reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49) › R-S-1846-565-1-65 - Chapter 65 Chapter 65. of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages. (565.1...565.49) › Section 565.36 - Power of Attorney to Convey Lands; Inapplicability of Preceding Section; Executory Land Contract; Recording; Recording as Evidence.

565.36 Power of attorney to convey lands; inapplicability of preceding section; executory land contract; recording; recording as evidence.
Sec. 36.
The preceding section shall not be construed to extend to a letter of attorney, or other instrument containing a power to convey lands as agent or attorney for the owner of such lands; but every such letter or instrument, and every executory contract for the sale or purchase of lands, when acknowledged or proved in the manner prescribed in this chapter, may be recorded in the registry of deeds of any county in which the lands to which such power or contract relates, may be situated; and when so acknowledged or proved, and the record thereof when recorded, or a transcript of such record duly certified, may be read in evidence in the same manner, and with the like effect, as a conveyance recorded in such county.
History:
R.S. 1846, Ch. 65 ;-- CL 1857, 2755 ;-- CL 1871, 4238 ;-- How. 5690 ;-- CL 1897, 8995 ;-- CL 1915, 11727 ;-- CL 1929, 13310 ;-- CL 1948, 565.36
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49) › R-S-1846-565-1-65 - Chapter 65 Chapter 65. of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages. (565.1...565.49) › Section 565.37 - Power of Attorney to Convey Lands; Recording of Revocation.

565.37 Power of attorney to convey lands; recording of revocation.
Sec. 37.
No letter of attorney or other instrument so recorded, shall be deemed to be revoked by any act of the party by whom it was executed, unless the instrument containing such revocation be also recorded in the same office in which the instrument containing the power was recorded.
History:
R.S. 1846, Ch. 65 ;-- CL 1857, 2756 ;-- CL 1871, 4239 ;-- How. 5692 ;-- CL 1897, 8998 ;-- CL 1915, 11730 ;-- CL 1929, 13311 ;-- CL 1948, 565.37
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49) › R-S-1846-565-1-65 - Chapter 65 Chapter 65. of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages. (565.1...565.49) › Section 565.38 - New County; Transcription of Instruments; Effect, Compensation of Register.

565.38 New county; transcription of instruments; effect, compensation of register.
Sec. 38.
When a new county shall be organized, in whole or in part from an organized county, or from territory attached to such organized county for judicial purposes, all the records of deeds and other instruments relating to real estate in such new county, may be transcribed into the proper books by the register of deeds of such new county; which records so transcribed, shall have the same effect in all respects as original records, and the register shall be paid for transcribing the same, such sum as the board of supervisors of his county may deem just and reasonable.
History:
R.S. 1846, Ch. 65 ;-- CL 1857, 2757 ;-- CL 1871, 4240 ;-- How. 5693 ;-- CL 1897, 8999 ;-- CL 1915, 11731 ;-- CL 1929, 13312 ;-- CL 1948, 565.38
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49) › R-S-1846-565-1-65 - Chapter 65 Chapter 65. of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages. (565.1...565.49) › Section 565.39 - Device Used as Seal; Effect; Application to Official Seals.

565.39 Device used as seal; effect; application to official seals.
Sec. 39.
A scroll or device used as a seal upon any deed of conveyance or other instrument whatever, whether intended to be recorded or not, shall have the same force and effect as a seal attached thereto, or impressed thereon, but this section shall not be construed to apply to such official seals as are or may be provided for by law.
History:
R.S. 1846, Ch. 65 ;-- CL 1857, 2758 ;-- CL 1871, 4241 ;-- How. 5699 ;-- CL 1897, 9005 ;-- CL 1915, 11740 ;-- CL 1929, 13313 ;-- CL 1948, 565.39
Former Law:
Act of Oct. 23, 1822, Terr. Laws, vol. 1, p. 272, contains similar provisions. The act of June 10, 1828, provided that “any instrument to which the person making the same shall affix any device by way of seal, shall be adjudged and held to be of the same force and obligations as if it were actually sealed.” And that “all instruments executed since the thirty-first day of December, 1827, to which the person or persons executing the same may have affixed any device by way of seal, shall be adjudged and held of the same force and obligation as if the same were actually sealed.” Laws of 1828, p. 29; Revision of 1833, p. 516; Terr. Laws, vol. 2, p. 667; Starkweather v. Martin, 28 Mich. 479. A similar provision has been in force ever since. R.S. 1838, p. 438, 439; Sec. 8, Act 108 of 1840. Until the R.S. of 1846 (p. 487, Sec. 49), there was no statutory provision dispensing with the necessity of a seal, or a substitute therefor, to a conveyance of lands.
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49) › R-S-1846-565-1-65 - Chapter 65 Chapter 65. of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages. (565.1...565.49) › Section 565.40 - Prior Legal Conveyances; Effect as Evidence, Recording; Conveyance Under Unacknowledged Contract, Record as Evidence.

565.40 Prior legal conveyances; effect as evidence, recording; conveyance under unacknowledged contract, record as evidence.
Sec. 40.
All conveyances of real estate heretofore made and acknowledged or proved, in accordance with the laws of this state, in force at the time of such making and acknowledgment or proof, shall have the same force as evidence, and be recorded in the same manner, and with the like effect, as conveyances executed and acknowledged in pursuance of the provisions of this chapter. And where any conveyance, with an unacknowledged contract in writing attached, annexed or appended thereto, and referred to in the body of such conveyance as being thereto attached, appended or annexed, has been heretofore recorded, or that may be hereafter recorded; the record, or a transcript of the record of such conveyance and contract, certified by the register in whose office the same may have been recorded, may be read in evidence in any court within this state without further proof thereof; but the effect of such evidence may be rebutted by other competent testimony.
History:
R.S. 1846, Ch. 65 ;-- CL 1857, 2759 ;-- CL 1871, 4242 ;-- How. 5700 ;-- Am. 1889, Act 101, Eff. Oct. 2, 1889 ;-- CL 1897, 9006 ;-- CL 1915, 11741 ;-- CL 1929, 13314 ;-- CL 1948, 565.40
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49) › R-S-1846-565-1-65 - Chapter 65 Chapter 65. of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages. (565.1...565.49) › Section 565.41 - Discharge of Mortgage; Payment of Filing Fee by Mortgagee; Date of Discharge.

565.41 Discharge of mortgage; payment of filing fee by mortgagee; date of discharge.
Sec. 41.
(1) Within the applicable time period in section 44(2) after a mortgage has been paid or otherwise satisfied, the mortgagee or the personal representative, successor, or assign of the mortgagee shall prepare a discharge of the mortgage, file the discharge with the register of deeds for the county where the mortgaged property is located, and pay the fee for recording the discharge.
(2) If a discharge of mortgage received by a register of deeds under subsection (1) is not recorded on the day it is received, the register of deeds shall place on or attach to the discharge, by means of a stamp, electronically, or otherwise, the date the discharge is received. The date placed on or attached to the discharge under this subsection is prima facie evidence of the date the discharge was filed with the register of deeds.
History:
Add. 1964, Act 110, Eff. Aug. 28, 1964 ;-- Am. 2004, Act 447, Imd. Eff. Dec. 27, 2004
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49) › R-S-1846-565-1-65 - Chapter 65 Chapter 65. of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages. (565.1...565.49) › Section 565.42 - Discharge of Mortgage; Certificate of Mortgagee; Circuit Court, or Register in Chancery.

565.42 Discharge of mortgage; certificate of mortgagee; circuit court, or register in chancery.
Sec. 42.
Any mortgage shall also be discharged upon the record thereof by the register of deeds, in whose custody it shall be, whenever there shall be presented to him a certificate executed by the mortgagee, his personal representative or assigns, acknowledged, approved and certified as in this chapter provided, to entitle conveyances or instruments in writing in any wise affecting the title to lands to be recorded, specifying that such mortgage has been paid, or otherwise satisfied or discharged; or upon the presentation to such register of deeds of the certificate of the circuit court, signed by the judge of said court, and under the seal thereof, certifying that it has been made to appear to said court that said mortgage has been duly paid, or upon the presentation to such register of deeds of a certificate of the register in chancery of the county and under the seal thereof certifying that a decree of foreclosure of any such mortgage has been duly entered in his office, and that the records in his office shows that such decree has been fully paid and satisfied.
History:
R.S. 1846, Ch. 65 ;-- CL 1857, 2761 ;-- Am. 1867, Act 102, Imd. Eff. Mar. 26, 1867 ;-- CL 1871, 4244 ;-- Am. 1875, Act 47, Eff. Aug. 3, 1875 ;-- How. 5702 ;-- CL 1897, 9008 ;-- CL 1915, 11743 ;-- CL 1929, 13316 ;-- CL 1948, 565.42
Compiler's Notes:
The register of chancery, referred to in this section, is now clerk of the circuit court. See MCL 600.571.
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49) › R-S-1846-565-1-65 - Chapter 65 Chapter 65. of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages. (565.1...565.49) › Section 565.43 - Discharge of Mortgage; Recording of Certificate; Reproduced Documents; Reference to Liber and Page Containing Certificate.

565.43 Discharge of mortgage; recording of certificate; reproduced documents; reference to liber and page containing certificate.
Sec. 43.
Every certificate described in section 42 of this chapter, and the proof or acknowledgment of the certificate, shall be recorded at full length, and a reference shall be made to the liber and page, or other unique identifying number, containing the certificate, in the minutes of the discharge of the mortgage made by the register upon the mortgage. If the register of deeds is authorized by the board of commissioners to reproduce deeds, mortgages, maps, instruments, or writings, as provided in section 2 of 1964 PA 105, MCL 691.1102, and the mortgage does not exist in a hard copy medium, it is not necessary for him or her to make reference to the liber and page containing the certificate on the liber and page containing the mortgage. Instead, reference to the liber and page containing the certificate shall be made in the index to the permanent index of mortgages.
History:
R.S. 1846, Ch. 65 ;-- CL 1857, 2762 ;-- CL 1871, 4245 ;-- How. 5703 ;-- CL 1897, 9009 ;-- CL 1915, 11744 ;-- CL 1929, 13317 ;-- CL 1948, 565.43 ;-- Am. 1959, Act 22, Imd. Eff. Apr. 30, 1959 ;-- Am. 1992, Act 212, Imd. Eff. Oct. 5, 1992 ;-- Am. 2008, Act 358, Imd. Eff. Dec. 23, 2008
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49) › R-S-1846-565-1-65 - Chapter 65 Chapter 65. of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages. (565.1...565.49) › Section 565.44 - Discharge of Mortgage; Refusal; Civil Liability; Penalty; Time Periods.

565.44 Discharge of mortgage; refusal; civil liability; penalty; time periods.
Sec. 44.
(1) If a mortgagee or the personal representative or assignee of the mortgagee, after full performance of the condition of the mortgage, whether before or after a breach of the mortgage, or, if the mortgage is entirely due, after a tender of the whole amount due, within the applicable time period in subsection (2) after being requested and after tender of the mortgagee's reasonable charges, refuses or neglects to discharge the mortgage as provided in this chapter or to execute and acknowledge a certificate of discharge or release of the mortgage, the mortgagee is liable to the mortgagor or the mortgagor's heirs or assigns for $1,000.00 damages. The mortgagee is also liable for all actual damages caused by the neglect or refusal to the person who performs the condition of the mortgage or makes the tender to the mortgagee or the mortgagee's heirs or assigns, or to anyone who has an interest in the mortgaged premises. Damages under this section may be recovered in an action for money damages or to procure a discharge or release of the mortgage. The court may, in its discretion, award double costs in an action under this section.
(2) The discharge of mortgage, execution and acknowledgment of a certificate, or filing of a discharge of mortgage required by this section or section 41 shall be performed within whichever of the following time periods is applicable:
(a) For the first 2 years after the effective date of the amendatory act that added this subsection, 75 days.
(b) Beginning 2 years after the effective date of the amendatory act that added this subsection, 60 days.
History:
R.S. 1846, Ch. 65 ;-- CL 1857, 2763 ;-- Am. 1861, Act 13, Eff. June 15, 1861 ;-- CL 1871, 4246 ;-- How. 5704 ;-- CL 1897, 9010 ;-- CL 1915, 11745 ;-- CL 1929, 13318 ;-- CL 1948, 565.44 ;-- Am. 2004, Act 447, Imd. Eff. Dec. 27, 2004
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49) › R-S-1846-565-1-65 - Chapter 65 Chapter 65. of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages. (565.1...565.49) › Section 565.46 - Proof and Acknowledgment of Deeds; Application of Law to Instruments Affecting Lands.

565.46 Proof and acknowledgment of deeds; application of law to instruments affecting lands.
Sec. 46.
The preceding sections of this chapter to procure, enforce and obtain the proof and acknowledgment of deeds, shall be, and the same are hereby made applicable to all instruments in writing in any wise affecting the title to lands which are required or authorized to be acknowledged, or acknowledged and recorded.
History:
Add. 1867, Act 102, Imd. Eff. Mar. 26, 1867 ;-- CL 1871, 4248 ;-- How. 5706 ;-- CL 1897, 9012 ;-- CL 1915, 11747 ;-- CL 1929, 13319 ;-- CL 1948, 565.46
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49) › R-S-1846-565-1-65 - Chapter 65 Chapter 65. of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages. (565.1...565.49) › Section 565.47 - Recording by Register of Deeds; Acknowledgment Required.

565.47 Recording by register of deeds; acknowledgment required.
Sec. 47.
A deed, mortgage, or other instrument in writing that by law is required to be acknowledged affecting the title to lands, or any interest therein, shall not be recorded by the register of deeds of any county unless the deed, mortgage, or other instrument is acknowledged or proved as provided by this chapter.
History:
Add. 1867, Act 102, Imd. Eff. Mar. 26, 1867 ;-- CL 1871, 4249 ;-- How. 5707 ;-- CL 1897, 9013 ;-- CL 1915, 11748 ;-- CL 1929, 13320 ;-- CL 1948, 565.47 ;-- Am. 2002, Act 23, Imd. Eff. Mar. 4, 2002
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49) › R-S-1846-565-1-65 - Chapter 65 Chapter 65. of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages. (565.1...565.49) › Section 565.48 - Deed by Surviving Joint Tenant of Lands; Recording; Certified Copy of Death.

565.48 Deed by surviving joint tenant of lands; recording; certified copy of death.
Sec. 48.
A register of deeds shall not record a deed or other instrument in writing that purports to convey an interest in land by the survivor or survivors under a deed to joint tenants or tenants by the entirety, unless, for each joint tenant or tenant by the entirety who is indicated in the deed or instrument to be deceased, a certified copy of the death certificate or other proof of death that is permitted by the laws of this state to be received for record by the register, is shown to have been recorded in the register's office by liber and page reference or is filed concurrently with the deed or other instrument and recorded as a separate document.
History:
Add. 1947, Act 20, Eff. Oct. 11, 1947 ;-- CL 1948, 565.48 ;-- Am. 2018, Act 195, Eff. Sept. 18, 2018
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › R.S. of 1846 - Revised Statutes of 1846 (565.1 - 565.49) › R-S-1846-565-1-65 - Chapter 65 Chapter 65. of Alienation by Deed, and the Proof and Recording of Conveyances, and the Canceling of Mortgages. (565.1...565.49) › Section 565.49 - Conveyances; Same Person or Persons Among Grantors and Grantees; Joint Tenancy, Tenancy by Entireties.

565.49 Conveyances; same person or persons among grantors and grantees; joint tenancy, tenancy by entireties.
Sec. 49.
Conveyances in which the grantor or 1 or more of the grantors are named among the grantees therein shall have the same force and effect as they would have if the conveyance were made by a grantor or grantors who are not named among the grantees. Conveyances expressing an intent to create a joint tenancy or tenancy by the entireties in the grantor or grantors together with the grantee or grantees shall be effective to create the type of ownership indicated by the terms of the conveyance.
History:
Add. 1955, Act 3, Eff. Oct. 14, 1955
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 66 of 1956 - Oil and Gas Assignments (565.81 - 565.85) › Section 565.81 - Oil and Gas Assignment; Security for Indebtedness.

565.81 Oil and gas assignment; security for indebtedness.
Sec. 1.
Hereafter, in or in connection with any existing or future mortgage or deed of trust, it shall be lawful to assign in the mortgage or in a separate written instrument or instruments signed, sealed, acknowledged and proved in the same manner as deeds, all or any part of the oil and gas located in, on or under oil and gas properties, and all or any part of the rents and profits from oil and gas properties, and the income from the sale of oil and gas produced or to be produced from oil and gas properties, to the mortgagee or trustee named in the mortgage or deed of trust as security for the indebtedness secured by the mortgage or deed of trust.
History:
1956, Act 66, Eff. Aug. 11, 1956
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 66 of 1956 - Oil and Gas Assignments (565.81 - 565.85) › Section 565.82 - Oil and Gas Assignment; Time of Operation.

565.82 Oil and gas assignment; time of operation.
Sec. 2.
The assignment may contain provisions making it immediately operative, or operative only upon the happening of an event of default as described in the assignment or in the mortgage or deed of trust, or operative at such time as the mortgagee or trustee named in the mortgage or deed of trust may elect, and the assignment may contain further provisions to the effect that when it becomes operative the mortgagee or the trustee named in the mortgage or deed of trust thereupon shall be entitled to the present and full possession, receipt, use and right to the oil and gas, the rents, profits and income, and the oil and gas properties, as security and for application upon the indebtedness secured by the mortgage or deed of trust.
History:
1956, Act 66, Eff. Aug. 11, 1956
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 66 of 1956 - Oil and Gas Assignments (565.81 - 565.85) › Section 565.83 - Oil and Gas Assignment; Validity; Certified Copy; Service on Pipe Line Company.

565.83 Oil and gas assignment; validity; certified copy; service on pipe line company.
Sec. 3.
The assignment shall become and be and remain effective and a good and valid assignment as against all persons, including the mortgagor or those claiming under or through him, from and after the date of execution and delivery thereof, subject however, as in the case of conveyances of an interest in real estate, to the provisions of chapter 65 of the Revised Statutes of 1846, as amended, being sections 565.1 to 565.49, inclusive, of the Compiled Laws of 1948. The assignment shall not be effective as to pipe line companies or other purchasers taking delivery of oil and gas produced from the mortgaged oil and gas properties at the time of execution and delivery of the assignment, until an executed or certified copy thereof shall have been served personally or by registered mail on the pipe line company or other purchaser.
History:
1956, Act 66, Eff. Aug. 11, 1956
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 66 of 1956 - Oil and Gas Assignments (565.81 - 565.85) › Section 565.84 - Oil and Gas Assignment; Duration of Effectiveness.

565.84 Oil and gas assignment; duration of effectiveness.
Sec. 4.
The assignment shall become and be and remain in full force and effect until all of the indebtedness secured by the mortgage or deed of trust is fully paid, satisfied and discharged and the effectiveness in nowise shall be limited, suspended, revoked, or terminated by the occurrence of one or more events of default as described in the assignment or in the mortgage or deed of trust, or by reason of any step taken to foreclose the mortgage or deed of trust, by advertisement or by judicial proceedings, or during the period of redemption following a sheriff's or a judicial sale of the oil and gas properties.
History:
1956, Act 66, Eff. Aug. 11, 1956
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 66 of 1956 - Oil and Gas Assignments (565.81 - 565.85) › Section 565.85 - Oil and Gas Assignment; Definitions.

565.85 Oil and gas assignment; definitions.
Sec. 5.
The term "oil and gas" as used herein, shall include oil or gas, or both, and the term "oil and gas properties", as used herein, shall include all types of fee, royalty, leasehold and contract interests and rights, in whole or in part, in all or any part of one or more parcels of real property in this state from which oil and gas is being or may at any time be produced; and all types of royalty, leasehold and contract interests, in whole or in part, in all or any part of oil and gas in place, in production, in storage or in transit; and all types of contract rights to explore for, drill for, produce and transport oil and gas which involve for their creation or termination a conveyance or transfer of an interest in real estate in this state; and all combinations of one or more of the foregoing types of interests or rights.
History:
1956, Act 66, Eff. Aug. 11, 1956
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 200 of 1945 - Marketable Record Title (565.101 - 565.109) › Section 565.101 - Marketable Record Title.

565.101 Marketable record title.
Sec. 1.
Any person, that has the legal capacity to own land in this state, that has an unbroken chain of title of record to any interest in land for 20 years for mineral interests and 40 years for other interests, is at the end of the applicable period considered to have a marketable record title to that interest, subject only to claims to that interest and defects of title as are not extinguished or barred by application of this act and subject also to any interests and defects as are inherent in the provisions and limitations contained in the muniments of which the chain of record title is formed and that are recorded within 2 years after the effective date of the amendatory act that added section 2(2) or during the 20-year period for mineral interests and the 40-year period for other interests. However, a person is not considered to have a marketable record title by reason of this act if the land in which the interest exists is in the hostile possession of another.
History:
1945, Act 200, Eff. Sept. 6, 1945 ;-- CL 1948, 565.101 ;-- Am. 1997, Act 154, Imd. Eff. Dec. 22, 1997 ;-- Am. 2018, Act 572, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 200 of 1945 - Marketable Record Title (565.101 - 565.109) › Section 565.101a - “Mineral Interest” Defined.

565.101a “Mineral interest” defined.
Sec. 1a.
As used in this act, "mineral interest" means an interest in minerals in any land if the interest in minerals is owned by a person other than the owner of the surface of the land. Mineral interest does not include an interest in oil or gas or an interest in sand, gravel, limestone, clay, or marl.
History:
Add. 1997, Act 154, Imd. Eff. Dec. 22, 1997
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 200 of 1945 - Marketable Record Title (565.101 - 565.109) › Section 565.102 - Unbroken Chain of Title to Interest in Land; Conditions.

565.102 Unbroken chain of title to interest in land; conditions.
Sec. 2.
(1) A person is considered to have an unbroken chain of title to an interest in land as provided in section 1 if the official public records disclose either of the following:
(a) A conveyance or other title transaction not less than 20 years in the past for mineral interests and 40 years for other interests, which conveyance or other title transaction purports to create the interest in that person, with nothing appearing of record purporting to divest that person of the purported interest.
(b) A conveyance or other title transaction not less than 20 years in the past for mineral interests and 40 years for other interests, which conveyance or other title transaction purports to create the interest in some other person and other conveyances or title transactions of record by which the purported interest has become vested in the person first referred to in this section, with nothing appearing of record purporting to divest the person first referred to in this section of the purported interest.
(2) For purposes of this section, except as to mineral interests, a conveyance or other title transaction in the chain of title purports to divest an interest in the property only if it creates the divestment or if it specifically refers by liber and page or other county-assigned unique identifying number to a previously recorded conveyance or other title transaction that created the divestment.
History:
1945, Act 200, Eff. Sept. 6, 1945 ;-- CL 1948, 565.102 ;-- Am. 1997, Act 154, Imd. Eff. Dec. 22, 1997 ;-- Am. 2018, Act 572, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 200 of 1945 - Marketable Record Title (565.101 - 565.109) › Section 565.103 - Marketable Record Title; Successors in Interest; Notice of Claims; Filing for Record.

565.103 Marketable record title; successors in interest; notice of claims; filing for record.
Sec. 3.
(1) Marketable title is held by a person and is taken by his or her 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 within 5 years after March 29, 2019 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 his or her 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.
History:
1945, Act 200, Eff. Sept. 6, 1945 ;-- CL 1948, 565.103 ;-- Am. 1997, Act 154, Imd. Eff. Dec. 22, 1997 ;-- Am. 2018, Act 572, Eff. Mar. 29, 2019 ;-- Am. 2020, Act 294, Imd. Eff. Dec. 29, 2020
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 200 of 1945 - Marketable Record Title (565.101 - 565.109) › Section 565.105 - Notice of Claim to Contain Land Description; Requirements; Recording, Fees, Indexing.

565.105 Notice of claim to contain land description; requirements; recording, fees, indexing.
Sec. 5.
(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 description must be set forth in particular terms and not by general inclusions. However, except as to mineral interests, if the claim is founded on a recorded instrument, the notice must also state the liber and page or other county-assigned unique identifying number of the recorded instrument the claim is founded on. The failure to include the liber and page or other county-assigned unique identifying number renders the recording ineffective and the claim unpreserved. The notice must contain all of the following:
(a) The claimant's name.
(b) The claimant's mailing address.
(c) The interest claimed to be preserved.
(d) Except as to mineral interests, the liber and page or other unique identification number of the instrument creating the interest to be preserved.
(e) The legal description of the real property affected by the claimed interest.
(f) The claimant's signature.
(g) An acknowledgment in the form required by the uniform recognition of acknowledgments act, 1969 PA 57, MCL 565.261 to 565.270, and section 27 of the Michigan notary public act, 2003 PA 238, MCL 55.287.
(h) The drafter's name and address.
(i) An address to which the document can be returned.
(2) A notice of claim under section 3 must be filed for record in the register of deeds office of the county or counties where the land described in the notice is located. The register of deeds of each county shall accept all notices of claim under section 3 that are presented to the register of deeds that describe land located in the county in which the register of deeds serves and shall enter and record full copies of the notices in the same way that deeds and other instruments are recorded.
(3) A register of deeds is entitled to charge the same fees for the recording of a notice under section 3 as are charged for recording deeds. In indexing notices under section 3, a register of deeds shall enter the notices under the grantee indexes of deeds under the names of the claimants appearing in the notices.
History:
1945, Act 200, Eff. Sept. 6, 1945 ;-- Am. 1947, Act 117, Imd. Eff. May 22, 1947 ;-- CL 1948, 565.105 ;-- Am. 2018, Act 572, Eff. Mar. 29, 2019
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 200 of 1945 - Marketable Record Title (565.101 - 565.109) › Section 565.106 - Construction of Act; Purpose; Extinguishment of Claim.

565.106 Construction of act; purpose; extinguishment of claim.
Sec. 6.
This act shall be construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons dealing with the record title 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 the date of such dealing and to that end to extinguish all claims that affect or may affect the interest dealt with, the existence of which claims arises out of or depends upon 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. The claims extinguished by this act are any and all interests of any nature whatever, however denominated, and whether the claims are asserted by a person sui juris or under disability, whether the person is within or outside the state, and whether the person is natural or corporate, or private or governmental.
History:
1945, Act 200, Eff. Sept. 6, 1945 ;-- CL 1948, 565.106 ;-- Am. 1997, Act 154, Imd. Eff. Dec. 22, 1997
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 200 of 1945 - Marketable Record Title (565.101 - 565.109) › Section 565.107 - Limitations of Actions.

565.107 Limitations of actions.
Sec. 7.
Nothing contained in this act shall be construed to extend the periods for the bringing of an action or for the doing of any other required act under any existing statutes of limitation nor to affect the operation of any existing acts governing the effect of the recording or of the failure to record any instruments affecting land nor to affect the operation of Act No. 216 of the Public Acts of 1929 nor of Act No. 58 of the Public Acts of 1917 as amended by Act No. 105 of the Public Acts of 1939.
History:
1945, Act 200, Eff. Sept. 6, 1945 ;-- CL 1948, 565.107
Compiler's Notes:
For provisions of Act 216 of 1929, Act 58 of 1917, and Act 105 of 1939, referred to in this section, see MCL 565.381 et seq., MCL 558.81 et seq., and MCL 558.91 et seq., respectively.
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 200 of 1945 - Marketable Record Title (565.101 - 565.109) › Section 565.108 - Filing Slanderous Notices of Claims; Costs Awarded to Plaintiff.

565.108 Filing slanderous notices of claims; costs awarded to plaintiff.
Sec. 8.
No person shall use the privilege of filing notices hereunder for the purpose of slandering the title to land, and in any action brought for the purpose of quieting title to land, if the court shall find that any person has filed a claim for that reason only, he shall award the plaintiff all the costs of such action, including such attorney fees as the court may allow to the plaintiff, and in addition, shall decree that the defendant asserting such claim shall pay to plaintiff all damages that plaintiff may have sustained as the result of such notice of claim having been so filed for record.
History:
1945, Act 200, Eff. Sept. 6, 1945 ;-- CL 1948, 565.108
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 200 of 1945 - Marketable Record Title (565.101 - 565.109) › Section 565.109 - Repealed. 2018, Act 572, Eff. Mar. 29, 2019.

565.109 Repealed. 2018, Act 572, Eff. Mar. 29, 2019.
Compiler's Notes:
The repealed section pertained to claims not barred.
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 31 of 1947 - Discharge of Liens, Mortgages, and Other Claims in Land (565.131 - 565.132) › Section 565.131 - Discharge of Mortgages; Liens, Recorded Claims in Land by State Administrative Board.

565.131 Discharge of mortgages; liens, recorded claims in land by state administrative board.
Sec. 1.
The state administrative board is hereby authorized to discharge liens, mortgages and other claims of interest in land on record in favor of the state of Michigan, or any of its departments, boards, commissions, institutions or agencies, in which the state has no interest, and which are not authorized by law to be discharged by any other agency of the state. The state administrative board shall determine the interest of the state.
History:
1947, Act 31, Imd. Eff. Apr. 4, 1947 ;-- CL 1948, 565.131
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 31 of 1947 - Discharge of Liens, Mortgages, and Other Claims in Land (565.131 - 565.132) › Section 565.132 - Validation of Executed Discharges.

565.132 Validation of executed discharges.
Sec. 2.
Any such discharge heretofore executed by the state administrative board is hereby validated.
History:
1947, Act 31, Imd. Eff. Apr. 4, 1947 ;-- CL 1948, 565.132
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 187 of 1881 - Form of Deeds, Mortgages, and Acknowledgments (565.151 - 565.154) › Section 565.151 - Form; Warranty Deed.

565.151 Form; warranty deed.
Sec. 1.
That any conveyance of lands worded in substance as follows: "A.B. conveys and warrants to C.D. (here describe the premises) for the sum of (here insert the consideration)," the said conveyance being dated and duly signed, sealed and acknowledged by the grantor, shall be deemed and held to be a conveyance in fee simple to the grantee, his heirs and assigns, with covenant from the grantor for himself and his heirs and personal representatives, that he is lawfully seized of the premises, has good right to convey the same, and guarantees the quiet possession thereof; that the same are free from all incumbrances, and that he will warrant and defend the title to the same against all lawful claims.
History:
1881, Act 187, Eff. Sept. 10, 1881 ;-- How. 5728 ;-- CL 1897, 9014 ;-- CL 1915, 11749 ;-- CL 1929, 13321 ;-- CL 1948, 565.151
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 187 of 1881 - Form of Deeds, Mortgages, and Acknowledgments (565.151 - 565.154) › Section 565.152 - Form; Quit Claim Deed.

565.152 Form; quit claim deed.
Sec. 2.
Any conveyance of lands worded in substance as follows: "A.B. quit claims to C.D. (here describe the premises) for the sum of (here insert the consideration)," the said conveyance, being duly signed, sealed, and acknowledged by the grantor, shall be deemed to be a good and sufficient conveyance in quit claim to the grantee, his heirs, and assigns.
History:
1881, Act 187, Eff. Sept. 10, 1881 ;-- How. 5729 ;-- CL 1897, 9015 ;-- CL 1915, 11750 ;-- CL 1929, 13322 ;-- CL 1948, 565.152
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 187 of 1881 - Form of Deeds, Mortgages, and Acknowledgments (565.151 - 565.154) › Section 565.153 - Estates; Word of Creation.

565.153 Estates; word of creation.
Sec. 3.
It shall not be necessary to use the words "heirs and assigns of the grantee" to create in the grantee an estate of inheritance; and if it be the intention of the grantor to convey any lesser estate, it shall be so expressed in the deed.
History:
1881, Act 187, Eff. Sept. 10, 1881 ;-- How. 5730 ;-- CL 1897, 9016 ;-- CL 1915, 11751 ;-- CL 1929, 13323 ;-- CL 1948, 565.153
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 187 of 1881 - Form of Deeds, Mortgages, and Acknowledgments (565.151 - 565.154) › Section 565.154 - Mortgage; Wording; Validity and Enforceability.

565.154 Mortgage; wording; validity and enforceability.
Sec. 4.
A mortgage of lands that is worded in substance as follows: "A.B. mortgages and warrants to C.D., (here describe the premises) to secure the re-payment of" (here describe the indebtedness or obligations the mortgage secures) and is signed by the grantor, is a valid and enforceable mortgage to the grantee and the grantee's heirs, assigns, successors, and personal representatives with warranty from the grantor and the grantor's legal representatives, of marketable title in the grantor, free from prior incumbrances. If the indebtedness or obligations secured are described generally, such as "all indebtedness that A.B. now and in the future owes to C.D.", and if the words "and warrant" are omitted from the form, the mortgage is valid and enforceable, but without warranty.
History:
1881, Act 187, Eff. Sept. 10, 1881 ;-- How. 5731 ;-- CL 1897, 9017 ;-- CL 1915, 11752 ;-- CL 1929, 13324 ;-- CL 1948, 565.154 ;-- Am. 2004, Act 422, Imd. Eff. Dec. 15, 2004
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 125 of 1966 - Annual Statements to Mortgagors (565.161 - 565.164) › Section 565.161 - Annual Statements to Mortgagor; When Required, Contents.

565.161 Annual statements to mortgagor; when required, contents.
Sec. 1.
Where, by the terms of a mortgage on real property, the mortgagor is required to make periodic payments which include sums to be allocated to an escrow account for the purpose of paying taxes, insurance or improvements to the property, or any combination of such purposes, the mortgagee or agent receiving the periodic payments shall furnish the mortgagor with a statement within 60 days of the close of the calendar year, showing the beginning balance of the escrow fund, total receipts received by the fund during the calendar year, an itemized statement of all expenditures from the fund during the calendar year and the balance in the fund at the end of the calendar year.
History:
1966, Act 125, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 125 of 1966 - Annual Statements to Mortgagors (565.161 - 565.164) › Section 565.162 - Annual Statements to Mortgagor; Exceptions to Furnishing.

565.162 Annual statements to mortgagor; exceptions to furnishing.
Sec. 2.
The annual statement specified in section 1 is not required where the mortgagor is provided with a monthly billing form or mortgagor passbook either of which provides the escrow fund balance and record of expenditures for taxes.
History:
1966, Act 125, Eff. Mar. 10, 1967
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 125 of 1966 - Annual Statements to Mortgagors (565.161 - 565.164) › Section 565.163 - Failure of Mortgagee or Agent to Pay Property Taxes; Liability for Penalties or Fees.

565.163 Failure of mortgagee or agent to pay property taxes; liability for penalties or fees.
Sec. 3.
If, pursuant to an agreement, a mortgagor has paid sufficient funds into an escrow account for the purpose of paying taxes on mortgaged real property, and if the mortgagee or his agent has not paid those property taxes, then the person to whom the mortgagor paid the funds shall be liable to the mortgagor for any penalties or fees incurred by the mortgagor as a result of that failure to pay taxes.
History:
Add. 1976, Act 112, Imd. Eff. May 14, 1976
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 125 of 1966 - Annual Statements to Mortgagors (565.161 - 565.164) › Section 565.164 - Adjustment to Escrow Account.

565.164 Adjustment to escrow account.
Sec. 4.
(1) Not later than March 1, 1994, a mortgagee, a vendor of a land contract, or their agent shall adjust the escrow account maintained for the payment of real property taxes to be levied in the 1994 calendar year by an amount that the mortgagee, vendor, or agent reasonably anticipates to be paid during the 1994 calendar year.
(2) An adjustment to the escrow account pursuant to subsection (1) shall become effective for the periodic payment that is due not later than April 30, 1994.
(3) Any adjustments made to the escrow account shall be considered reasonable if the adjustment is a reduction of not less than 35% of the total property taxes levied for the 1993 calendar year.
(4) Upon the receipt of a written request by a mortgagor or a vendee of a land contract, the mortgagee, vendor, or their agent shall, within a reasonable time, adjust the escrow account maintained for the payment of the 1994 real property taxes by reducing the amount required to be escrowed based upon the actual amount of taxes levied on the property in 1993 for local school district and intermediate school district operating purposes. An adjustment under this subdivision is required only if the mortgagor or vendee includes with the written request either of the following:
(a) The 1993 tax statements that state the actual dollar amount of real property tax levied for local school district and intermediate school district operating purposes.
(b) A certificate by the local taxing authority that states the actual dollar amount of real property tax levied for local school district and intermediate school district operating purposes.
(5) This section shall not be construed to prohibit a mortgagee, a vendor of a land contract, or their agent from adjusting the escrow account if information is or becomes available regarding the actual amount of real property tax levied or to be levied on the property for local school district and intermediate school district operating purposes.
(6) This section shall not be construed to require a mortgagee, a vendor of a land contract, or their agent to adjust the escrow account for a periodic payment that is due before April 1, 1994.
History:
Add. 1993, Act 285, Imd. Eff. Dec. 28, 1993
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 103 of 1937 - Recording Requirements (565.201 - 565.203) › Section 565.201a - Repealed. 2018, Act 197, Eff. Sept. 18, 2018.

565.201a Repealed. 2018, Act 197, Eff. Sept. 18, 2018.
Compiler's Notes:
The repealed section pertained to name and address required on recorded instruments.
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 103 of 1937 - Recording Requirements (565.201 - 565.203) › Section 565.202 - Affidavit; Contents.

565.202 Affidavit; contents.
Sec. 2.
The register of deeds shall, however, receive any such instrument for record, although the same does not comply with the requirements of this act: Provided, There is recorded therewith an affidavit of some person having personal knowledge of the facts, which affidavit shall be either printed or typewritten, shall comply with the requirements of this act, and shall state therein:
(a) The correct name of any person, the name of whom was not printed, typewritten or stamped upon such instrument as required by this act;
(b) In case such instrument does not comply with the requirements of paragraph (b) of section 1, the correct name of such person and shall state that each of the names used in such instrument refer to such person.
History:
1937, Act 103, Eff. Oct. 29, 1937 ;-- CL 1948, 565.202
2023 Michigan Compiled Laws › Chapter 565 - Conveyances of Real Property › Act 103 of 1937 - Recording Requirements (565.201 - 565.203) › Section 565.203 - Inapplicability of Act to Certain Instruments.

565.203 Inapplicability of act to certain instruments.
Sec. 3.
(1) This act does not apply to any of the following instruments:
(a) A decree, order, judgment or writ of a court.
(b) A death certificate or a certified copy of a death certificate described in section 2886 of the public health code, 1978 PA 368, MCL 333.2886.
(2) Section 1(1)(a), (c), and (d) does not apply to an instrument on which the signature itself is printed, typewritten, stamped, or electronically affixed.
History:
1937, Act 103, Eff. Oct. 29, 1937 ;-- CL 1948, 565.203 ;-- Am. 2015, Act 131, Eff. Dec. 29, 2015 ;-- Am. 2018, Act 196, Eff. Sept. 18, 2018