MARKETABLE RECORD TITLE
Act 200 of 1945
565.102 Unbroken chain of title to interest in land; conditions.
Sec. 2.
(1) A person is considered to have an unbroken chain of title to an interest in land as provided in section 1 if the office of the register of deeds of the county in which the land is located discloses either of the following:
(a) A conveyance or other title transaction not less than 20 years in the past for mineral interests and 40 years for other interests, except as otherwise provided under section 3 for interests that may be preserved and kept effective by recording not later than 2 years after the effective date of the amendatory act that added section 5a, which conveyance or other title transaction purports to create the interest in that person, with nothing appearing of record purporting to divest that person of the purported interest.
(b) A conveyance or other title transaction not less than 20 years in the past for mineral interests and 40 years for other interests, except as otherwise provided under section 3 for interests that may be preserved and kept effective by recording not later than 2 years after the effective date of the amendatory act that added section 5a, which conveyance or other title transaction purports to create the interest in some other person and other conveyances or title transactions of record by which the purported interest has become vested in the person first referred to in this section, with nothing appearing of record purporting to divest the person first referred to in this section of the purported interest.
(2) If a person is considered to have an unbroken chain of title to an interest in land under this section, the interest in land is subject to all interests preserved under section 3 or excepted under section 4, including interests filed or recorded in accordance with the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630, or its predecessor.
(3) For purposes of this section, unless preserved under section 3 or excepted under section 4 and except as to mineral interests, a conveyance or other title transaction in the chain of title purports to divest an interest in the land only if it does either of the following:
(a) Purports to create the divestment.
(b) If recorded after March 28, 2019, and except as otherwise provided in section 5a(1), specifically refers by liber and page or other county-assigned unique identifying number to a previously recorded conveyance or other title transaction that purported to create the divestment.
History: 1945, Act 200, Eff. Sept. 6, 1945 ;-- CL 1948, 565.102 ;-- Am. 1997, Act 154, Imd. Eff. Dec. 22, 1997 ;-- Am. 2018, Act 572, Eff. Mar. 29, 2019 ;-- Am. 2025, Act 13, Imd. Eff. Sept. 29, 2025
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1991–2022 · leading case:
Fowler v. Doan, 683 N.W.2d 682 (Mich. Ct. App. 2004).
Fowler v. Doan, 683 N.W.2d 682 (Mich. Ct. App. 2004).
· cites it 2× “See MCL 565.102. MCL 565.103 further provides, in part: Marketable title shall be held by a person and shall be taken by his or her successors in interest free and clear of any and all interests, claims, and charges whatsoever the existence of which depends in whole or in part…”
Fowler v. Doan, 683 N.W.2d 682 (Mich. Ct. App. 2004).
· cites it 2× “See MCL 565.102. MCL 565.103 further provides, in part: Marketable title shall be held by a person and shall be taken by his or her successors in interest free and clear of any and all interests, claims, and charges whatsoever the existence of which depends in whole or in part…”
Cipriano v. Tocco, 757 F. Supp. 1484 (E.D. Mich. 1991).
“§ 565.102] shall be held by such person and shall be taken by his successors in interest free and clear of any and all interests, claims, and charges whatsoever the existence of which depends in whole or in part upon any act, transaction, event or omission that occurred prior to…”
New Prods. Corp. v. Harbor Shores Bhbt Land Dev. (Mich. Ct. App. 2019).
· cites it 3× “At the time relevant, MCL 565.102 provided4: A person is considered to have an unbroken chain of title to an interest in land as provided in section 1 when the official public records disclose either of the following: (a) A conveyance or other title transaction not less than 20…”
Jeffrey B Fraser v. Eileen Metty Rogers (Mich. Ct. App. 2019).
· cites it 2× “1 constituted a conveyance within the meaning of MCL 565.102. They contend that, consequently, there has been an unbroken chain of title of record for over 40 years that gives plaintiffs marketable record title to the entirety of Lot 56 and extinguishes all other claims pursuant…”
William E Marcus Trust v. Chad Apap (Mich. Ct. App. 2022).
“if the official public records disclose” “[a] conveyance or other title transaction not less than [40 years in the past] which . . . purports to create the interest in that person, with nothing appearing of record purporting to divest that person of the purported interest.”
Ritchie Affeldt v. Lake Court Beach Ass'n Inc (Mich. Ct. App. 2015).
“” MCL 565.102(a). A “conveyance” is any “instrument in writing, by which any estate or interest in real estate is created, aliened, mortgaged, or assigned; or by which the title to any real estate may be affected in law or equity, except wills, leases for a term not exceeding 3…”
— Mich. Comp. Laws § 565.102(1)(a) — 2 cases
Jeffrey B Fraser v. Eileen Metty Rogers (Mich. Ct. App. 2019).
“1 constituted a conveyance within the meaning of MCL 565.102. They contend that, consequently, there has been an unbroken chain of title of record for over 40 years that gives plaintiffs marketable record title to the entirety of Lot 56 and extinguishes all other claims pursuant…”
William E Marcus Trust v. Chad Apap (Mich. Ct. App. 2022).
“if the official public records disclose” “[a] conveyance or other title transaction not less than [40 years in the past] which . . . purports to create the interest in that person, with nothing appearing of record purporting to divest that person of the purported interest.”
— Mich. Comp. Laws § 565.102(1)(b) — 1 case
New Prods. Corp. v. Harbor Shores Bhbt Land Dev. (Mich. Ct. App. 2019).
“At the time relevant, MCL 565.102 provided4: A person is considered to have an unbroken chain of title to an interest in land as provided in section 1 when the official public records disclose either of the following: (a) A conveyance or other title transaction not less than 20…”
— Mich. Comp. Laws § 565.102(a) — 1 case
Ritchie Affeldt v. Lake Court Beach Ass'n Inc (Mich. Ct. App. 2015).
“” MCL 565.102(a). A “conveyance” is any “instrument in writing, by which any estate or interest in real estate is created, aliened, mortgaged, or assigned; or by which the title to any real estate may be affected in law or equity, except wills, leases for a term not exceeding 3…”
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