Quick Answer
2025 PA 13 amended Michigan's Marketable Record Title Act (1945 PA 200, MCL 565.101 et seq.) with immediate effect on September 29, 2025. It lets a property owners' association record a notice of claim, adds a new section 5a limiting what a deed's "subject to" language preserves, and sets a notice-of-claim window that runs to 2 years after the effective date.
By our reading that window closes September 29, 2027. The Act also says it must not be applied to bar interests created by a recorded declaration executed on or after January 1, 1950, or by a recorded condominium master deed, so many associations may have nothing to file. Confirm with counsel before deciding either way.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | 2025 PA 13, amending the Marketable Record Title Act, 1945 PA 200, MCL 565.101, 565.103, 565.104, 565.105 and adding 565.105a |
| Effective date | September 29, 2025 (immediate effect, per the section history lines) |
| Applies to | Interests in land generally, including covenants and easements. Associations matter because a property owners' association may record a notice of claim (565.103(4)(c)) |
| Key sections | 565.101, 565.103, 565.104(1)(g) and (h), 565.105, 565.105a |
| Remedy or penalty | No penalty. Consequence of not recording when the Act applies: interests may be "void and of no effect" (565.103(1)) |
What the Law Says
The basic rule
A person with an unbroken chain of record title for 20 years (mineral interests) or 40 years (other interests) is considered to hold marketable record title, free of older interests that depend on acts or events before that period (565.101, 565.103(1)). Those older interests are "void and of no effect at law or in equity" unless preserved by recording a notice of claim.
The notice-of-claim window
Under 565.103(1), an interest, claim or charge may be preserved by recording a notice of claim "not later than 2 years after the effective date of the amendatory act that added section 5a or during the 20-year period for mineral interests or the 40-year period for other interests." Section 5a was added by 2025 PA 13, which took immediate effect September 29, 2025. Our reading: the outside date is September 29, 2027. Confirm the exact date with counsel.
Who may record
Section 565.103(4) lists who may record a notice: the claimant; an agent or person authorized in writing; "a property owners' association"; or another person acting for a claimant who is under a disability, cannot assert the claim, or belongs to a class whose members cannot be identified. Under subsection (5), a notice recorded by a claimant who meets all requirements is effective for others whose rights come from the same instrument.
Required contents (565.105)
- An accurate and full land description "in particular terms and not by general inclusions."
- Claimant's name and mailing address; the interest claimed to be preserved.
- Except for mineral interests, the liber and page or other unique number of the recorded instrument creating the interest.
- The claimant's signature and a notarial acknowledgment.
- The drafter's name and address, and a return address.
- The name and mailing address of all owners of the affected land. Persons in whose names the land is assessed on the last completed tax roll count as owners.
The notice is recorded in the register of deeds of each county where the land lies, at the same fees as deeds. The statute prints a sample form that "may be used."
Exceptions that matter to associations (565.104)
The Act "must not be applied to" bar or extinguish "any interest created by any declaration or other instrument or agreement executed and recorded on or after January 1, 1950, as the declaration or other instrument or agreement may be amended, that subjects the land to any use or other restriction or obligation, burden, or benefit with respect to each lot or other parcel" (565.104(1)(g)). It also must not be applied to bar "any interest created by a recorded master deed for a condominium or any recorded amendments" to one (565.104(1)(h)). The text also protects easements that are clearly observable and certain utility, drainage and energy easements (565.104(1)(c) and (d)).
New section 5a
An instrument that conveys or encumbers land "subject to" an interest is not an effective notice of claim if it states that the reference is solely to limit the warranty. A deed that says land is conveyed "subject to easements and restrictions of record," without a liber and page or other county number, "is not effective to create, preserve, or continue" those recorded easements or restrictions (565.105a(2)).
What This Means in Practice
Boards
Start with how your restrictions were created. Our reading: a recorded condominium master deed and a declaration recorded on or after January 1, 1950 fall within the exceptions in 565.104(1)(g) and (h) and are not extinguished by the Act. An older plat restriction, a pre-1950 declaration, or an easement that is neither observable nor a listed facility easement is where a notice of claim may matter. That is a title question for counsel.
Owners
Because section 5a affects what a deed's "subject to" language preserves, a conveyance that lists exceptions without recording references may not keep them alive. Owners should expect title companies to ask about recorded references.
What the Act does not say
- It does not require an association to record anything. It permits a property owners' association to record a notice.
- It does not say whether a condominium association is a "property owners' association" for this purpose. Open question.
- The text read here does not define the exact day the 2-year period ends; the September 29, 2027 date is our calculation from the effective date.
Timeline
| Date | Event |
|---|---|
| March 28, 2024 | 2024 PA 20 amends sections 1 and 3 (immediate effect) |
| September 29, 2025 | 2025 PA 13 takes immediate effect; section 5a added |
| September 29, 2027 | Notice-of-claim window ends, by our reading of "2 years after the effective date" of the act adding section 5a |
Related Michigan Law
- Michigan MRTA: does your HOA need a notice of claim?
- SB 721 (PA 20 of 2024): MRTA deadline extended
- Amending the master deed and bylaws (MCL 559.190)
Board Checklist
- List every recorded instrument that creates your restrictions, easements and assessments, with recording dates.
- Ask counsel whether each falls inside 565.104(1)(g) or (h).
- Calendar the window end date counsel confirms, with a buffer.
- If a notice is needed, gather the land description, liber and page numbers and owner names and addresses required by 565.105.
- Budget for notary and recording fees.
- Review deeds you issue for "subject to" language and section 5a wording.
Frequently Asked Questions
When did 2025 PA 13 take effect?
September 29, 2025, with immediate effect, as shown in the section histories on the Michigan Legislature site.
Can an HOA record a notice of claim?
Yes. Section 565.103(4)(c) lists "a property owners' association" among those who may record.
Does a condominium master deed expire under the Act?
Section 565.104(1)(h) says the Act must not be applied to bar an interest created by a recorded master deed or its amendments.
Are declarations recorded after 1950 affected?
Section 565.104(1)(g) says the Act must not bar interests created by a declaration executed and recorded on or after January 1, 1950, as amended, that imposes use restrictions or burdens on each lot.
What must a notice of claim include?
Claimant name and address, interest claimed, liber and page, legal description, signature, notarial acknowledgment, drafter, return address, and owner names and addresses (565.105(1)).
Does "subject to easements of record" preserve an easement?
Not by itself. Section 565.105a(2) says that language without a liber and page or county number is not effective for this purpose.
Where This Comes From
We read MCL 565.101, 565.103, 565.104, 565.105 and 565.105a on the Michigan Legislature website, current through PA 114 of 2026. We did not read the enrolled bill or the bill analysis. Official site: MCL 565.103.
<h2>Where We Stand</h2><p><strong>Our position: we are neutral on this amendment.</strong> It is a procedural protection with little day-to-day operating impact. We advise boards to calendar the notice-of-claim window and confirm filings with counsel. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.</p>
How APM Helps
Association Property Managers manages condominium and HOA communities across Michigan from our East Lansing office, with flat, published pricing. See our Michigan service area, browse every Michigan state-law guide, or request a free proposal. Laws and documents differ by community, and we review your master deed and bylaws when we build your proposal.
Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Michigan attorney before acting.
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