As a real estate practitioner, you often hear individuals say about their real estate ownership that “this has been in our family for years!”. However, that may not matter under current Michigan law. The Marketable Record Title Act was extended by Governor Whitmer on March 28, 2024.

If you or your family has an interest in real estate in the form of an older covenant, deed restriction, easement or mineral rights, unless you do something to preserve the interest it could be lost. For general interests in real estate the period in which something needs to be done is 40 years and for mineral rights ownership it is 20 years.

Examples of how this could affect you is an easement that is goes across someone’s land up north to access a river or a restriction in a deed that would limit a home be built on the property that is not over 2,000 square feet.

The Governor extended the deadline until September 29, 2025, for proper notice to be recorded.

If you are uncertain of the need for the recording of such a notice, please do not hesitate to contact a real estate attorney. If you need assistance Zolton Law Office can speak with you about your options.