reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.30 - Posthumous Child; Right to Take Estate.

554.30 Posthumous child; right to take estate.
Sec. 30.
When a future estate shall be limited to heirs, or issue, or children, posthumous children shall be entitled to take, in the same manner as if born before the death of their parents.
History:
R.S. 1846, Ch. 62 ;-- CL 1857, 2614 ;-- CL 1871, 4097 ;-- How. 5546 ;-- CL 1897, 8812 ;-- CL 1915, 11548 ;-- CL 1929, 12950 ;-- CL 1948, 554.30
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.31 - Posthumous Child; Effect of Birth on Certain Future Estates.

554.31 Posthumous child; effect of birth on certain future estates.
Sec. 31.
A future estate depending on the contingency of the death of any person without heirs or issue, or children, shall be defeated by the birth of a posthumous child of such person, capable of taking by descent.
History:
R.S. 1846, Ch. 62 ;-- CL 1857, 2615 ;-- CL 1871, 4098 ;-- How. 5547 ;-- CL 1897, 8813 ;-- CL 1915, 11549 ;-- CL 1929, 12951 ;-- CL 1948, 554.31
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.32 - Expectant Estates; Effect of Alienation or Destruction of Precedent Estate.

554.32 Expectant estates; effect of alienation or destruction of precedent estate.
Sec. 32.
No expectant estate can be defeated or barred by any alienation or other act of the owner of the intermediate or precedent estate, nor by any destruction of such precedent estate by disseizin, forfeiture, surrender, merger, or otherwise.
History:
R.S. 1846, Ch. 62 ;-- CL 1857, 2616 ;-- CL 1871, 4099 ;-- How. 5548 ;-- CL 1897, 8814 ;-- CL 1915, 11550 ;-- CL 1929, 12952 ;-- CL 1948, 554.32
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.33 - Expectant Estates; Authorized Method of Defeasance, Effect on Original Validity.

554.33 Expectant estates; authorized method of defeasance, effect on original validity.
Sec. 33.
The last preceding section shall not be construed to prevent an expectant estate from being defeated in any manner, or by any act or means which the party creating such estate shall, in the creation thereof, have provided or authorized; nor shall an expectant estate thus liable to be defeated, be on that ground adjudged void in its creation.
History:
R.S. 1846, Ch. 62 ;-- CL 1857, 2617 ;-- CL 1871, 4100 ;-- How. 5549 ;-- CL 1897, 8815 ;-- CL 1915, 11551 ;-- CL 1929, 12953 ;-- CL 1948, 554.33
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.34 - Contingent Remainder; Effect of Premature Determination of Precedent Estate.

554.34 Contingent remainder; effect of premature determination of precedent estate.
Sec. 34.
No remainder, valid in its creation, shall be defeated by the determination of the precedent estate, before the happening of the contingency on which the remainder is limited to take effect; but should such contingency afterwards happen, the remainder shall take effect in the same manner, and to the same extent, as if the precedent estate had continued to the same period.
History:
R.S. 1846, Ch. 62 ;-- CL 1857, 2618 ;-- CL 1871, 4101 ;-- How. 5550 ;-- CL 1897, 8816 ;-- CL 1915, 11552 ;-- CL 1929, 12954 ;-- CL 1948, 554.34
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.35 - Expectant Estates; Qualities.

554.35 Expectant estates; qualities.
Sec. 35.
Expectant estates are descendible, devisable and alienable, in the same manner as estates in possession.
History:
R.S. 1846, Ch. 62 ;-- CL 1857, 2619 ;-- CL 1871, 4102 ;-- How. 5551 ;-- CL 1897, 8817 ;-- CL 1915, 11553 ;-- CL 1929, 12955 ;-- CL 1948, 554.35
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.36 - Rents and Profits to Accrue; Disposition.

554.36 Rents and profits to accrue; disposition.
Sec. 36.
Dispositions of the rents and profits of lands, to accrue and be received at any time subsequent to the execution of the instrument creating such disposition, shall be governed by the rules established in this chapter in relation to future estates in lands.
History:
R.S. 1846, Ch. 62 ;-- CL 1857, 2620 ;-- CL 1871, 4103 ;-- How. 5552 ;-- CL 1897, 8818 ;-- CL 1915, 11554 ;-- CL 1929, 12956 ;-- CL 1948, 554.36
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.37, 554.38 - Repealed. 1952, Act 6, Eff. Sept. 18, 1952.

554.37, 554.38 Repealed. 1952, Act 6, Eff. Sept. 18, 1952.
Compiler's Notes:
The repealed sections pertained to valid and invalid accumulations of rents and profits of real estate.
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.39, 554.40 - Repealed. 1952, Act 7, Eff. Sept. 18, 1952.

554.39, 554.40 Repealed. 1952, Act 7, Eff. Sept. 18, 1952.
Compiler's Notes:
The repealed sections pertained to accumulation of rents and profits of real estate for benefit of infants entitled to expectant estate and of person entitled in absence of disposition of rents and profits of real estate.
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.41 - Expectant Estates; Time of Creation.

554.41 Expectant estates; time of creation.
Sec. 41.
The delivery of the grant, where an expectant estate is created by grant; and where it is created by devise, the death of the testator, shall be deemed the time of the creation of the estate.
History:
R.S. 1846, Ch. 62 ;-- CL 1857, 2625 ;-- CL 1871, 4108 ;-- How. 5557 ;-- CL 1897, 8823 ;-- CL 1915, 11559 ;-- CL 1929, 12961 ;-- CL 1948, 554.41
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.42 - Expectant Estates; Abolition, Exceptions.

554.42 Expectant estates; abolition, exceptions.
Sec. 42.
All expectant estates, except such as are enumerated and defined in this chapter, are abolished.
History:
R.S. 1846, Ch. 62 ;-- CL 1857, 2626 ;-- CL 1871, 4109 ;-- How. 5558 ;-- CL 1897, 8824 ;-- CL 1915, 11560 ;-- CL 1929, 12962 ;-- CL 1948, 554.42
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.43 - Estates; Kinds in Respect to Number and Connection of Owners; Nature.

554.43 Estates; kinds in respect to number and connection of owners; nature.
Sec. 43.
Estates, in respect to the number and connection of their owners, are divided into estates in severalty, in joint tenancy, and in common; the nature and properties of which respectively, shall continue to be such as are now established by law, except so far as the same may be modified by the provisions of this chapter.
History:
R.S. 1846, Ch. 62 ;-- CL 1857, 2627 ;-- CL 1871, 4110 ;-- How. 5559 ;-- CL 1897, 8825 ;-- CL 1915, 11561 ;-- CL 1929, 12963 ;-- CL 1948, 554.43
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.44 - Land Conveyance to Two or More Persons; Estate Created.

554.44 Land conveyance to two or more persons; estate created.
Sec. 44.
All grants and devises of lands, made to 2 or more persons, except as provided in the following section, shall be construed to create estates in common, and not in joint tenancy, unless expressly declared to be in joint tenancy.
History:
R.S. 1846, Ch. 62 ;-- CL 1857, 2628 ;-- CL 1871, 4111 ;-- How. 5560 ;-- CL 1897, 8826 ;-- CL 1915, 11562 ;-- CL 1929, 12964 ;-- CL 1948, 554.44
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.45 - Land Conveyance; Exceptions to Preceding Section.

554.45 Land conveyance; exceptions to preceding section.
Sec. 45.
The preceding section shall not apply to mortgages, nor to devises or grants made in trust, or made to executors, or to husband and wife.
History:
R.S. 1846, Ch. 62 ;-- CL 1857, 2629 ;-- CL 1871, 4112 ;-- How. 5561 ;-- CL 1897, 8827 ;-- CL 1915, 11563 ;-- CL 1929, 12965 ;-- CL 1948, 554.45
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.1 - 554.46) › R-S-1846-554-1-62 - Chapter 62 Chapter 62. of the Nature and Qualities of Estates in Real and Personal Property, and the Alienation Thereof. (554.1...554.46) › Section 554.46 - Land Conveyance; Nominal Conditions; Effect of Failure to Perform.

554.46 Land conveyance; nominal conditions; effect of failure to perform.
Sec. 46.
When any conditions annexed to a grant or conveyance of lands are merely nominal and evince no intention of actual and substantial benefit to the party to whom or in whose favor they are to be performed, they may be wholly disregarded, and a failure to perform the same shall in no case operate as a forfeiture of the lands conveyed subject thereto.
History:
R.S. 1846, Ch. 62 ;-- CL 1857, 2630 ;-- CL 1871, 4113 ;-- How. 5562 ;-- CL 1897, 8828 ;-- CL 1915, 11564 ;-- CL 1929, 12966 ;-- CL 1948, 554.46
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 38 of 1949 - Rule Against Perpetuities (554.51 - 554.53) › Section 554.51 - Rule Against Perpetuities; Applicability; Uniformity.

554.51 Rule against perpetuities; applicability; uniformity.
Sec. 1.
The common law rule known as the rule against perpetuities now in force in this state as to personal property shall hereafter be applicable to real property and estates and other interests therein, whether freehold or non-freehold, legal or equitable, by way of trust or otherwise, thereby making uniform the rule as to perpetuities applicable to real and personal property.
History:
1949, Act 38, Eff. Sept. 23, 1949
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 38 of 1949 - Rule Against Perpetuities (554.51 - 554.53) › Section 554.52 - Sections Repealed.

554.52 Sections repealed.
Sec. 2.
Sections 14, 15, 16, 17, 18, 19, 20 and 23 of chapter 62 of the Revised Statutes of 1846, being sections 554.14, 554.15, 554.16, 554.17, 554.18, 554.19, 554.20 and 554.23, respectively, of the Compiled Laws of 1948, concerning perpetuities and the suspension of the absolute power of alienation, are hereby repealed.
History:
1949, Act 38, Eff. Sept. 23, 1949
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 38 of 1949 - Rule Against Perpetuities (554.51 - 554.53) › Section 554.53 - Applicability of Act to Nonvested Property Interests.

554.53 Applicability of act to nonvested property interests.
Sec. 3.
This act applies only to nonvested property interests created after September 23, 1949. Unless as otherwise provided by statute, this act shall not apply to nonvested property interests created on or after the effective date of the uniform statutory rule against perpetuities.
History:
1949, Act 38, Eff. Sept. 23, 1949 ;-- Am. 1988, Act 417, Imd. Eff. Dec. 27, 1988
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 13 of 1968 - Possibilities of Reverter and Rights of Entry (554.61 - 554.65) › Section 554.61 - Terminable Interest, Specified Contingency; Definitions.

554.61 Terminable interest, specified contingency; definitions.
Sec. 1.
As used in this act:
(a) "Terminable interest" is a possessory or ownership interest in real property which is subject to termination by a provision in a conveyance or other instrument which either creates a right of reversion to a grantor or his heirs, successors or assigns or creates a right of entry on the occurrence of a specified contingency.
(b) "Specified contingency" is the event described in a conveyance or other instrument creating a terminable interest, the occurrence of which requires or permits the divesting of the terminable interest.
History:
1968, Act 13, Imd. Eff. Mar. 29, 1968
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 13 of 1968 - Possibilities of Reverter and Rights of Entry (554.61 - 554.65) › Section 554.62 - Specified Contingency; Termination Right; Limitation Period.

554.62 Specified contingency; termination right; limitation period.
Sec. 2.
If the specified contingency does not occur within 30 years after the terminable interest is created, the right of termination by reason of the specified contingency shall be unenforceable.
History:
1968, Act 13, Imd. Eff. Mar. 29, 1968
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 13 of 1968 - Possibilities of Reverter and Rights of Entry (554.61 - 554.65) › Section 554.63 - Existing Termination Rights Limitation.

554.63 Existing termination rights limitation.
Sec. 3.
A right of termination under a terminable interest which was created prior to the effective date of this act is unenforceable if the specified contingency does not occur within 30 years after the terminable interest was created or within 1 year after the effective date of this act, whichever is later.
History:
1968, Act 13, Imd. Eff. Mar. 29, 1968
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 13 of 1968 - Possibilities of Reverter and Rights of Entry (554.61 - 554.65) › Section 554.64 - Exemptions to Act.

554.64 Exemptions to act.
Sec. 4.
This act does not apply:
(a) To a lease for a term of years.
(b) If the specified contingency must occur, if at all, within the period of the rule against perpetuities.
(c) If the terminable interest is held for public, educational, religious or charitable purposes.
(d) If the terminable interest is created in a conveyance from the United States of America, the state or any agency or political subdivision of either of them.
History:
1968, Act 13, Imd. Eff. Mar. 29, 1968
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 13 of 1968 - Possibilities of Reverter and Rights of Entry (554.61 - 554.65) › Section 554.65 - Right of Termination; Preservation; Notice, Recording.

554.65 Right of termination; preservation; notice, recording.
Sec. 5.
A right of termination may be preserved by the recording, within a period of not less than 25 nor more than 30 years after creation of the terminable interest or within 1 year after the effective date of this act, whichever is later, of a written notice that the owner of such right of termination desires to preserve the same, such notice to be recorded in the register of deeds office of the county where the real property subject to such right of termination is located. Such notice shall be verified by oath, shall describe the land involved and the nature of such right of termination, including the specified contingency, and shall state the name and address of the owner of such right of termination. The recording of such notice shall operate to preserve such right of termination from the operation of this act for a period of 30 years from the date of recording of such notice.
History:
1968, Act 13, Imd. Eff. Mar. 29, 1968
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 418 of 1988 - Uniform Statutory Rule Against Perpetuities (554.71 - 554.78) › Section 554.71 - Short Title.

554.71 Short title.
Sec. 1.
This act shall be known and may be cited as the "uniform statutory rule against perpetuities".
History:
1988, Act 418, Imd. Eff. Dec. 27, 1988
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 418 of 1988 - Uniform Statutory Rule Against Perpetuities (554.71 - 554.78) › Section 554.73 - Nonvested Property Interest or Power of Appointment; Time of Creation.

554.73 Nonvested property interest or power of appointment; time of creation.
Sec. 3.
(1) Except as provided in subsections (2), (3), and section 6(1), the time of creation of a nonvested property interest or a power of appointment shall be determined by statutory or common law.
(2) For purposes of this act, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in section 2(2) or (3), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates.
(3) For purposes of this act, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created.
History:
1988, Act 418, Imd. Eff. Dec. 27, 1988
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 418 of 1988 - Uniform Statutory Rule Against Perpetuities (554.71 - 554.78) › Section 554.74 - Reforming Disposition; Petition.

554.74 Reforming disposition; petition.
Sec. 4.
Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution that is within the 90 years allowed by section 2(1)(b), (2)(b), or (3)(b) and 1 or more of the following are applicable:
(a) A nonvested property interest or a power of appointment becomes invalid under section 2.
(b) A class gift is not but might become invalid under section 2 and the time has arrived when the share of any class member is to take effect in possession or enjoyment.
(c) A nonvested property interest that is not validated by section 2(1)(a) can vest but not within 90 years after its creation.
History:
1988, Act 418, Imd. Eff. Dec. 27, 1988
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 418 of 1988 - Uniform Statutory Rule Against Perpetuities (554.71 - 554.78) › Section 554.75 - Applicability of MCL 554.72; "Second Power" Defined.

554.75 Applicability of MCL 554.72; "second power" defined.
Sec. 5.
(1) Section 2 does not apply to any of the following:
(a) A nonvested property interest or a power of appointment arising out of a nondonative transfer, except a nonvested property interest or a power of appointment arising out of a premarital or postmarital agreement; a separation or divorce settlement; a spouse's election; a similar arrangement arising out of a prospective, existing, or previous marital relationship between the parties; a contract to make or not to revoke a will or trust; a contract to exercise or not to exercise a power of appointment; a transfer in satisfaction of a duty of support; or a reciprocal transfer.
(b) A fiduciary's power relating to the administration or management of assets, including the power of a fiduciary to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income.
(c) A power to appoint a fiduciary.
(d) A discretionary power of a trustee to distribute principal before termination of a trust to a beneficiary having an indefeasibly vested interest in the income and principal.
(e) A property interest, power of appointment, or any other arrangement that was not subject to the common-law rule against perpetuities or is excluded by another statute.
(f) Except as provided in subsection (2), an interest or power of appointment to which the personal property trust perpetuities act, 2008 PA 148, MCL 554.91 to 554.94, applies.
(2) Section 2 is applicable to an interest or power of appointment to which the personal property trust perpetuities act, 2008 PA 148, MCL 554.91 to 554.94, applies if the interest or power was created, or property was made subject to the interest or power, by the exercise of a second power. If section 2 is applicable to an interest or power under this subsection, it applies only to the extent of the exercise of the second power, and instead of using a period of 90 years to determine whether section 2(1)(b), (2)(b), or (3)(b) is satisfied, or whether to reform a disposition under section 4, a period of 360 years shall be used.
(3) As used in this section, "second power" means that term as defined in section 2 of the personal property trust perpetuities act, 2008 PA 148, MCL 554.92.
History:
1988, Act 418, Imd. Eff. Dec. 27, 1988 ;-- Am. 2008, Act 149, Imd. Eff. May 28, 2008 ;-- Am. 2011, Act 11, Imd. Eff. Mar. 24, 2011
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 418 of 1988 - Uniform Statutory Rule Against Perpetuities (554.71 - 554.78) › Section 554.76 - Nonvested Property Interest or Power of Appointment to Which Act Applicable; Violation of Rule Against Perpetuities; Reforming Disposition.

554.76 Nonvested property interest or power of appointment to which act applicable; violation of rule against perpetuities; reforming disposition.
Sec. 6.
(1) This act applies to a nonvested property interest or a power of appointment that is created on or after the effective date of this act. For purposes of this section, a nonvested property interest or power of appointment created by the exercise of a power of appointment is created when the power has been irrevocably exercised or when a revocable exercise becomes irrevocable.
(2) If a nonvested property interest or a power of appointment was created before the effective date of this act and is determined in a judicial proceeding, commenced on or after the effective date of this act, to violate the rule against perpetuities as it existed before the effective date of this act, a court, upon the petition of an interested person, may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created.
History:
1988, Act 418, Imd. Eff. Dec. 27, 1988
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 418 of 1988 - Uniform Statutory Rule Against Perpetuities (554.71 - 554.78) › Section 554.77 - Application and Construction of Act.

554.77 Application and construction of act.
Sec. 7.
This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting it.
History:
1988, Act 418, Imd. Eff. Dec. 27, 1988
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 418 of 1988 - Uniform Statutory Rule Against Perpetuities (554.71 - 554.78) › Section 554.78 - Conditional Effective Date.

554.78 Conditional effective date.
Sec. 8.
This act shall not take effect unless House Bill No. 5626 of the 84th Legislature is enacted into law.
History:
1988, Act 418, Imd. Eff. Dec. 27, 1988
Compiler's Notes:
House Bill No. 5626, referred to in this section, was filed with the Secretary of State December 27, 1988, and became P.A. 1988, No. 417, Imd. Eff. Dec. 27, 1988.
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 148 of 2008 - Personal Property Trust Perpetuities Act (554.91 - 554.94) › Section 554.91 - Short Title.

554.91 Short title.
Sec. 1.
This act shall be known and may be cited as the "personal property trust perpetuities act".
History:
2008, Act 148, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 148 of 2008 - Personal Property Trust Perpetuities Act (554.91 - 554.94) › Section 554.93 - Interests in Personal Property Held in Trust; Application of Rules.

554.93 Interests in personal property held in trust; application of rules.
Sec. 3.
(1) Except as provided in section 2, an interest in, or power of appointment over, personal property held in trust is not invalidated by a rule against any of the following:
(a) Perpetuities.
(b) Suspension of absolute ownership.
(c) Suspension of the power of alienation.
(d) Accumulations of income.
(2) Except as provided in section 2, all of the following may be indefinitely suspended, postponed, or allowed to go on with respect to personal property held in trust:
(a) The vesting of a future interest.
(b) The satisfaction of a condition precedent to the exercise of a general power of appointment.
(c) The exercise of a nongeneral or testamentary power of appointment.
(d) Absolute ownership.
(e) The power of alienation.
(f) Accumulations of income.
History:
2008, Act 148, Imd. Eff. May 28, 2008 ;-- Am. 2012, Act 484, Imd. Eff. Dec. 28, 2012 ;-- Am. 2022, Act 154, Imd. Eff. July 19, 2022
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 148 of 2008 - Personal Property Trust Perpetuities Act (554.91 - 554.94) › Section 554.94 - Applicability of Act to Certain Personal Property; Scope of Trust.

554.94 Applicability of act to certain personal property; scope of trust.
Sec. 4.
(1) This act applies only to a nonvested interest in, or power of appointment over, personal property held in a trust that is either revocable on, or created after, May 28, 2008, and only to the extent that the trust is not a special appointee trust.
(2) For purposes of this section, both of the following apply:
(a) A trust that is created by the exercise of a power of appointment is created when the power has been irrevocably exercised or when a revocable exercise becomes irrevocable.
(b) A trust is a "special appointee trust" to the extent it includes assets that were held in a trust that was irrevocable on September 25, 1985, and both of the following apply to the assets:
(i) The assets have continuously been held in trust since September 25, 1985.
(ii) The assets have not become subject to a general power of appointment since September 25, 1985.
History:
2008, Act 148, Imd. Eff. May 28, 2008 ;-- Am. 2011, Act 12, Imd. Eff. Mar. 24, 2011 ;-- Am. 2022, Act 154, Imd. Eff. July 19, 2022
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 211 of 1931 - Devolution of Expectant Estates (554.101 - 554.101) › Section 554.101 - Expectant Estate in Realty or Personalty; Death of Owner Prior to Possession, Effect.

554.101 Expectant estate in realty or personalty; death of owner prior to possession, effect.
Sec. 1.
In all cases where the owner of an expectant estate, right or interest in real or personal property, shall die prior to the termination of the precedent or intermediate estate, if the contingency arises by which such owner would have been entitled to an estate in possession if living, his heirs at law if he died intestate, or his devisees or grantees and assigns if he shall have devised or conveyed such right or interest, shall be entitled to the same estate in possession.
History:
1931, Act 211, Eff. Sept. 18, 1931 ;-- CL 1948, 554.101
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 219 of 1931 - Reversionary Interest in Lands (554.111 - 554.111) › Section 554.111 - Reversionary Interest in Lands Conveyed on Condition Subsequent; Transfer; Scope of Act.

554.111 Reversionary interest in lands conveyed on condition subsequent; transfer; scope of act.
Sec. 1.
The reversionary interest in lands conveyed on a condition subsequent may be granted, conveyed, transferred or devised by the owner of such interest, and by the subsequent grantees or devisees thereof, either before or after the right of re-entry becomes effective: Provided, That this act shall not affect any such interest created before it takes effect.
History:
1931, Act 219, Eff. Sept. 18, 1931 ;-- CL 1948, 554.111
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.131 - 554.139) › R-S-1846-554-131-66 - Chapter 66 Chapter 66. of Estates in Dower, by the Curtesy, and General Provisions Concerning Real Estate (Continued). (554.131...554.139) › R-S-1846-554-131-66-GENERAL-PROVISIONS. - General Provisions. (554.131...554.139) › Section 554.131 - Rent; Liability of Person in Possession of Land.

554.131 Rent; liability of person in possession of land.
Sec. 31.
Every person in possession of land, out of which any rent is due, whether it was originally demised in fee, or for any other estate of freehold, or for any term of years, shall be liable for the amount or proportion of rent due from the land in his possession, although it be only a part of what was originally demised.
History:
R.S. 1846, Ch. 66 ;-- CL 1857, 2804 ;-- CL 1871, 4301 ;-- How. 5771 ;-- CL 1897, 9254 ;-- CL 1915, 11809 ;-- CL 1929, 13489 ;-- CL 1948, 554.131
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.131 - 554.139) › R-S-1846-554-131-66 - Chapter 66 Chapter 66. of Estates in Dower, by the Curtesy, and General Provisions Concerning Real Estate (Continued). (554.131...554.139) › R-S-1846-554-131-66-GENERAL-PROVISIONS. - General Provisions. (554.131...554.139) › Section 554.132 - Rent; Assumpsit for Recovery.

554.132 Rent; assumpsit for recovery.
Sec. 32.
Such rent may be recovered in an action of debt or assumpsit, and the deed of demise, or other instrument in writing, if there be any showing the provisions of the lease, may be used in evidence by either party to prove the amount due from the defendant.
History:
R.S. 1846, Ch. 66 ;-- CL 1857, 2805 ;-- CL 1871, 4302 ;-- How. 5772 ;-- CL 1897, 9255 ;-- CL 1915, 11810 ;-- CL 1929, 13490 ;-- CL 1948, 554.132
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.131 - 554.139) › R-S-1846-554-131-66 - Chapter 66 Chapter 66. of Estates in Dower, by the Curtesy, and General Provisions Concerning Real Estate (Continued). (554.131...554.139) › R-S-1846-554-131-66-GENERAL-PROVISIONS. - General Provisions. (554.131...554.139) › Section 554.133 - Rent; Other Remedies for Recovery.

554.133 Rent; other remedies for recovery.
Sec. 33.
Nothing contained in the preceding sections shall deprive landlords of any legal remedy for the recovery of their rents, whether secured to them by their leases, or provided by law.
History:
R.S. 1846, Ch. 66 ;-- CL 1857, 2806 ;-- CL 1871, 4303 ;-- How. 5773 ;-- CL 1897, 9256 ;-- CL 1915, 11811 ;-- CL 1929, 13491 ;-- CL 1948, 554.133
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.131 - 554.139) › R-S-1846-554-131-66 - Chapter 66 Chapter 66. of Estates in Dower, by the Curtesy, and General Provisions Concerning Real Estate (Continued). (554.131...554.139) › R-S-1846-554-131-66-GENERAL-PROVISIONS. - General Provisions. (554.131...554.139) › Section 554.134 - Termination of Estate at Will or by Sufferance or Tenancy From Year to Year.

554.134 Termination of estate at will or by sufferance or tenancy from year to year.
Sec. 34.
(1) Except as provided otherwise in this section, an estate at will or by sufferance may be terminated by either party by giving 1 month's notice to the other party. If the rent reserved in a lease is payable at periods of less than 3 months, the time of notice is sufficient if it is equal to the interval between the times of payment. Notice is not void because it states a day for the termination of the tenancy that does not correspond to the conclusion or commencement of a rental period. The notice terminates the tenancy at the end of a period equal in length to the interval between times of payment.
(2) If a tenant neglects or refuses to pay rent on a lease at will or otherwise, the landlord may terminate the tenancy by giving the tenant a written 7-day notice to quit.
(3) A tenancy from year to year may be terminated by either party by a notice to quit, given at any time to the other party. The notice shall terminate the lease at the expiration of 1 year from the time of the service of the notice.
(4) If a tenant holds over after a lease is terminated pursuant to a clause in the lease providing for termination because the tenant, a member of the tenant's household, or other person under the tenant's control has manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises, the landlord may terminate the tenancy by giving the tenant a written 24-hour notice to quit. This subsection applies only if a formal police report has been filed alleging that the person has unlawfully manufactured, delivered, possessed with intent to deliver, or possessed a controlled substance on the leased premises. For purposes of this subsection, "controlled substance" means a substance or a counterfeit substance classified in schedule 1, 2, or 3 pursuant to sections 7211 to 7216 of the public health code, 1978 PA 368, MCL 333.7211 to 333.7216.
History:
R.S. 1846, Ch. 66 ;-- CL 1857, 2807 ;-- CL 1871, 4304 ;-- How. 5774 ;-- Am. 1885, Act 162, Eff. Sept. 19, 1885 ;-- CL 1897, 9257 ;-- CL 1915, 11812 ;-- CL 1929, 13492 ;-- Am. 1935, Act 145, Eff. Sept. 21, 1935 ;-- CL 1948, 554.134 ;-- Am. 1990, Act 311, Imd. Eff. Dec. 14, 1990 ;-- Am. 2004, Act 106, Eff. Sept. 1, 2004 ;-- Am. 2012, Act 140, Imd. Eff. May 22, 2012
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.131 - 554.139) › R-S-1846-554-131-66 - Chapter 66 Chapter 66. of Estates in Dower, by the Curtesy, and General Provisions Concerning Real Estate (Continued). (554.131...554.139) › R-S-1846-554-131-66-GENERAL-PROVISIONS. - General Provisions. (554.131...554.139) › Section 554.135 - Aliens; Realty; Right to Acquire, Hold or Convey, Descent.

554.135 Aliens; realty; right to acquire, hold or convey, descent.
Sec. 35.
Any alien may acquire and hold lands, or any right thereto or interest therein, by purchase, devise or descent, and he may convey, mortgage and devise the same, and if he shall die intestate, the same shall descend to his heirs; and in all cases such lands shall be held, conveyed, mortgaged or devised, or shall descend in like manner, and with like effect, as if such alien were a native citizen of this state, or of the United States.
History:
R.S. 1846, Ch. 66 ;-- CL 1857, 2808 ;-- CL 1871, 4305 ;-- How. 5775 ;-- CL 1897, 9258 ;-- CL 1915, 11813 ;-- CL 1929, 13493 ;-- CL 1948, 554.135
Former Law:
See Act of Aug. 12, 1805; Woodward Code (1805), p. 32; 1 Terr. Laws 32; Cass Code (1816), p. 32; and 1 Terr. Laws 135.
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.131 - 554.139) › R-S-1846-554-131-66 - Chapter 66 Chapter 66. of Estates in Dower, by the Curtesy, and General Provisions Concerning Real Estate (Continued). (554.131...554.139) › R-S-1846-554-131-66-GENERAL-PROVISIONS. - General Provisions. (554.131...554.139) › Section 554.136 - Aliens; Effect of Prior Deals in Realty on Title.

554.136 Aliens; effect of prior deals in realty on title.
Sec. 36.
The title to any lands heretofore conveyed shall not be questioned, nor in any manner affected, by reason of the alienage of any person from or through whom such title may have been derived.
History:
R.S. 1846, Ch. 66 ;-- CL 1857, 2809 ;-- CL 1871, 4306 ;-- How. 5776 ;-- CL 1897, 9259 ;-- CL 1915, 11814 ;-- CL 1929, 13494 ;-- CL 1948, 554.136
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.131 - 554.139) › R-S-1846-554-131-66 - Chapter 66 Chapter 66. of Estates in Dower, by the Curtesy, and General Provisions Concerning Real Estate (Continued). (554.131...554.139) › R-S-1846-554-131-66-GENERAL-PROVISIONS. - General Provisions. (554.131...554.139) › Section 554.137 - Remainderman or Reversioner; Right to Sue for Injury.

554.137 Remainderman or reversioner; right to sue for injury.
Sec. 37.
A person seized of an estate in remainder or reversion, may maintain an action of trespass on the case, for any injury done to the inheritance, notwithstanding any intervening estate for life or years.
History:
R.S. 1846, Ch. 66 ;-- CL 1857, 2810 ;-- CL 1871, 4307 ;-- How. 5777 ;-- CL 1897, 9260 ;-- CL 1915, 11815 ;-- CL 1929, 13495 ;-- CL 1948, 554.137
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.131 - 554.139) › R-S-1846-554-131-66 - Chapter 66 Chapter 66. of Estates in Dower, by the Curtesy, and General Provisions Concerning Real Estate (Continued). (554.131...554.139) › R-S-1846-554-131-66-GENERAL-PROVISIONS. - General Provisions. (554.131...554.139) › Section 554.138 - Joint Tenant or Tenant in Common; Action Against Cotenant.

554.138 Joint tenant or tenant in common; action against cotenant.
Sec. 38.
One joint tenant or tenant in common, and his executors or administrators, may maintain an action for money had and received, against his co-tenant for receiving more than his just proportion of the rents or profits of the estate owned by them as joint tenants or tenants in common.
History:
R.S. 1846, Ch. 66 ;-- CL 1857, 2811 ;-- CL 1871, 4308 ;-- How. 5778 ;-- CL 1897, 9261 ;-- CL 1915, 11816 ;-- CL 1929, 13496 ;-- CL 1948, 554.138
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › R.S. of 1846 - Revised Statutes of 1846 (554.131 - 554.139) › R-S-1846-554-131-66 - Chapter 66 Chapter 66. of Estates in Dower, by the Curtesy, and General Provisions Concerning Real Estate (Continued). (554.131...554.139) › R-S-1846-554-131-66-GENERAL-PROVISIONS. - General Provisions. (554.131...554.139) › Section 554.139 - Lease or License of Residential Premises; Covenants; Modifications; Liberal Construction, Inspection.

554.139 Lease or license of residential premises; covenants; modifications; liberal construction, inspection.
Sec. 39.
(1) In every lease or license of residential premises, the lessor or licensor covenants:
(a) That the premises and all common areas are fit for the use intended by the parties.
(b) To keep the premises in reasonable repair during the term of the lease or license, and to comply with the applicable health and safety laws of the state and of the local unit of government where the premises are located, except when the disrepair or violation of the applicable health or safety laws has been caused by the tenants wilful or irresponsible conduct or lack of conduct.
(2) The parties to the lease or license may modify the obligations imposed by this section where the lease or license has a current term of at least 1 year.
(3) The provisions of this section shall be liberally construed, and the privilege of a prospective lessee or licensee to inspect the premises before concluding a lease or license shall not defeat his right to have the benefit of the covenants established herein.
History:
Add. 1968, Act 295, Eff. Oct. 1, 1968
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 42 of 1917 - Untenantable Buildings (554.201 - 554.201) › Section 554.201 - Untenantable Building; Surrender, Liability of Lessee for Rent.

554.201 Untenantable building; surrender, liability of lessee for rent.
Sec. 1.
When any leased or rented building is destroyed, or is so injured by the elements, or in any other way, as to be untenantable or unfit for occupancy, and no express agreement to the contrary has been made in writing, the lessee or occupant may, if the destruction or injury occurred without his fault or neglect, quit and surrender possession of the building, and of the land so injured, destroyed, or rendered untenantable or unfit for occupancy; and such lessee or occupant shall not be liable to pay to the lessor or owner rent for the time subsequent to the surrender.
History:
1917, Act 42, Eff. Aug. 10, 1917 ;-- CL 1929, 13497 ;-- CL 1948, 554.201
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Repealed - Act 228 of 1925 - Rents and Profits Under Trust Mortgage (554.211 - 554.214)

RENTS AND PROFITS UNDER TRUST MORTGAGE
Act 228 of 1925
554.211-554.214 Repealed. 2022, Act 115, Eff. Sept. 22, 2022.
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Repealed - Act 210 of 1953 - Assignment of Rents to Accrue as Additional Mortgage Security (554.231 - 554.233)

ASSIGNMENT OF RENTS TO ACCRUE AS ADDITIONAL MORTGAGE SECURITY
Act 210 of 1953
554.231-554.233 Repealed. 2022, Act 115, Eff. Sept. 22, 2022.
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 314 of 1921 - Lateral and Subjacent Support to Adjoining Land (554.251 - 554.254) › Section 554.251 - Owner or Occupant of Excavated Land; Duty to Support Adjacent Land and Structures.

554.251 Owner or occupant of excavated land; duty to support adjacent land and structures.
Sec. 1.
It shall be the duty of every person, partnership or corporation who excavate upon land owned or occupied by them to a depth exceeding 12 feet below the established grade of a street or highway upon which such land abuts or, if there be no such established grade, below the surface of the adjoining land, to furnish sufficient lateral and subjacent support to the adjoining land to protect said land and all structures thereon from injury due to the removed material in its natural state, or due to the disturbance of other existing conditions caused by such excavation.
History:
1921, Act 314, Eff. Aug. 18, 1921 ;-- CL 1929, 13500 ;-- CL 1948, 554.251
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 314 of 1921 - Lateral and Subjacent Support to Adjoining Land (554.251 - 554.254) › Section 554.252 - Failure to Support Adjacent Land; Liability.

554.252 Failure to support adjacent land; liability.
Sec. 2.
Such owner or occupant shall be liable to the proper person entitled to sue therefor, for the actual damage to land and structures and any other resulting damages, arising from failure to fulfill the duty created by this act. They shall also be liable to occupants or tenants of such land or structures for damage to their property or business proximately resulting from injury to such land or structures caused by their failure to fulfill said duty.
History:
1921, Act 314, Eff. Aug. 18, 1921 ;-- CL 1929, 13501 ;-- CL 1948, 554.252
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 314 of 1921 - Lateral and Subjacent Support to Adjoining Land (554.251 - 554.254) › Section 554.253 - Failure to Support Adjacent Land; Equitable Relief.

554.253 Failure to support adjacent land; equitable relief.
Sec. 3.
The owners or occupants of adjoining lands or structures shall also be entitled to relief in a court of equity by way of injunction or other appropriate equitable relief, to restrain the prosecution of such excavating operations without the taking of such precautions to provide such lateral and subjacent support as are reasonable under the circumstances, and it shall not be necessary in such proceedings to allege or show that there is no adequate remedy at law. Such court of equity shall have jurisdiction in such proceedings to adjudicate all disputes arising in connection with the subject matter thereof.
History:
1921, Act 314, Eff. Aug. 18, 1921 ;-- CL 1929, 13502 ;-- CL 1948, 554.253
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 314 of 1921 - Lateral and Subjacent Support to Adjoining Land (554.251 - 554.254) › Section 554.254 - Common Law Duties and Remedies.

554.254 Common law duties and remedies.
Sec. 4.
The remedies herein provided and the duty herein created are in addition to the duty and remedies existing at common law.
History:
1921, Act 314, Eff. Aug. 18, 1921 ;-- CL 1929, 13503 ;-- CL 1948, 554.254
2023 Michigan Compiled Laws › Chapter 554 - Real and Personal Property › Act 81 of 1929 - Oil, Gas, or Mineral Leases (554.281 - 554.282) › Section 554.282 - Oil, Gas or Mineral Lease; Suit for Release; Damages.

554.282 Oil, gas or mineral lease; suit for release; damages.
Sec. 2.
Should the owner of such lease neglect or refuse to execute a release as provided by this act, then the owner of the leased premises may after giving notice as provided in section 1 of this act, in lieu of the method prescribed in the preceding section, sue in any court of competent jurisdiction to obtain such release, and he may also recover in such action of the lessee, his successors or assigns, the sum of $100.00 as damages, and all costs, together with a reasonable attorney's fee for preparing and prosecuting the suit, and he may also recover any additional damages that the evidence in the case will warrant.
History:
1929, Act 81, Eff. Aug. 28, 1929 ;-- CL 1929, 13507 ;-- Am. 1945, Act 214, Eff. Sept. 6, 1945 ;-- CL 1948, 554.282