Michigan Compiled Laws

Mich. Comp. Laws § 565.106 (2026)

Construction of act; purpose; extinguishment of claim.

✓ current as of July 2026
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MARKETABLE RECORD TITLE


Act 200 of 1945


565.106 Construction of act; purpose; extinguishment of claim.

Sec. 6.

    This act must be construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons dealing with the record title owner, as defined in this act, to rely on the record title covering a period of not more than 20 years for mineral interests and 40 years for other interests before the date of such dealing and to that purpose, to extinguish all claims that affect or may affect the interest dealt with, subject to the exception 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 or the exceptions under section 4, the existence of which claims arises out of or depends on any act, transaction, event, or omission antedating the 20-year period for mineral interests and the 40-year period for other interests, unless within the 20-year period for mineral interests or the 40-year period for other interests a notice of claim as provided in section 3 has been recorded, or a notice of claim as provided in section 3 has been recorded not later than 2 years after the effective date of the amendatory act that added section 5a for interests that may be preserved and kept effective by recording under section 3, or the interest is excepted under section 4. The claims extinguished by this act are any and all interests of any nature whatever, however denominated, and whether the claims are asserted by a person sui juris or under disability, whether the person is within or outside this state, and whether the person is natural or corporate, or private or governmental.

    

    

History: 1945, Act 200, Eff. Sept. 6, 1945 ;-- CL 1948, 565.106 ;-- Am. 1997, Act 154, Imd. Eff. Dec. 22, 1997 ;-- Am. 2025, Act 13, Imd. Eff. Sept. 29, 2025

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 2004–2024 · 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). “[MCL 565.106 (emphasis added).] Accordingly, it is clear to this Court that the trial court properly applied the marketable record title act to this case and did not err in holding that, under the facts of this case, plaintiffs had the superior title.”
Fowler v. Doan, 683 N.W.2d 682 (Mich. Ct. App. 2004). “The claims extinguished by this act are any and all interests of any nature whatever, however denominated, and whether the claims are asserted by a person sui juris or under disability, whether the person is within or outside the state, and whether the person is natural or…”
Jeffrey Pigeon v. Ashkay Island LLC (Mich. Ct. App. 2022). · cites it 3× “See MCL 565.106. Because land bounded by a natural watercourse is riparian, see Thies, 424 Mich at 287-288 , the trial court did not clearly err by finding that plaintiffs had riparian rights.”
David W Underwood v. Walloon Lake Country Club (Mich. Ct. App. 2018). · cites it 2× “MCL 565.106. The MRTA does not bar or extinguish any easement or interest in the nature of an easement, or any rights appurtenant thereto granted, excepted or reserved by a recorded instrument creating such easement or interest, including any rights for future use, if the…”
Jeffrey B Fraser v. Eileen Metty Rogers (Mich. Ct. App. 2019). · cites it 2× “[MCL 565.106.] Plaintiffs’ contend that the creation of Supervisor’s Plat No.”
Cook Self-Trusteed Living Revocable Trust v. Joshua Sellers (Mich. Ct. App. 2021). “See MCL 565.106 (noting that the legislative purpose of the marketable record title act is to simplify and facilitate land title transactions).”
Gregory James Berg v. Fox Point Beach Ass'n Inc (Mich. Ct. App. 2024). “MCL 565.106 additionally provides: This act shall be construed to effect the legislative purpose of simplifying and facilitating land title transactions by allowing persons dealing with the record title owner, as defined in this act, to rely on the record title covering a period…”
Ritchie Affeldt v. Lake Court Beach Ass'n Inc (Mich. Ct. App. 2015). “MCL 565.106. In 1932, an assessor’s plat of the Lake Court Subdivision, known as “Heneveld’s Supervisor’s Plat No.”
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