Michigan Amends Statute for Marketable Record Title Act
Michigan Gives Homeowners a (Much-Needed) Extension on the MRTA Deadline — What You Need to Know
There’s good news for Michigan property owners, developers, and associations: just as the clock was ticking, the state legislature passed and the governor signed HB 4524, amending the Michigan Marketable Record Title Act (MRTA). This law, designed to “clean up” old claims recorded against land, now gives people more time — and more clarity — to preserve important property rights.
Here’s a breakdown of what changed, why it matters, and what property owners should do next.
What the MRTA Does (Pre-Amendment)
Under Michigan’s original MRTA scheme, any interest in real property that is more than 40 years old (20 years for mineral rights) could be “cut off” — i.e., extinguished — unless the person claiming that interest filed a preservation notice under strict requirements.
The kinds of “interests” at risk included things like:
Easements or rights-of-way
Covenants and restrictions
Private road agreements
Utility easements or use limitations
Other long-standing agreements or recorded claims
Many property owners were concerned these interests might vanish automatically if they failed to act before the deadline.
The Extension: What It Changes
HB 4524 extends that looming September 29, 2025 deadline by two years, giving property owners more breathing room to identify and preserve existing claims.
But it’s not just a simple time extension — the new law also clarifies several key issues that were cloudy or uncertain under the prior version. Let’s walk through those.
Key Clarifications and Provisions Under HB 4524
1. What Must a Preservation Notice Contain?
To validly preserve an interest, a notice must now include:
The claimant’s name and address
A clear statement of the interest being claimed
The liber and page number or instrument number of the original record that first created the interest (except for mineral interests)
The legal description of the property and the names/addresses of owners (from county tax rolls)
Importantly, a vague reference like “subject to easements and restrictions of record” is insufficient to preserve the interest. The notice must be specific and meet all the statutory elements.
2. Associations Can File for Subdivisions or Condominiums
The amendment explicitly allows property owners’ associations to file preservation notices on behalf of co-owners. That’s a big win for subdivisions, condominium complexes, and planned communities that want to preserve collective rights (like restrictions or easements) in a coordinated way.
3. Some Interests Remain Safe Automatically
Even if you don’t file a notice, certain interests won’t be extinguished. Under the amended law, these include:
Clearly observable easements (for example, a paved road or walkway you can see)
Easements tied to utilities, drainage, or energy/hydroelectric use
Environmental restrictive covenants required by state or federal law
Subdivision or condominium restrictions recorded after 1950
So, not every old interest is at risk — but many are, especially if they’re “behind the scenes” or not visible on the ground.
Why This Matters
If an interest is extinguished under MRTA, the right to enforce it is gone. That could mean:
A homeowner loses a right to enforce a private road agreement
A landowner loses an old easement
An association loses the ability to enforce subdivision covenants
These are not trivial losses. The extension and clarifications in HB 4524 help protect those interests — but only if the necessary action is taken.
What You Should Do Next (Proactive Steps)
Review your property title and recorded instruments. Check for covenants, easements, private road agreements, etc.
Work with counsel or a title professional to assess which interests need a notice under MRTA.
File preservation notices within the new extended window. Don’t wait until the last minute again — mistakes or oversights can be costly.
If you’re part of a subdivision or association, consider whether your association should file notices on behalf of co-owners.
Stay current with legal updates. The law is newly amended and may be interpreted in new ways by courts in the coming years.
In Summary
Michigan’s extension and clarification of MRTA via HB 4524 is a welcome reprieve for property owners. It buys extra time and provides needed certainty about how to preserve longstanding property rights. But the actions you take (or fail to take) in the next few years could make all the difference.