{"id":4007,"date":"2024-04-26T06:56:41","date_gmt":"2024-04-26T10:56:41","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=4007"},"modified":"2024-06-16T10:19:50","modified_gmt":"2024-06-16T14:19:50","slug":"michigan-deed-holders-your-property-rights-could-change","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/michigan-deed-holders-your-property-rights-could-change\/","title":{"rendered":"Michigan Deed Holders: Your Property Rights Could Change"},"content":{"rendered":"\n
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Living in Michigan? It\u2019s time to check your deed restrictions<\/a>. Michigan deed holders should know that changes made to the state’s Marketable Record Title Act (MRTA) took effect March 29, 2024. And there\u2019s a new deadline to record a notice under the MRTA.<\/p>\n\n\n\n

KEY POINT TO KNOW: Michigan deed holders now have until September 29, 2025 to keep certain conditions on their deeds that originated 40+ years back.<\/strong> Otherwise, the law will effectively delete certain longstanding \u201crights and interests\u201d including deed covenants, restrictions, and easements \u2014 by letting them sunset.<\/p>\n\n\n\n

Now, let\u2019s go into some details about deeds, restrictions on deeds, and how Michigan\u2019s changes could apply to you and\/or your homeowner\u2019s association.<\/p>\n\n\n\n\n\n\n\n

What\u2019s the Relationship Between a Deed and a Restrictive Covenant in Michigan?<\/h2>\n\n\n\n
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Each time a home\u2019s deed changes hands, the new version reiterates the size and shape of the plot, its borders, and various details of how the land may be used. Restrictions must follow state law, local zoning, and so forth. Each owner agrees to the deed\u2019s language when accepting the deed to a home.<\/p>\n\n\n\n

Deed restrictions can make a big difference in what people can do with their homes. Some of these restrictions rule out certain home-based commerce, for example. Some rule out installing a patio, additional living units, sheds, decks, or garages. Some limit renting, subletting, home-sharing, parking, pet keeping, aesthetic changes\u2026and so forth.<\/p>\n\n\n\n

A title search can trace most deeds and all their important land-use details back to their sources by the liber (book) and page numbers that point to where the deed is filed in the county records.<\/p>\n\n\n\n

Knowing this, imagine you buy a Michigan home subject to restrictive covenants in 2024. Now, consider the past 40 years. Have the deed\u2019s restrictions been recorded or sufficiently identified during those four decades? They\u2019d better be. Because if not, the restrictive covenants will lose their power.<\/p>\n\n\n\n

In plain terms, Michigan law sets forth a span of 40 years for a chain of title before it needs review. During that span of time, claims, easements, and deed restrictions should be recorded or expressly identified. After 40 years of that being left undone, the claims age out.<\/p>\n\n\n\n

The upshot? If you have held your Michigan deed for 40+ years, and it only vaguely mentions restrictions, future owners might not be bound by that language any more.<\/strong> To keep the language in effect will depend on recording a notice of claim of interest<\/em> with the Register of Deeds. It must cite the source \u2014 the document that created the restriction or easement.<\/strong><\/p>\n\n\n\n

How Can Deed Holders Keep Restrictive Covenants From Expiring in the Future?<\/h2>\n\n\n\n

First, review your Michigan deed. Look for any mention of restrictions or covenants. Find any vague language, such as:<\/p>\n\n\n\n