Legal Update: MRTA Deadline Extended for Preserving Property Rights
As previously reported in our 2024 article, an amendment to the Marketable Record Title Act, MCL 565.101 et seq. (“MRTA”), was originally enacted in 2019. That amendment had the effect of requiring property owners to file a "Notice" of Claim to retain certain property rights such as easements and land restrictions if those instruments were last recorded with the County Register of Deeds more than 40 years ago.
The impact of the MRTA amendment has been delayed twice. House Bill 4524 was signed by Governor Whitmer on September 29, 2025. This legislation now further delays the deadline to record a Notice to September 29, 2027, and also limits the impact of the original MRTA Amendment. The types of land rights that are now exempt from the requirement to file a Notice include: observable easements, driveways, trailways, all utility facilities, environmental restrictions, remaindermen interests following a life estate, land restrictions as part of a neighborhood or plat if recorded after 1950, any restrictions or easements included in a recorded master deed for a condominium no matter how old, among others.
If you have already recorded a Notice to preserve your interests, this recent MRTA Amendment should not negatively impact your land rights. Should you need assistance with evaluating your property rights before the deadline of September 29, 2027, please contact attorneys Sara Cunningham or McKenna Rivers at Foster Swift Collins & Smith.
Disclaimer: Please note that this update is meant to provide general information and is not legal advice. Every situation is different and individuals should consult an attorney prior to taking action to determine how this information may apply to a specific situation.
