Michigan Compiled Laws

Mich. Comp. Laws § 565.108 (2026)

Recording slanderous notices of claims; costs awarded to plaintiff.

✓ current as of July 2026
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MARKETABLE RECORD TITLE


Act 200 of 1945


565.108 Recording slanderous notices of claims; costs awarded to plaintiff.

Sec. 8.

    A person shall not use the privilege of recording notices under this act for the purpose of slandering the title to land. In any action brought for the purpose of quieting title to land, if the court finds that any person has filed a claim solely for the purpose of slandering the title to land, the court shall award the plaintiff all the costs of the action, including attorney fees as the court may allow, and in addition, the court shall order the defendant asserting the claim to pay to the plaintiff all damages that the plaintiff may have sustained as the result of the recording of the notice of claim.

    

History: 1945, Act 200, Eff. Sept. 6, 1945 ;-- CL 1948, 565.108 ;-- Am. 2025, Act 13, Imd. Eff. Sept. 29, 2025

Notes of Decisions
Cited in 42 cases (15 in the last 5 years), 1990–2026 · leading case: B & B Inv. Grp. v. Gitler, 581 N.W.2d 17 (Mich. Ct. App. 1998).
B & B Inv. Grp. v. Gitler, 581 N.W.2d 17 (Mich. Ct. App. 1998). · cites it 5× “The court further found that defendant made several public statements that demonstrated her *6 intention to injure plaintiff and its business.”
Anton, Sowerby & Assocs., Inc v. Mr. C's Lake Orion, LLC, 309 Mich. App. 535 (Mich. Ct. App. 2015). · cites it 4× “; see also MCL 565.108. 2 In Wells Fargo Bank v Country Place Condo Ass’n, 304 Mich App 582, 596 ; 848 NW2d 425 (2014), this Court provided the following guidance regarding the malice element: *547 The crucial element is malice.”
Stanton v. Dachille, 463 N.W.2d 479 (Mich. Ct. App. 1990). · cites it 2× “MCL 565.108; MSA 26.1278 provides: No person shall use the privilege of filing notices hereunder for the purpose of slandering the title *262 to land, and in any action brought for the purpose of quieting title to land, if the court shall find that any person has filed a claim…”
Reserve at Heritage Vill. Ass'n v. Warren Fin. Acquisition, LLC, 850 N.W.2d 649 (Mich. Ct. App. 2014). “In Count XXIX, plaintiff alleged slander of title and sought costs, including attorney fees under MCL 565.108. In Count XXX, plaintiff sought to quiet title.”
Wells Fargo Bank v. Country Place Condo. Ass'n, 848 N.W.2d 425 (Mich. Ct. App. 2014). ““The same three elements are required in slander of title actions brought under MCL 565.108.” Id. The third count of plaintiffs complaint sought damages under MCL 600.”
Schwab v. Zajac, 823 N.W.2d 737 (N.D. 2012). “360 (West 2007); Mich. Comp. Laws Ann. § 565.108 (West 2006); Neb.”
Fed. Nat'l Mortg. Ass'n v. Lagoons Forest Condo. Ass'n, 852 N.W.2d 217 (Mich. Ct. App. 2014). ““The same three elements are required in slander of title actions brought under MCL 565.108 . . ..” Id. The third count of plaintiffs complaint sought damages under MCL 600.”
Barclay v. Crown Bldg. & Dev., Inc., 617 N.W.2d 373 (Mich. Ct. App. 2000). “Barclay and Gaye Snell filed this action alleging slander of title, MCL 565.108; MSA 26.1278, and to quiet title, on June 17, 1997.”
Brown Bark I, L.P. v. Traverse City Light & Power Dep't, 736 F. Supp. 2d 1099 (W.D. Mich. 2010). · cites it 2× “Count three is a claim for slander of title in violation of Michigan common law and the Michigan slander-of-title statute, Mich. Comp. Laws § 565.108 . As damages from TCLP’s slander of its title, BBI cites “a lowering of value in the Mortgaged Property, the loss or delay of…”
Cipriano v. Tocco, 757 F. Supp. 1484 (E.D. Mich. 1991). “§ 565.108. It is apparent from this provision that the Michigan legislature contemplated that § 565.”
Gkc Michigan Theaters, Inc v. Grand Mall, 564 N.W.2d 117 (Mich. Ct. App. 1997). “Therefore, summary disposition on the ground that plaintiff failed to establish causation *302 would have been inappropriate with regard to this aspect of plaintiffs claim.”
Prismatic Found. v. Eliot Street LLC (Mich. Ct. App. 2023). · cites it 9× “by finding that: (1) no express easement nor any prescriptive easement granted plaintiff parking rights; (2) defendants Eliot Street, Mack 22, and Woodward Eliot hold an easement over a portion of plaintiff’s property; (3) defendants’ easement for ingress and egress over the…”
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