge of any kind on the part of anyone does not suspend the running of the applicable time period. The MRTA also includes a safe harbor allowing instruments that convey land or warrant title to land to do so subject to an interest without creating, preserving, or continuing that interest, as long as certain language is added to the conveyance document.

Conclusion

Overall, the MRTA provides clarity and certainty for real estate transactions while requiring property interest holders to take affirmative steps to preserve their rights. Individuals with long-standing property claims would be wise to reach out to trusted real estate counsel to review their title histories and determine if a notice of claim needs to be filed before the September 29, 2027 deadline to stay compliant with the MRTA. For property buyers, the MRTA provides valuable protection by limiting the period of title search and extinguishing stale claims, though buyers should still conduct thorough due diligence, as certain interests survive the Act.

If you should find yourself in need of trusted real estate counsel, please consider reaching out to our professionals at Kuhn Rogers PLC. We have various attorneys on our team that can help property owners and buyers navigate the MRTA’s guidelines and ensure protection of their interests.

NOTE: This article is for informational purposes only and should not be construed as legal advice. For advice regarding your specific situation, please consult with a qualified attorney.