Current through Public Act 171 of the 2024 Legislative Session
Section 565.103 - Marketable record title; successors in interest; notice of claims; filing for record(1) Marketable title is held by a person and is taken by the person's successors in interest free and clear of any and all interests, claims, and charges the existence of which depends in whole or in part on any act, transaction, event, or omission that occurred before the 20-year period for mineral interests, and the 40-year period for other interests, and all such interests, claims, and charges are void and of no effect at law or in equity. However, an interest, claim, or charge may be preserved and kept effective by filing for record on or before September 29, 2025 or during the 20-year period for mineral interests and the 40-year period for other interests, a notice in writing, verified by oath, setting forth the nature of the claim in the manner required by section 5.(2) A disability or lack of knowledge of any kind on the part of anyone does not suspend the running of the 20-year period for mineral interests or the 40-year period for other interests.(3) For the purpose of recording notices of claim for homestead interests, the date from which the 20-year period for mineral interests and the 40-year period for other interests run is the date of recording of the instrument that contains the basis for the claim.(4) A notice under this section may be filed for record by the claimant or by any other person acting on behalf of any claimant if 1 or more of the following conditions exist:(a) The claimant is under a disability.(b) The claimant is unable to assert a claim on the claimant's own behalf.(c) The claimant is 1 of a class but whose identity cannot be established or is uncertain at the time of filing the notice of claim for record. This act is ordered to take immediate effect.
Amended by 2024, Act 20,s 2, eff. 3/28/2024.Amended by 2020, Act 294,s 1, eff. 12/29/2020.Amended by 2018, Act 572,s 3, eff. 3/29/2019.1945, Act 200, Eff. 9/6/1945 ;--CL 1948, 565.103 ;--Am. 1997, Act 154, Imd. Eff. 12/22/1997.