Michigan Extends Marketable Record Title Act Deadline: Key Clarifications for Property Owners

Michigan property owners, associations, and developers can breathe a sigh of relief. Yesterday, right up against the deadline, Gov. Whitmer signed HB 4524, which passed the Michigan legislature with bipartisan support earlier this week. The bill extends the critical September 29, 2025 deadline under the Marketable Record Title Act (MRTA) and makes several important clarifications to the law.

The Michigan Marketable Record Title Act, which was amended yesterday by HB 4524, was enacted to simplify land ownership and clean up outdated claims from the record. It does this by cutting off interests that are more than 40 years old (20 years for mineral interests) unless they are properly preserved by recording a notice. Property owners grew concerned with the impending September 29, 2025 deadline because some non-observable property interests could be extinguished if no preservation notice was filed, including subdivision restrictions, private road agreements, utility easements, and other long-standing covenants and use limitations.

Two-Year Extension to Preserve Interests

The most immediate impact of the amendment is that property owners now have an additional two years beyond the September 29, 2025 deadline to record notices preserving rights. This grace period allows interests such as easements, restrictions, and covenants to be reaffirmed and remain enforceable. The extension is a welcome reprieve for clients concerned about scrambling to meet this fall’s deadline.

Notice of Claim Requirements

To be valid, a preservation notice must now include:

• The claimant’s name and address.
• A clear statement of the interest claimed.
• Liber and page number or instrument number of the original document creating the interest (except for mineral interests).
• A legal description and the names and addresses of affected owners (from the county tax roll).

Mere reference in a deed or other instrument with language such as “subject to easements and restrictions of record” does not preserve an interest. Failure to meet these notice requirements may render a notice ineffective and fail to protect the property interest.

The amendment also clarified that a property owners’ association is expressly authorized to record notices on behalf of its co-owners, protecting subdivisions and condominiums.

Easements and Restriction Protections

Certain interests remain safe from extinguishment even without a recorded notice. These include:

• Clearly observable easements (such as paved roads and walkways)
• Easements tied to utilities, drainage, energy facilities, or hydroelectric flowage.
• Environmental restrictive covenants under state or federal law.
• Subdivision and condominium restrictions recorded after 1950.

Takeaway

HB 4524 provides both breathing room and clarity. Property owners, developers, and associations now have two extra years to preserve interests and avoid extinguishment. At the same time, the law sharpens recording requirements and reduces uncertainty from vague definitions.

Property owners and associations should review their title documents and consult counsel to determine whether preservation notices should be filed under the amended Marketable Record Title Act. Acting within the new two-year window will ensure valuable rights are not lost.

While we continue to track the ongoing legal developments, the Rhoades McKee Real Estate Law Team is here to help builders navigate compliance and stay up to date with the new changes.